emergency powers cannot come at the cost of rights

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Dear friends and colleagues,

The global crisis continues to have profound effects on all of us, especially the most vulnerable in our communities. In these complex times, it is important that the right to safety, sexual health, self-expression, and dignity are not forgotten. We'd like to hear from you!  Share with the world your stories of survival and how your community is responding to the challenges. Contact us: cdideriksen@equal-eyes.org



From the UN: The UN High Commissioner for Human Rights, Michelle Bachelet, released a new guidance for States on the human rights of LGBTI people during the COVID-19 response. The guidance identifies major concerns LGBTI people face that could be amplified by the crisis including access to health services, de-prioritization of essential medicines and treatments, domestic violence, and limited access to work and livelihood. She noted:

“We know that efforts to tackle the pandemic will only work if everyone's rights to life and health are protected.”


In a video address, UN Secretary-General António Guterres warned that there has been a “horrifying global surge in domestic violence” as pandemic-related stay-at-home orders restrict movement and increase economic and social pressures. Appealing for “peace in homes around the world”, he urged governments to ensure that prevention of violence against women is a part of national response plans:

“Together we can and must prevent violence everywhere, from war zones to people's homes, as we work to beat COVID-19.”


The Special Rapporteur on Violence Against Women, Ms. Dubravka Šimonović, issued an open call for all relevant information on the increase of gender-based violence against women and domestic violence in the context of the pandemic from civil society, governments, international organizations, and other stakeholders. We urge organizations with information on cisgender and transgender women, non-binary, and gender nonconforming people to submit to the Rapporteur.

UNAIDS strongly condemned using the COVID-19 crisis as an excuse to restrict the civil rights of marginalized people. Reports have emerged showing that some countries have used emergency powers or public health justifications to restrict rights related to personal autonomy, gender identity, freedom of speech, and sexual and reproductive health and rights. Winnie Byanyima, Executive Director of UNAIDS noted:

“In times of crisis, emergency powers and agility are crucial; however, they cannot come at the cost of the rights of the most vulnerable.” 


Collaborating with the Global Network of Sex Work Projects (NSWP), UNAIDS issued a call for attention to the rights of sex workers globally. Criminalization of some aspects of sex work in most countries has magnified the precarious situation sex workers face leaving them increasingly vulnerable. Several organizations are reporting that sex workers are being excluded from emergency social protection measures being put in place for other workers.  

More From the UN

HIV, Health, and Wellness: Elton John launched a $1 million emergency fund specifically targeting the needs of the HIV community impacted by COVID-19. The Elton John Foundation, which has supported HIV causes globally for nearly 30 years, is accepting proposals for solutions that demonstrably mitigate the threat of COVID-19. Some examples include projects that transition face-to-face models of care to home-based or virtual services, that decentralize HIV prevention and treatment services, and that increase mechanisms for community feedback to troubleshoot problems.

From Uganda, the Mbarara Rise Foundation has launched a fundraiser to help HIV-positive LGBTQI people with food, masks, and other needs. The Foundation warned that HIV-positive LGBTQI people unable to work during the quarantine have "silently stopped taking their daily HIV treatment due to lack of food to eat".

In Australia, the Therapeutic Goods Administration (TGA) accepted a proposal by the Red Cross to reduce the waiting period to give blood from 12 to 3 months for people with sexual-activity based risk factors. Once approved by all state and federal governments, the change will impact gay and bisexual men and their partners, sex workers and their clients, the partners of injecting drug users, and the HIV-negative partners of HIV-positive persons. The state of New South Wales (NSW), which recently said it urgently needs 100,000 healthy donors, was the first to commit to work towards a “nationally consistent approach to eligibility for blood donation”.

In the US, the Food and Drug Administration (FDA) released new guidelines reducing the period of time gay and bisexual men and their partners must remain celibate before giving blood from 12 to 3 months. Despite promising that the change would be “immediate”, blood banks are continuing to refuse gay and bisexual men because the system is not yet equipped to handle newly eligible donors. Over 500 health professionals called on the FDA to eliminate the deferral period entirely which would significantly increase available blood and plasma donations. They urged:

“We are collectively obligated to immediately create policies and promote public health interventions that effectively address the many downstream crises created by the COVID-19 pandemic.”
 

In Germany, members of the Free Democratic Party (FDP) have asked the Minister of Health to end the 12-month waiting period that gay and bisexual men and transgender people must undergo before giving blood. Bundestag (federal parliament) members Jens Brandenburg and Kathrin Helling-Plahr pointed to the loosening of restrictions in the US and said:

“No corona patient should die because the blanket ban on blood donation was lifted too late.”


