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Urgent need to address intersex human rights violations, says European Parliament

February 14th, 2019

51985863_10156890862252159_7199205696015958016_oOn 14 February 2019, the European Parliament adopted its first-ever resolution dedicated to intersex human rights.

“Intersex people are exposed to multiple instances of violence and discrimination in the European Union and these human rights violations remain widely unknown to the general public and policy makers” (para. A.), says the European Parliament. It also stresses the “urgent need to address violations of human rights of intersex people and calls on the Commission and Member States to propose legislation to address these issues” (para. 1).

“EU values must be about caring for the most vulnerable people in or society. It is important that we make their voices heard and that we face up to those discrimination.” said Claude Moraes MEP, rapporteur for the resolution and member of the LGBTI Intergroup at the European Parliament. “This resolution is a major first step towards recognizing human rights violations against intersex people and acting at the EU level. It makes clear that every citizens across the EU, irrespective of their sex markers or gender, should be able to fully enjoy their rights and provides clear recommendations to do so”

The resolution takes a strong stance against the medicalisation and pathologisation of intersex people, and condemns sex normalising treatments and surgeries , performed in at least 21 Members States and only prohibited in two (Malta and Portugal).

“It is unacceptable that intersex children are subject to medical treatment and surgeries, without their expressed and informed consent. For too long, intersex people have experienced a direct violation of their fundamental rights. This is against our core values enshrined in the Treaties and in the UN Convention of the Rights of the Child” commented Anna Maria Corazza Bildt MEP, EPP shadow rapporteur for the resolution, member of the LGBTI Intergroup, co-chair of the Children’s Rights Intergroup at the European Parliament and European Parliament Coordinator and Spokesperson on Children’s Rights.

With this resolution, the European Parliament also raises attention on other difficulties faced by intersex people throughout their life, such as for example the lack of access to their medical records, the difficulty to access legal gender recognition based on self-determination.
It also calls for better support intersex civil society organisation, and asks the Commission to ensure EU funds do not support research & medical projects that contribute to violations of intersex people’s rights.

“This Resolution is an historic step forward that sends a strong political message to the next Parliament and shows to thousands of intersex children and people in Europe that they are not forgotten”- concluded Anna Maria Corazza Bildt MEP.

This is a joint press release of the LGBTI Intergroup & the Children’s Rights Intergroup at the European Parliament.

Read more:

• Our work on intersex rights

 

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European Parliament alerts to backlash against gender equality & LGBTI rights

February 13th, 2019

On 12 February, tmariage_pour_tous_recadreehe European Parliament adopted a resolution on the backlash in women’s rights and gender equality in the EU.

The resolution addresses the current “visible and organised effort at the global and at the European level against gender equality and women’s rights” (para. K), such as anti-gender movements, whose targets are among others LGBTI people’s human rights (para. M). The European Parliament points out how this backlash was especially visible in 2018 around the topic of the Istanbul Convention, whose adoption has opened doors for violent hate speech targeting LGBTI people in particular (para. Q), and expresses concerns about the rise of LGBTI-phobic hate speech (para. 8).

“Gender equality is a key value of the EU; yet it has been increasingly attacked in the past years. “ said Angelika Mlinar, member of the LGBTI Intergroup and shadow rapporteur for the resolution. “It is our role at the European Parliament to defend gender equality, women’s rights and LGBTI rights against suck attacks, and remind the EU and Members States of their duty to protect EU citizens and their rights.”

With the resolution, the European Parliament makes a series of recommendations and requests relevant to LGBTI people’s rights:

- it “urges the Commission and the Member States to remain strongly committed to and prioritize gender equality, LGBTI and women’s rights including the rights of the most vulnerable minorities” (para. 1)

- it “calls on Member States to ensure that women’s rights and LGBTI rights are protected and recognised as equality principles of democracy and rule of law” (para. 6).

- it “urges the Council to unblock the Directive on implementing the principle of equal treatment outside the labour market, irrespective of age, disability, sexual orientation or religious belief, which aims at extending protection against discrimination through a horizontal approach” (para. 34)

“ This resolutions sends a strong signal to anti-equality movements in Europe : women’s rights and LGBTI rights are human rights and will continue to be protected and defended.” commented Terry Reintke, co-chair of the LGBTI Intergroup and shadow rapporteur for the resolution. “Now we need the Commission, the Council and Member States to work together to counter this backlash against gender equality and secure the rights of all citizens – including women and LGBTI people.”

