Independent Articles
Global Legal Environment for LGBTQ+ Sexuality and Public Health
Matthew M. Kavanagh1,2 , Varsha Srivatsan2, Florence Riako Anam3, Ludo Bok4, Luis Gil Abinader2, Agrata Sharma2
,
Catherine Grant4, Yu Wei Chen2 and Sharonann Lynch2
1Georgetown University, Washington, DC USA; 2Center for Global Health Policy & Politics, O’Neill Institute for National and Global Health Law, Washington, DC USA;
3Global Network of People Living With HIV, Nairobi, Kenya and 4United Nations Development Programme, New York, USA
Abstract
In 2023 the Supreme Court of Mauritius cited human rights and public health arguments to strike down a colonial-era law criminalizing
consensual same-sex sex. The parliament of Singapore recently did the same through legislative means. Are these aberrations or a shifting global
consensus? This article documents a remarkable shift international legal shift regarding LGBTQ+ sexuality. Analysis of laws from 194 countries
across multiple years demonstrates a clear, ongoing trend toward decriminalization globally. Where most countries criminalized same-sex
sexuality in the 1980s, now two-thirds of countries do not criminalize under law. Additionally, 28 criminalizing countries in 2024 demonstrate a
de facto policy of non-enforcement, a milestone towards legal change that all of the countries that have fully decriminalized since 2017 have
taken. This has important public health effects, with health law lessons for an era of multiple pandemics. But amidst this trend, the reverse is
occurring in some countries, with a counter-trend toward deeper, harsher criminalization of LGBTQ+ sexuality. Case studies of Angola,
Singapore, India, Botswana, Mauritius, Cook Islands, Gabon, and Antigua and Barbuda show many politically- and legally-viable pathways to
decriminalization and highlight actors in the executive, legislative, and judicial arenas of government and civil society engaged in legal change.
Keywords: LGBT health; human rights; discrimination; …
Now open access on FirstView: "Global Legal Environment for LGBTQ+ Sexuality and Public Health" by @matthewkavanagh.bsky.social, @abinader.bsky.social, @sharonannlynch.bsky.social and team. The article analyzes politically and legally viable pathways to decriminalization. #LGBTHealth #HIV #LGBTQIA