The world’s condom supply continues to dwindle after manufacturing plants were forced to close last month. Malaysian company Karex (which supplies Durex and other  condom brands) announced it has restarted factories with a 50% reduced workforce. Thailand’s Nippon Rubber Industry (which supplies condoms to the US, Japan, and China) announced it will keep factories open as an “essential business” and expects to increase output by 27%. And China’s HBM Protections announced that factories have reopened and they plan to triple manufacturing lines by the end of the year. Meanwhile, Trojan Condoms issued a statement urging retailers to prioritize the delivery of condoms as an “essential” product. 

A new paper published in the Journal of the American Association of Nurse Practitioners examined the attitudes and behaviors toward condoms and PrEP use among young gay men and other men who have sex with men (aged 17 - 24 years old). The study aimed to address the increasing rates of HIV and other sexually transmitted infections among young men in the US. The authors suggest individually tailored interventions based on the young men’s belief systems are needed to reduce risk and increase both condom and PrEP use.

A new study in JMIR Public Health and Surveillance examined the use of internet-based, peer-delivered interventions to encourage HIV testing and condom use among gay men and other men who have sex with men in India. The study evaluated the CHALO! (Let’s Go!) program that recruited mostly men between 18 and 29 years old and used email, a private Facebook group, and WhatsApp messages to communicate. Although the pilot program showed evidence for improving HIV testing, the intervention had no impact on condom use.

A new study is being launched to document the impacts of the COVID-19 pandemic on trans and gender-diverse people around the world. The survey is available in 10 languages, with many more languages to come—share with your networks now! 

From Australia, paediatrician and director of the Royal Children’s Hospital's Gender Service clinic, Michelle Telfer spoke with the Brisbane Times about the “irrational” criticism against gender affirming healthcare for children. (After many months of negative media attention against trans children, UN expert Victor Madrigal-Borloz condemned Australian media for perpetuating harmful stereotypes that "impede access to their human rights".) Telfer, a former Olympic gymnast, helped develop Australia’s Standards of Care for trans and gender-diverse children. She explained the science behind the Royal Australian College of Physicians endorsement of “expert clinical care that is non-judgmental, supportive, and welcoming for children, adolescents, and their families experiencing gender dysphoria”. As she reflected:

“I think at the heart of it is a misunderstanding about these decisions – because it's not a choice. These young people are doing what they have to do to live their life.”


Using the WHO’s guidance “Coping with COVID-19 Stress”, Turkey’s Young LGBTI + Association (Genç LGBTİ+ Derneği) has created a series of  Turkish posters for the community. Check them out! 

More HIV, Health, and Wellness

From the World of Politics:  Sixty-three Members of the European Parliament published an open letter calling on the Hungarian government to reject a omnibus bill that would impact transgender and intersex citizens. If passed, the National Registry will record “sex at birth” and will prevent people from changing their gender or name on identity documents. The MPs note that preventing legal gender recognition violates European human rights standards and the case-law of the European Court of Human Rights.

Poland’s President Andrzej Duda signed into law amendments to combat COVID-19. However, experts say that the amendments intensify the criminalization of HIV; with the penalty for exposing another person to HIV increasing from a prison term of up to 3 years to 8 years. Exposing a person to other diseases that threaten a life is punishable by imprisonment of up to 6 years. UNAIDS noted that criminalization is often implemented against vulnerable and stigmatized communities:

“Our experience in the HIV epidemic is that criminalization of virus transmission leads to significant human rights violations, undermines the response, and is not based on science.” 


Meanwhile, Poland’s Sejm (parliament) decided to delay votes on two controversial bills that were being debated during the country’s lockdown. The first bill would impose an almost total ban on abortion. The second bill would criminalize sex education, penalizing educators who teach people under 18-years-old with up to three years in prison. Amnesty International called the bill, which members of the Law and Justice party (PiS) have been working on since last year, “recklessly retrogressive”.  See Oko Press’s local coverage on the debate for and against criminalizing sex education. UN experts released a statement saying they were “deeply concerned” and urging the parliament to reject both bills. 