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Singapore must protect the rights of LGBTI people, says European Parliament

February 13th, 2019

LGBT_flag_map_of_Singapore.svgOn 13 February 2019, the European Parliament adopted a resolution on the Partnership and Cooperation Agreement between the European Union and Singapore.

With this Partnership and Cooperation Agreement, the EU will work to support the democratic and economic development of Singapore. It was adopted with along a Free Trade Agreement & the Investment Protection Agreement.

In its resolution, the European Parliament highlights that the “rights of the Singapore’s LGBTI community are severely restricted”, that consensual sexual relationships between two men are illegal and punished for up to two years in prison and that same-sex relationships are not recognised under law in Singapore (para. L).

“LGBTI rights are not well protected in Singapore” said David Martin, shadow rapporteur for the resolution and member of the LGBTI Intergroup. “It is the European Parliament’s role to ensure Partnership and Cooperation Agreements address all aspects of human rights, including LGBTI rights.”

The European Parliament also insists on human rights being at the center of the relations between the EU and third countries. It “calls on the Government of Singapore to fully protect the rights of the LGBTI community”. It also “insists that the Government of Singapore abolish the laws penalising sexual relationships between people of the same gender” (para. 6).

The resolution also “urges the Government of Singapore to facilitate the adoption of legislation prohibiting all forms of discrimination against women and based on sexual orientation” (para. 6).

“With this resolution, the European Parliament takes position on LGBTI rights in Singapore for the first time” commented Fabio Massimo Castaldo, shadow rapporteur for the resolution and vice-president of the LGBTI Intergroup. “We now count on the other EU institutions to ensure LGBTI rights are fully taken into account in this Partnership and Cooperation Agreement, so we can see positive changes for LGBTI rights in Singapore in the nearest future”.

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Lift the ban on LGBTI events: MEPs write to Ankara governor

February 6th, 2019

In November 201800px-20mayıs_Gay_pride_Ankara_Square_047, the Governor of Ankara imposed a ban on all LGBTI-related events. Members of the LGBTI Intergroup and the EP-Turkey Forum write to the newly appointed governor in October 2018 to remind him that it is time to revoke this ban and support freedom of expression and assembly for all citizens in Turkey.

 


 To:    Mr. Vasip Şahin, Governor of Ankara

 
Concerns: ban on LGBTI events in Ankara

Brussels, 28 January 2019

 

Honourable Governor of Ankara,

 

We would like to wish you all the best in your new position. Your appointment as governor in October 2018 is also an opportunity to address human rights violations that have taken place in Ankara for over a year.

On 19 November 2017, the Ankara Governorate banned all indoor and outdoor activities related to LGBTI rights in the city for an indefinite period, with the state of emergency as a legal basis for the decision. This ban has since led to more human rights violations, discrimination and violence against lesbian, gay, bisexual, trans and intersex (LGBTI) citizens and refugees. When freedom of expression and association are barred for LGBTI citizens, the challenges they face become invisible, and offences against them go largely unpunished.

Associations established in Ankara like Kaos GL, the first LGBTI rights association in Turkey, and Pink Life, the first transgender rights organization in Turkey, have been carrying out human rights-themed events that have not created any public order or public security issues. On the contrary, these events have no other goal but to remind the public in Turkey, and worldwide, that all citizens are equal and human rights are universal, in accordance with international human rights principles and the Turkish constitution.

The government revoked the state of emergency in Turkey on July 18, 2018. Therefore the ban on LGBTI events no longer has a legal basis. However, under the scope of a new decision taken on 3 October 2018, the Ankara Governorate has again banned any activities related to LGBTI rights in the city, on the grounds of “protection of public order” or “public sensitivities”.

We therefore urge you to reverse this discriminative ban contrary to United Nations and Council of Europe human rights standards, jurisprudence of European Court of Human Rights and Turkish national legislation.

