LEGAL AND POLICY CONSIDERATIONS IN REACHING YOUNG KEY POPULATIONSFIFA RAHMAN LLB MHL (HEALTH LAW)POLICY MANAGER, MALAYSIAN AIDS COUNCILINTERNATIONAL AIDS CONFERENCE, MELBOURNE21-25 JULY 2014

“We are children whose voices are not being heard; it is time we are taken into account. We want a world fit for children, because a world fit for us is a world fit for everyone.”

UNGASS 2002 on Children

In resource-limited settings, ‘we have to start at childhood stage and focus a lot on adolescents, because gender roles and identities are constructed and reinforced from early age on.’

Martine de Schutter, 1998

CONVENTION ON THE RIGHTS OF THE CHILDArticle 2 – Non-Discrimination Article 3 – Best Interests of the ChildArticle 5 – Capacity to make decisions regarding their own health Article 24 – the right of the child to the enjoyment of the highest attainable standard of health and to facilities for treatment of illness and rehabilitation of health Article 34 - protection from all forms of exploitation and abuseArticle 37 - protective and judicial interventions be used only as a last resort

ILO Convention No. 182, governments have a legal obligation to protect those under 18 years of age who sell sex International Labour Organization. Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (C182), 1999 (http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312327, accessed 16 June 2014).

• Criminalisation of drug use, sex work, cross-dressing and same-sex behaviour

• Detention in ‘moral rehabilitation’ for young people who sell sex, transgender young people & young MSM

• mandatory reporting laws – adults – police/social services. Impact on health access

• Parental consent to access services

• No recourse with police.

LEGAL, POLICY & STRUCTURAL BARRIERS

“Mereka sangat kasar. Salah seorang daripada mereka memicit buah dada saya. Saya berasa sangat malu.… Mereka melucutkan pakaian saya sepenuhnya. Salah seorang daripada mereka mengambil baton polis dan mencucuk kemaluan saya. Semua orang melihat saya dalam keadaan sebegitu – lelaki-lelaki itu [pegawai-pegawai jabatan agama] selain juga wanita. Mereka mengambil gambar bogel saya.”“They were so rough. One of them pressed my breasts. I was humiliated… They stripped me completely naked. One of them took a police baton and poked my genitals. All of them saw me in that condition – the religious department officers and also women. They took naked photos of me.”

Human Rights Watch (2014)http://www.hrw.org/sites/default/files/related_material/Malaysia%20Mahkamah%20akan%20memutuskan%20Hak%20Golongan%20Transgender.pdf

THE WAY FORWARD• non-custodial alternatives to the incarceration

of young people who engage in same-sex activity, use drugs or sell sex

• Examine current consent policies to consider removing age-related barriers and parent/guardian consent requirements – mature minors

• Set in stone advocacy plans to overcome political conditions that are not conducive to youth participation – HIV National Strategic Plans

• Decriminalisation of drug use, same sex behaviour, and sex work

• Involve young KAPs meaningfully in the planning, design, implementation and evaluation of services.

EASY TO SAY, BUT… • Building close relationships with key high-

level police/politician contacts. (Study Tours)

• Get media attention for baby steps made • Frame advocacy arguments around how it

would benefit key stakeholders – what do they like?

• Religious authorities – cross dressing. Find a religious academic/expert to be on your side. Frame in terms of concern of HIV/public image of religious authorities.

• Standardised human rights violations reporting forms, increasing trust with CBOs

CONTACT DETAILS

Fifa RahmanTwitter: @fifarahman

Email: fifarahman@outlook.com