In the US, several state governments have issued bans to prevent women from obtaining abortions during the COVID-19 crisis. Governments are labelling abortions “non-essential”, “elective”, or “non-urgent” to prevent them from taking place. The WHO classifies access to safe and legal abortion as “essential” to women’s sexual and reproductive health. In Alabama, Iowa, Ohio, and Oklahoma, courts have granted temporary restraining orders on the bans—this allows abortions to continue. Bans are currently in place in Texas, Alaska, and Tennessee. Louisiana, Mississippi, and Kentucky are threatening bans. Writing for Rewire.News, Paige Alexandria provided details for how people can seek help if they are unable to access abortion care during the pandemic. 

Also in the US, Virginia governor Ralph Northam signed into law several progressive bills including new abortion protections and the “Virginia Values Act”. The Act expands human rights protections to prohibit discrimination on the basis of sexual orientation and gender identity in housing, public and private employment, public accommodations, and access to credit. The sweeping reforms follow the 2019 election, where—for the first time in 25 years—progressive leaders took control of the state senate and house of representatives.  

Ireland’s first openly gay Prime Minister, Leo Varadkar, reregistered as a medical practitioner to help in the country’s fight against COVID-19. Varadkar was responding to Ireland’s Health Services call to all former health care professionals to return to the agency. Reflecting on the crisis, he noted:

“In years to come, let them say of us, when things were at their worst, we were at our best.”

More from the World of Politics

The Politics of Union:  With a vote of four to five, the Constitutional Court of Chile rejected a challenge by a lesbian couple married in Spain to have their marriage recognized in Chile. The couple sought recognition after they became pregnant to protect their rights as a family. However, the court determined that the current law which allows Civil Unions for same-sex couples married abroad was sufficient. 

The Federation government of Bosnia and Herzegovina has appointed a working group to analyze the rights of same-sex couples and to establish how local legislation should be amended to bring those rights up to the standard set by the European Convention on Human Rights and Fundamental Freedoms. Civil society, including the Sarajevo Open Center and other LGBTI groups, have been invited to attend all working group sessions so that the needs of LGBTI people are better assessed in all changes.

More from the Politics of Union

Let the Courts Decide: The Inter-American Court of Human Rights ruled against the government of Peru for the torture and rape of a transgender woman as she was held in police custody. Reuters reported that this is the first ruling by the court on torture against LGBT+ persons. Peru has been ordered to pay damages to the victim, provide her psychological treatment, and to adopt new protocols for investigating and tracking violence against LGBT+ people. 

In Hong Kong, Justice Andrew Cheung Kui-nung has been selected as the new chief judge of the High Court of Appeal—the highest administrative court in the region. Cheung has a history of rulings against the rights of LGBT couples, blocking the marriage of a trans woman to her boyfriend and overturning a landmark ruling in favor of couples married outside of the region. LGBT activists issued concerns that the appointment would prevent progress.

Hong Kong’s Court of First Instance recently ruled against a challenge for same-sex marriage and civil unions; however, the judge in that case urged the government to undertake a comprehensive review of the law. A report from the Equal Opportunities Commission found that the law treats same-sex partners differently in nearly 100 ways compared to married couples.

More from the Courts

Regarding Religion: In the Ukraine, the LGBT+ group Insight filed a lawsuit against the leader of the Orthodox Church of Ukraine, Patriarch Filaret, for his statement that COVID-19 was God’s punishment for same-sex marriage. The Church issued a statement saying that Filaret has the right to freedom of expression and that the legal proceedings were an encroachment on public morality.

From Iraq, activists, celebrities, and others in the LGBT+ community denounced a statement by Shia cleric and militia leader Muqtada al-Sadr that the outbreak would not subside unless all governments repealed marriage equality laws. LGBT rights group IraQueer warned that Sadr was “weaponizing” the fears of Iraqis:

“Making such ignorant statements will not only endanger LGBT+ people's lives but will also put the lives of all Iraqis at risk. The coronavirus is a pandemic that must be dealt with seriously and medically, and Muqtada al-Sadr's tweet will only distract us from what is really important, which is to save Iraqi lives.”


In the US state of Michigan, Episcopal Reverend Katherine Ragsdale has urged the government to end an exemption on “worship services” during COVID-19 restrictions. Ragsdale said that anti-abortion activists are using the worship loophole to harass patients and staff at abortion clinics. Meanwhile, in North Carolina, police broke up a crowd of 50 and arrested 12 anti-abortion activists who refused to disband outside of a women’s health center. Activists in both states are suing the government for violating free speech protections.

More Regarding Religion

Fear and Loathing: The Human Dignity Trust published a new report that outlines trends in anti-LGBT hate crimes across the Commonwealth and the impacts of these crimes on society and individuals. The report makes recommendations on legislation and monitoring mechanisms to enact positive reform. It is a follow-up to last year’s report which analyzed the types of laws that have proven to be most effective against hate crimes. 

