Progress and the Peril: HIV and Global De/criminalization of Same-Sex Sex

As of this year, two-thirds of the countries do not criminalize consensual same-sex sex – a clear reversal of trends from the start of the AIDS pandemic. The 2023 report on HIV and global trends in same-sex sex de/criminalization, produced in collaboration with UNDP and GNP+, shows more countries decriminalized same-sex sexuality in 2022 than in any of the past 25. While there is a strong global trend toward decriminalization, some countries are imposing harsher penalties on same-sex sexuality and deepening criminalization measures, making this an important moment for engagement where policy is out of step with global trends.

The report shows that in regions where laws and policies do not impose criminal penalties, there has been greater advancement in the fight against AIDS. Furthermore, the report sheds light on the criminalization of transgender people, presents the public health and economic benefits of decriminalization, and discusses protective legislation against discrimination implemented by governments to safeguard LGBT populations. In a set of case studies from countries around the world, the report highlights the different political and legal pathways to decriminalization using the experience of places that have recently decriminalized same-sex sexuality.

Read the report.