Yours Sincerely,

 

Terry Reintke MEP

Daniele Viotti MEP

Malin Bjork MEP

Sirpa Pietikainen MEP

Tanja Fajon MEP

Soraya Post MEP

Ana Gomes MEP

Theresa Griffin MEP

David Martin MEP

Bart Staes MEP

Dimitrios Papadimoulis MEP

Julie Ward MEP

Kati Piri MEP

Monika Vana MEP

Jose Inacio Faria MEP

Brando Benifei MEP

Jean Lambert MEP

Izaskun Bilbao Barandica MEP

Ellen Verhoog MEP

Peter Niedermüller MEP

Anne-Marie Mineur MEP

Virginie Roziere MEP

Jude Kirton-Darling MEP

Josef Weidenholzer MEP

Josep-Maria Terricabras MEP

Clare Moody MEP

Martina Anderson MEP

Lynn Boylan MEP

Matt Carty MEP

Liadh Ni Riada MEP

Hilde Vautmans MEP

Rebecca Harms MEP

Jordi Solé MEP

Wajid Khan MEP

Ismail Ertug MEP

Knut Fleckenstein MEP

Miltiadis Kyrkos MEP

Ana Miranda MEP

Bodil Valero MEP

Marietje Schaake MEP

Javi López MEP

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Open letter to Tunisian government: stop torture & arrests of homosexual men

January 18th, 2019

In November 2018, the human rights NGO Human Rights Watch published multiple accounts of men who were arrested, prosecuted and detained for homosexuality. Several men report being subjected to forced anal examinations, having their phones and social media searched. One minor was also forced to undergo conversion therapy while in detention .

Homosexuality is criminalised in Tunisia under article 230 of the Penal Code, while international and Tunisian law guarantee everyone protection against torture, discrimination, arbitrary arrest and detention, as well as privacy and personal data breaches. Anal tests and conversion therapy have been repeatedly condemned by UN bodies such as OHCHR, the Committee against Torture and the UN Universal Periodic Review.

Men seeking police and judicial assistance for various reasons, including rape, sexual violence and homophobic violence, are re-victimised and charged for homosexual conduct – instead of being given guidance and support.

Members of the LGBTI Intergroup write to the Tunisian governement, asking them to address these human rights violations.

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To: Honourable Youssef Chahed, Head of the Government of Tunisia;  Honourable Mohamed Fadhel Mahfoudh, Minister for relations with constitutional instances, civil society and human rights;  Honourable Mohammed Karim Jamoussi, Minister of Justice;  Honourable Hichem Fourati, Minister of Interior

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Concerns: arrests of homosexual men

Brussels, 18 January 2019

 

 

Honourable Members of the Government of Tunisia,

 

We were appalled to learn that Tunisia has arrested, prosecuted and detained several men for homosexuality in 2017 and 2018, and subjected them to anal tests and conversion therapy.

All human beings have a right to be protected against torture, discrimination, arbitrary arrest and detention, as well as privacy and personal data breaches. This is guaranteed by several international law conventions, as well as the Tunisian Constitution and Tunisian national law. The prohibition of consensual same-sex activity in the Tunisian Penal Code goes directly against such human rights principles.

International institutions such as the UN Working Group on Arbitrary Detention have clearly stated that arrests for consensual same-sex conduct is arbitrary and should be stopped. Such position is mirrored within Tunisia, as shown by the recent proposition of the Commission on Individual Freedoms and Equality to decriminalise homosexuality and the draft legislation for a code on individual freedoms advocating for the abolition of article 230.

Anal tests and conversion therapy, which have no scientific basis and constitute cruel, degrading and inhuman treatment, have been repeatedly condemned by UN bodies such as OHCHR, the Committee against Torture and the UN Universal Periodic Review. The use of anal tests in particular is even more concerning that your government formally accepted in September 2017 the recommendation of the UN Universal Period Review to end forced anal exams.

We were also dismayed to hear that in November 2018, two men who had beaten up a young man in Monastir were freed by the first instance tribunal, while the victim was blamed for being gay. All citizens should have access to justice and redress in case of violence and discrimination, regardless of who they are. In that view we are all the more concerned that men seeking police assistance for various reasons, including rape, sexual violence and homophobic violence, are re-victimised and charged for homosexual conduct – instead of being given guidance and support.