In a statement the UN Refugee Agency in Kenya said they were “profoundly shocked and saddened” by the apparent suicide of a Ugandan refugee outside of their Nairobi offices. Local reports said the 27-year-old, Aneste Mweru, had been a member of the LGBTIQ community and was suffering depression due to an increase of violence and an end to a program that provided a stipend to refugees. Refugee Coalition of East Africa issued a call to action and said:

“Without knowing what was in his mind and heart, we can know that he was without hope, without options, and was left in a state where he believed that to leave this world was preferable to existing under the circumstances of his life. We understand that desperation.”


From the Philippines a video of police humiliating LGBT people found outside past curfew was posted on social media. Human Rights Watch remarked that while curfews are necessary to slow the virus, they “should be enforced in a professional, measured manner that does not jeopardize people’s rights and dignity”.

From Belize came reports of a young gay HIV-positive man who was found dead days after his family says he was beaten and humiliated by police for breaking the COVID-19 curfew. Various government agencies, including the National AIDS Commission, released a statement calling for an investigation. Caleb Orozco, of the the United Belize Advocacy Movement, noted there were many factors that led to Ulysease Roca’s tragic death:

“It's an intersectional issue of ethnicity, of economic standing, of sexuality, of mental health. When you have so much things against you, something has to go wrong badly. He died from a lack of empathy.”


In Morocco, people are being targeted in an online campaign to forcibly out gay and bisexual men who use dating apps.  According to local reports, Sofia Taloni, a transgender social media influencer, had been using her Instagram account to out men she had connected with on Grindr. Taloni encouraged her 500,000 followers to join gay dating apps with fake profiles and expose the people they met there. Many have spoken out and both Grindr and PlanetRomeo have alerted local users to hide their personal pictures and information. The Akaliyat Association called on authorities to investigate Taloni for inciting hatred against Moroccan citizens. Same-sex sexual activity is criminalized in the country. 

Writing for Bay Area Reporter, Heather Cassell spoke to activists from the Filipino LGBT Europe group, Amazin LeThi Foundation, the National Queer Asian Pacific Islander Alliance, and Italy’s Gay Center about facing racism related to the spread of COVID-19

From Iraq, the non-profit research group Social Inquiry published a policy brief that examines the humanitarian needs of victims of sexual and gender based violence (SGBV) in the Middle East and North Africa. The brief focuses on sexual and gender minorities and men and boys who are “often overlooked” when addressing SGBV. Because men are more often seen as perpetrators of violence, the brief notes that capturing information on SGBV requires different, more robust, and creative approaches.

More from Fear and Loathing

Winds of Change: Many LGBTQ organizations around the world are focusing support efforts to help the community during the COVID-19 crisis. Check out the list from GATE on resources for trans, gender diverse, and intersex people. ILGA-Oceania collected resources for LGBTIQ French-speaking people across the Pacific region. The LGBTQ Foundation published resources for rapid economic relief for both individuals and organizations. 

From Ecuador, Diálogo Diverso launched "In Solidarity with Diversity"–a fundraiser to support LGBTI+ Ecuadorian and Venezuelan refugees. The fund will help families cover rent, food, and other basic necessities. 

The Eurocentralasian Lesbian* Community (EL*C) is hosting a series of online spaces for lesbian, bisexual, queer, and others connected to lesbian activism to gather virtually, despite lockdowns and self-isolation measures. “Locked-down Lesbians Listening” sessions are currently hosted in English, Spanish, French, and Russian, and are available on demand in Turkish, Serbian-Croatian-Bosnian-Montenegrin, Greek, Ukrainian, German, Italian, Dutch, Swahili, and Lingala. 

From the UK, Patrick Strudwick investigated how LGBT charities, businesses, and individuals have mobilized to help the community. From online dance parties, to mental health support, to distributing condoms through the mail, people are tackling the crisis in new ways. One such person is Carla Ecola, director of The Outside Project—a shelter for LGBTIQ+ people, who launched the London LGBTIQ+ COVID-19 Mutual Aid group. The group connects people in the community with requests for help for anything they need during self-isolation—from dog walking, to collecting medicine, to friendly phone calls. 

From India, First Post looked at the ongoing impact of COVID-19 on hijra and trans people. It spoke with the Mumbai-based Essar Foundation which is using its resources to connect over 2000 members of the trans community with access to medicine, food, shelter, and entrepreneurship platforms.

