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Legal Reference Brief Nepal Protective Laws related to HIV, Men who have Sex with Men and Transgender People
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The Reference Brief reports on the results of research on key protective laws focused on HIV, men who have sex with men (MSM) and transgender people. This Reference Brief is not intended to be a complete analysis of the country’s legal and policy framework or social environment. The objective of this Reference Brief is to provide an entry point for discussion on protective laws in Nepal. Since the first case of HIV was reported in 1988, Nepal has evolved from a low prevalence country to a concentrated epidemic.2 By the end of 2009, an estimated 64,000 adults and children (up from 60,000 in 2001)3 were living with HIV, of which 20,000 were women aged 15 years and above.4 In addition, there were an estimated 4,300 people newly infected with HIV and 4,700 deaths related to AIDS in 2009, up from 4,000 deaths in 2001.5 As of 2009, an estimated 29.4% of all HIV infections occurred in labour migrants, followed by 6.2% in men who have sex with men (MSM), 5% in clients of female sex workers (FSWs), 4.2% in injecting drug users (IDUs), and 1.0% in FSWs themselves (aged 15 years and above). In addition, low-risk male and female populations accounted for 26.2% and 28% of HIV infections, respectively.6 The risk factors contributing to the rise in HIV epidemic include sex work and sharing of unclean needles by injecting drug users in the highways and major towns as well as migration of people to India and other countries due to poverty and lack of livelihood opportunities, in selected hill districts. Stigma and discrimination against people living with HIV, which discourages access to available HIV-related services, has also contributed to the HIV epidemic. The key outcomes of the Roundtable Dialogue were the identification of law and policy issues that act as barriers to effective HIV responses and the development of recommendations linked to these issues. One of such recommendations was the strengthening of the enabling legal environment for the PLHIV and high-risk population that (i) protects them from stigma and discrimination; (ii) enables them to access critical services; and (iii) ensures accessible and affordable recourse to the law. This
Legal Reference Brief is the Nepal chapter to the study. It is proposed that this document will serve as reference resource for future legislative drafting, law reform initiatives and advocacy initiatives with respect to PLHIV and people with diverse sexual SOGI in Nepal.
Type / Script:
Bulletin or Poster in English
Thematic Group:
 UNDP : Social and Institutional Developoment
01.07.00  -  General And National Law
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