In light of the above we urge Tunisian authorities to put a stop to prosecutions on account of homosexuality and the abhorrent anal test and conversion therapy practices. We hope to see Tunisia abolish article 230 of the Penal Code as soon as possible, and to provide equal support and redress to all victims of violence in Tunisia, regardless of who they are.

Yours Sincerely,

 

Daniele Viotti MEP, co-chair of the LGBTI Intergroup

Terry Reintke MEP, co-chair of the LGBTI Intergroup

Sirpa Pietikainen MEP, vice-president of the LGBTI Intergroup

Sophie in’t Veld MEP, vice-president of the LGBTI Intergroup

 

and members of the LGBTI Intergroup:

Jose Inacio Faria MEP

Bart Staes MEP

Jean Lambert MEP

Monika Vana MEP

Theresa Griffin MEP

David Martin MEP

Julie Ward MEP

Jude Kirton-Darling MEP

Alessia Maria Mosca MEP

Gebhardt Evelyne MEP

Judith Sargentini MEP

Soraya Post MEP

Ana Gomes MEP

Petri Sarvamaa MEP

Pina Picierno MEP

Edouard Martin MEP

Martina Anderson MEP

Lynn Boylan MEP

Matt Carty MEP

Liadh Ni Riada MEP

Brando Benifei MEP

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LGBTI rights still at risk in the EU, says EP report on fundamental rights

January 17th, 2019

On 16 January, the Eustand-out-3751930_1920ropean Parliament adopted its yearly report on Fundamental Rights in the EU, assessing the implementation of fundamental rights in the EU in 2017 according to the Charter of Fundamental Rights standards. It contains strong language on multiple aspects of LGBTI rights.

A whole paragraph of the report (36) highlights that “in 2017 LGBTI people were still victims of bullying, harassment and violence and were facing multiple discrimination and hatred in areas including education, health, housing and employment”.

It also stresses:
- that the fight against gender-based violence includes violence towards LGBTI people
- the lack of knowledge and intervention of authorities from law enforcement authorities in the EU, especially towards trans and marginalised LGBTI people, and calls on Member States to adopt policies that address LGBTIphobia at large.

Paragraph 36 of the report also includes calls on the Commission to:
- mainstream a gender identity perspective in its work on gender-based violence
- maintain its multiannual action on LGBTI rights and ensure the sustainability of the LGBTI List of Actions (2014-2019), in cooperation with civil society

“This report sends a very clear message: LGBTI rights are fundamental rights and it is EU’s duty to keep defending them. In times where we see them increasingly questioned across the EU, we need to have all EU institutions on board, including the Commission”, said Daniele Viotti, co-chair of the LGBTI Intergroup.

The report also takes a strong stance against LGBTI conversion therapy for the second time in a row, as well as a condemnation of the pathologisation of trans and intersex identities.

“LGBTI conversion therapy is unfortunately still practised in too many member states.” said Malin Bjork, vice-president of the LGBTI Intergroup. Being LGBTI is not a sickness or something that should be” fixed”. The European Parliament must keep on condemning this practice until it disappears.”

Finally, the report also points out that fast-track procedures, safe country lists and the Dublin procedure present a specific risk for LGBTI people who seek asylum in the EU (para. 11).

 

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New detentions of LGBTI people in Chechnya: Russia needs to take action

January 15th, 2019

A new wave of arrests, persecution and torture against (perceived) LGBTI people in Chechnya has started in Chechnya since December 2018. 40 people, both men and women, have been detained – and at least two were killed, according the Russian LGBT Network. However Chechnya authorities continue to deny that “gay people exist” in Chechnya, and Russia remains cautious in its public response to the situation.Demonstration_against_Chechen_LGBT_persecutions-IMG_8233

“Not only do LGBTI people exist, but they have human rights just like everyone else. We will continue to fight so LGBTI people are safe in Chechnya and everyone else in the world”, said Terry Reintke MEP, co-chair of the LGBTI Intergroup.

The European Parliament spoke up against the situation since the first arrests in 2017, and repeatedly called on Russia to pursue genuine investigations, with two resolutions in May 2017 and February 2018 and an oral question to the European Commission in October 2018.