From Indonesia, UNAIDS highlighted the work of the Crisis Response Mechanism (CRM) Coalition, established by the civil society organizations LBH Masyarakat, Arus Pelangi, Sanggar Swara and GWL Ina. CRM has raised over IDR 67,000,000 ($4,100) to support transgender women in Jakarta who are severely impacted by the effects of physical distancing during COVID-19. CRM has distributed food and hygiene packages to more than 530 transgender women. 

From Taiwan, China, Digital Minister Audrey Tang spoke about Taiwan's use of technology to help flatten the curve of infections and fatalities. Tang, who was the first openly trans person and youngest official appointed in a top government position, has been instrumental in the initiatives to encourage citizen cooperation, including adopting a platform to ration face masks, creating a real-time alert system of risky locations, and developing a platform to order essentials online.  

More from Winds of Change

School Days: UNESCO estimates that 91% of the world’s student population have been impacted by schools temporarily closed to slow the spread of COVID-19. 

Human Rights Watch released a new report “COVID-19 and Children’s Rights” that examines the “potentially far-reaching, long-term negative impact on children around the world”. They examine the impact on education, poverty, home violence, loss of caregivers, sexual exploitation, poor health outcomes, and lack of sexual and reproductive health. 

Writing for African Arguments, Agnes Odhiambo examined the risk girls face when kept from the safe space schools provide. Not only do they lose education, but access to sexual and reproductive health education and contraceptives. Odhiambo urged countries to reform policies that keep pregnant girls and adolescent mothers from attending school.

Dartmouth University student Caris White spoke with LGBTQ classmates about how leaving school to shelter at home has been physically and mentally unsafe. Master of Public Health student Lauren Kim reflected on how LGBT youth who are homeless because of family rejection urgently need support during the crisis

In the US, the Campaign for Southern Equality published an open letter signed by over 300 educators, social workers, parents, and students urging the North Carolina Department of Public Instruction to update the technology used to provide virtual learning for school children. The current system does not allow students to use their preferred name and gender resulting in trans students being outed to classmates—a violation of the Federal Educational Rights and Privacy Act (FERPA). 

Journalist Tracey Clark-Flory looked at how sex education is being considered or excluded during US school closures. A new report from New Zealand found that young people who have less exposure to sex education turn to pornography to fill in the gaps about sex, sexuality, and gender. The group Sexuality Information and Education Council of the United States (SIECUS) released a guide for parents seeking credible online education resources

One multilingual resource: the digital media group AMAZE that enables parents, guardians, and youth to engage in age-appropriate sexual health and relationships education from home. Topics include puberty, personal safety, STDs & HIV, pregnancy and reproduction, sexual orientation, gender identity, and healthy relationships. AMAZE Jr brings appropriate information for very young kids. AMAZE videos are available with culturally relevant information in English, Afrikaans, Xhosa, Korean, Japanese, and Spanish. Check out their animated videos

More from School Days 

Sports and Culture: Author Edmund White reflected on how fear, bigotry, and misinformation during the emergence of HIV/AIDS is culturally similar and different to the current COVID-19 pandemic:

"AIDS bore a badge of shame even in the gay community – if you were infected it was your own fault for not practicing safe sex – whereas everyone feels sympathy for coronavirus victims."


Outright Action International launched “OutRight TV” a new YouTube channel to share LGBTIQ people and their allies’ stories from across the globe. Check out videos from activists from Ireland, Jamaica, Spain, Guyana, Sri Lanka, Morocco, Kenya, the US, Canada, and more. 

Taipei-based video streaming platform GagaOOLala announced it will expand its services to over 190 countries this summer. GagaOOLala brings LGBT-themed media to around 370,000 users from across 21 Asian countries. With a limited free version and a $6/month version, the company is reaching out to cancelled LGBT film festivals as an avenue to showcase films. Recently postponed ShanghaiPRIDE Film Festival announced its content will be streamable on the site. 

Finally, check out the documentary "TI YAPO: Matshelo A Rona" (Where: Our Lives) created by LGBTIQ+ youth in Botswana. The film is part of a multi-year, multi-language initiative to support LGBTIQ+ youth in the country and reflect their layered and multifaceted struggles. As one young person explained:

“I told myself that, since I accept myself, if someone doesn’t accept me, it’s not my problem. If they don’t accept me it doesn’t matter because they are the ones who bore a person like me.”

More from Sports and Culture

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