Jacqueline Wiltshire Gay Nicole Drakes

Transcription

1 Jacqueline Wiltshire Gay Nicole Drakes 1

2 Background Methodology Key Findings Human Rights Implications Conclusion 2

3 Limited local research on the experiences of those who are frequently targets of S&D Research conducted on the S&D experienced by lesbians, gays, transgender persons and sex workers, between October 2014 and March Research represented an attempt to: Fill a gap in the national literature and Serve as a supplement to the 2014 National Stigma and Discrimination Survey conducted among adults ages in Barbados 3

4 Target population: LGBT and sex workers Sample size: 200 Sampling methodology: Purposive sampling Data collection: Face to face interviews 4

5 Brief questionnaire 16 closed-ended questions Areas covered: Demographics, Exposure to or experience of discrimination Info on type of discrimination: Location Timeframe Perpetrator; and Action taken 5

6 Key terms Discrimination unfair treatment of an individual based on the pinions or views of another person. Intersex general term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy that does not seem to fit typical definitions of female and male (Source: Intersex Society of North America). 6

7 Key terms Neglect the intentional or unintentional failure to meet an individual s basic needs or to provide the necessary support whether emotional, physical or financial. Abandonment the deliberate withdrawal of support whether financial, physical or emotional especially in situations where the person providing the support has a responsibility to do so. Threaten a stated intention to harm or hurt an individual 7

8 To examine the stigma and discrimination experienced by gay men and the related human rights implications 8

9 Socio-Demographic Profile Age Largest cohort: (22.1%); (21.6%) Nationality Barbadian (80.2%) vs. Other Caribbean (18.7%) Sex/Gender Males 47.2%; Females 44.0%; Trans M-T-F 7.3%; Trans F-T-M 1.6% Sexual Orientation Gay 39.7%; Lesbian 17.0%; Bisexual 14.4%; Straight 28.9% Occupational status Employed 33.3%; Self-employed 13.8%; Sex worker 14.5%; Other 14.5% 9

10 92.4% of gay men experienced discrimination General reason for discrimination experienced by gay men Sexual orientation 70.7% Perceived sexual orientation 25.3% Specific reason for discrimination experienced by gay men Sexual orientation 61.3% Main sources of discrimination Someone in the neighbourhood 46.7% Bystander/passerby 42.7% Family member 37.3% 10

11 Of those gay men who experienced discrimination, indicated that When the discrimination took place Last month 20.0% Last year 20.0% Where did the discrimination took place On the road 63.8% At home 39.1% At work 33.3% 11

12 Of those gay men who experienced discrimination, stated that: Type of discrimination Verbal abuse 82.7% Threatened 26.7% Neglected 26.7% Denial of access to services (public & private) Private health care 12.5% Police assistance 75.0% Housing 12.5% Customer service 12.5% 12

13 Of those gay men who were discriminated against: Took no action 60.0% Took action 36.0% 13

14 Of those gay men who were discriminated against: Actual action taken to address discrimination Responded verbally 55.6% Tell a friend 29.6% Reported it to police 18.5% Reason for not taking action Couldn t be bothered 45.5% Didn t feel it would go anywhere 22.7% Didn t know I could do anything 20.5% 14

15 92.4% of gay men experienced discrimination. Sexual orientation identified as main reason for discrimination: general reason (70.7%) and specific reason (61.3%). Someone in their neighbourhood (46.7%) and bystander/passer-by (42.7%) identified as the persons who discriminated against MSM. Most gay men (63.8%) reported being discriminated against while on the road. Verbal abuse was the main type of discrimination experienced by 82.7% of MSM. 15

16 Re denial of access to services, most MSM (75.0%) reported being denied police assistance. More persons who did nothing about the discrimination experienced (60.0%) than those who did (36.0%). The primary reasons given for inaction: couldn t be bothered (45.5%); didn t feel it would go anywhere (22.7%); and didn t know I could do anything (20.5%). Main actions taken to address discrimination were verbal responses (55.6%) and telling a friend (29.6%). 16

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18 Determine the existence of anti-discrimination policies, the extent to which these have been implemented and provide a measure of protection for key populations. Support the anti-discrimination legislation initiative of the Ministry of Labour through the provision of supporting mechanisms and structures which will augment its implementation once enacted. Develop and implement Know Your Rights campaigns or programmes for MSM and Right to Respect campaigns for the general population which could be executed by the NHAC and its partners in government or civil society. Create and provide safe spaces for MSM & key populations 18

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20 The UNAIDS publication, The Status of HIV in the Caribbean states: Leadership is needed to Remove punitive laws and diminish stigma and discrimination. Laws that perpetuate stigma and discrimination and fuel the spread of HIV are not in the national interest. 20

21 Legal & Policy Perspectives on HIV & Human Rights in the Caribbean (Sir George Alleyne & Professor Rose Marie Belle Antoine 2013) revealed that: HIV attracts a variety of HR abuses Means of address controversial Constitutions, courts, legislation? Need for more rights-sensitive policies and laws (Book launched in T&T) 21

22 Link exists but violations difficult to address re LBGT generally In spite of Constitutional guarantees: Freedom of Expression Protection under the law Highest HIV prevalence among MSM Driven by social stigma based on Social disapproval Fear of HIV association with MSM HIV prevention programmes/services reach less than 10% MSM Existing structural barriers (incl. criminalisation) 22

23 Noted existing criminalisation of homosexual activity Nothing prohibiting discrimination based on real or perceived sexual orientation or gender identity. Underreporting of HR violations Not aware of rights Believe they cannot even rely on police (citing anti gay remarks from a policeman during a bus crawl and stones hurled at kadooment flag bearer. 23

24 Article 2(1) & 26 prescribe nondiscrimination standards for States. Under Article 2(1) the State undertakes to respect and ensure to all individuals within its jurisdiction the rights recognised by the Covenant, without distinction of any kind 24

25 Article 26 all persons are equal before the law and are entitled without any discrimination to equal protection of the law. 25

26 Toonen v Australia No 488/1992, UN Doc CCPR (Landmark case- Does the state have the right to intervene in the bedroom business of consenting adults?) 26

27 Reluctance to self-identify as MSM Unwillingness and inability to seek & access programmes/services Impedes HIV education Scarce allocation of state resources towards MSM issues Failure of NGOs (including FBOs) to reach out to the MSM community Unequal treatment of MSM in HIV strategies Cover females and the impact on these women 27

28 Recognition of Human Rights of all persons in law and in practice Examines the structural drivers of HIV to address them effectively Seeks to create a supportive environment for all Key pops. Including MSM Addresses discrimination based on sexual orientation & gender expression (Anti- Discrimination Bill which should be supported) Encourages MSM input in intervention design 28

29 Recommends expansion of peer outreach Sensitisation of policy makers, law makers and law enforcers Scale up Know you rights campaigns and education Foster a greater respect for each other Prosecution of perpetrators of physical and verbal abuse Building of relationships with MSM groups Strengthen HR advocacy 29

30 All people have an equal right to live free from violence, persecution, discrimination and stigma. UNAIDS September 2015 Human rights are universal cultural, religious and moral practices and beliefs and social attitudes cannot be invoked to justify human rights violations against any group, including LGBTI persons. UNAIDS September

31 Thank you. 31