Other international institutions, such as the Parliamentary Assembly of the Council of Europe, the OSCE, and the European Commission HR/VP Federica Mogherini, have denounced these blatant human rights violations. In December 2018, an OSCE report, published after 16 countries triggered the Moscow Mechanism, called on Russia and Chechnya to end impunity for arrests, detention and mistreatment of perceived LGBTI people and take action – including a full investigation into the matter.

“We cannot wait until more people are detained, tortured and killed. It is about time Russia listens to the multiple recommendations and requests from the international community, starts an investigation and puts an end to these human rights violations.” said Sophie in’t Veld MEP, vice-president of the LGBTI Intergroup.

“We also expect the European Commission and the HR/VP to follow-up closely on their commitment to address the situation, in accordance with the LGBTI guidelines”.

 

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MEPs write to Polish Minister of Education about Rainbow Friday

November 13th, 2018

poster-3-DEF_www_ex2On 26 October 2018, Rainbow Friday, a day dedicated to raising awareness about LGBTI rights in schools in Poland, took place for the 3rd consecutive year. Schools who were organising events on this day across the country were subjectf the LGBTI Intergroup write to Polish Minister of Education Anna Zalewska to express their concern about the situation.

 

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TO: Honourable Anna Zalewska

Minister of National Education of Poland

 

Concerns: pressures on Rainbow Friday

Brussels, 5 November 2018

 

Honourable Minister of National Education,

We are concerned that a number of schools in Poland have faced pressure to cancel Rainbow Friday, an initiative meant to promote tolerance and help create a more inclusive school environment for LGBTI students.

Various reports in the press and from civil society reached us last week concerning unannounced inspections in schools, initiated by the Ministry of National Education, to check if they were involved in the Rainbow Friday initiative. This is corroborated on the official Twitter account of your Ministry, which refers to Rainbow Friday as possible political agitation and confirms more investigation is ongoing to determine if Rainbow Friday breaches education law.

School is the main place where LGBTI children and youth face discrimination. In the Fundamental Rights Agency’s LGBT survey, 91% of respondents from Poland had heard or seen negative comments or conduct because a schoolmate was perceived to be LGBT. Bullying and violence towards LGBTI students is frequent, and prevents them making the most out of their education. Initiatives such as Rainbow Friday are key to create safer and more inclusion environments for all students, including those who are LGBTI.

Pressures on school staff to cancel initiatives such as Rainbow Friday are an attack to freedom of expression, freedom of assembly and the human rights of LGBTI people, which are protected by EU law. We are all the more surprised as Rainbow Friday has been going on successfully for three years before, and it the first time the Polish government is raising concerns on its legality.

We therefore would like to enquire how your Ministry will ensure initiatives that promote awareness and respect for universal human rights, such as Rainbow Friday, can continue to take place in Poland, and what your government does to create a safer school environment that safeguards the rights of all students, including those who identify as LGBTI.

 

Yours Sincerely,

 

Terry Reintke MEP, co-president of the LGBTI Intergroup

Daniele Viotti MEP, co-president of the LGBTI Intergroup

Sophie in’t Veld MEP, vice-president of the LGBTI Intergroup

Fabio Massimo Castaldo MEP, vice-president of the LGBTI Intergroup

Malin Bjork MEP, vice-president of the LGBTI Intergroup

Izaskun Bilbao Barandica MEP

María Dolores Lola Sánchez Caldentey MEP

Julie Ward MEP

Monika Vana MEP

Bart Staes MEP

Jean Lambert MEP

Hilde Vautmans MEP

Isabella Adinolfi MEP

Jean Lambert MEP

Merja Kyllönen MEP

Martina Anderson MEP

Lynn Boylan MEP

Matt Carthy MEP

Liadh Ni Riada MEP

Jill Evans MEP

 

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MEPs and NGOs join open mic on anniversary of the Horizontal Directive

September 6th, 2018

On 5 September 2018, MEPs, NGOs and citizens joined together for an open mic in ‘celebration’ of the 10th year Anniversary of the Horizotal Directive. Organised jointly by the LGBTI Intergroup, the ARDI Intergroup, the Youth Intergroup and the Children Rights’ Intergroup, the event took place right on the Esplanade Solidarnosc, in front of the European Parliament in Brussels.

Open mic

Daniele Viotti MEP, co-chair of the LGBTI Intergroup, welcomed participants and officially opened the open mic : “2018 is the time to take stock on the Horizontal Directive. Many MEPs worked hard on this directive. Many NGOs as well.

We are here to reflect on what can be done here and now about protection against discrimination in the EU.”

“A life with equal rights and without fear of discrimination should already be reality in the EU” also said in a video message Terry Reintke MEP, co-chair of the LGBTI Intergroup.

Presented by the European Commission in 2008, the Horizontal Directive was meant to provide protection against discrimination across the EU, in all areas of life, and irrespective of age, disability, sexual orientation or religious belief. However, in 2018, the Directive is still blocked in the Council.

Helga Stevens Helga Stevens MEP, co-President of the Disability Intergroup, expressed her hope to see the European Council moving forward with the Horizontal Directive, while Julie Ward MEP, member of the four Intergroups organising the event, talked about the importance of working across political groups to foster equality in the EU – something that Intergroups do within the European Parliament.

Brando Benifei MEP, co-chair of the Youth Intergroup, vice-President of the Disability Intergroup and member of the LGBTI and Children’s Rights Intergroups, also emphasised the need to work together: “The European Union needs to be an example in fighting discrimination at all levels, in all cases, in all situations. We can do this if governments and Parliaments unite together to find solutions”, said

Jean Lambert MEP, co-chair of the ARDI Intergroup and member of other human rights Intergroups, reminded the audience that the already existing racial equality directive and the employment equality directive were groundbreaking legislation at the time, but only effective when fully implemented.

“This is about changing culture. So people feel free to be who they are, and their lives won’t blighted because of somebody else’s discrimination”.

This was corroborated by cultural organisations, also present at the open mic. A member of Fearless Cities spoke about the role of inclusive cities, while Eric Cyuzuzo from Guerrilla Resistance addressed the need for a decolonised education in order to promote diversity and fight discrimination.

NGOs working across the human rights spectrum were present as well, including the European Disability Forum, ILGA-Europe, Equinet, ENAR, Victim Support Europe and the International Federation for Spina Bifida and Hydrocephalus. All emphasised the dire need for EU anti-discrimination legislation for their own field of expertise and across the board.

« We need to make an anti-discrimination movement in Europe. We need to join forces. European legislation on non-discrimination will not be given to us. It will be won, and only if we put together a movement », as said by Yannis Vardakastanis, President of the European Disability Forum.

Horizontal Directive Open Mic poster

 

Read more

  • Our work on the Horizontal Directive
  • The anti-discrimination directive on the Legislative Train Schedule

 

 

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MEP gets HIV test, calls for focus on key populations, including MSM and trans people

November 22nd, 2017

This morning, Co-President of the LGBTI Intergroup Daniele Viotti MEP got an HIV test in the framework of the European HIV/hepatitis testing week.

HIV Test Daniele Viotti MEPThe week has officially been endorsed by the European Commission and the European Parliament intergroup on LGBTI Rights.

Daniele Viotti MEP reacted: “HIV/AIDS is still a major public health concern, even though we have the science and the experience to end it as a threat. This is why I am calling for strong and sustained political engagement of the Commission to support evidence-based interventions at national level in order to get people diagnosed and linked to care early, and to access relevant prevention tools to reduce new infections.”

“Particularly, we need to increase HIV testing amongst the groups most affected by the epidemic, including homo- & bisexual men, other men who have sex with men (MSM), transgender people and other groups.”

Pierre Mayeur, President of Ex Aequo, the Belgium based gay organisation offering the free test in the Parliament, commented: “HIV testing should be key in the public response to the HIV/AIDS epidemic. The sooner a person knows their status, the sooner they will be treated and they will be less at risk of transmitting the virus since an HIV positive person following a treatment can no longer transmit the virus. Many local LGBTI organisations across Europe offer such services.”

“Talking to a general practitioner about sexual health remains difficult these days for most MSM. LGBTI NGOs are often the closest and most natural partner to talk to and people know they will not be judged nor frowned upon.”

Read more

  • The website of the European HIV/Hepatitis testing week
  • The website of Ex Aequo

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