Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons.
Sexual minority rights in contemporary Africa is a contentious issue, where in some countries, same-sexuality is portrayed by media and politicians as “un-African” and a “white disease” imported from the West. Samesex sexual activity is criminalised in 31 African countries. Political, legal and reli...
Published in: | Forensic Science International: Mind and Law |
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2022
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Online Access: | http://researchonline.ljmu.ac.uk/id/eprint/17380/ https://researchonline.ljmu.ac.uk/id/eprint/17380/10/Moving%20beyond%20the%20politization%20of%20same%20sex%20sexuality%20and%20leveraging%20right%20to%20health.pdf https://doi.org/10.1016/j.fsiml.2022.100103 |
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ftliverpooljmu:oai:researchonline.ljmu.ac.uk:17380 2023-05-15T13:48:52+02:00 Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. Van Hout, MC Kaima, R Mhango, V Mariniello, T 2022-09-13 text http://researchonline.ljmu.ac.uk/id/eprint/17380/ https://researchonline.ljmu.ac.uk/id/eprint/17380/10/Moving%20beyond%20the%20politization%20of%20same%20sex%20sexuality%20and%20leveraging%20right%20to%20health.pdf https://doi.org/10.1016/j.fsiml.2022.100103 en eng Elsevier https://researchonline.ljmu.ac.uk/id/eprint/17380/10/Moving%20beyond%20the%20politization%20of%20same%20sex%20sexuality%20and%20leveraging%20right%20to%20health.pdf Van Hout, MC, Kaima, R, Mhango, V and Mariniello, T (2022) Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. Forensic Science International: Mind and Law, 3. ISSN 0379-0738 doi:10.1016/j.fsiml.2022.100103 cc_by CC-BY HV Social pathology. Social and public welfare. Criminology K Law (General) RA0421 Public health. Hygiene. Preventive Medicine KL Asia and Eurasia Africa Pacific Area and Antarctica HV8301 Penology. Prisons. Corrections Article PeerReviewed 2022 ftliverpooljmu https://doi.org/10.1016/j.fsiml.2022.100103 2022-09-22T22:26:42Z Sexual minority rights in contemporary Africa is a contentious issue, where in some countries, same-sexuality is portrayed by media and politicians as “un-African” and a “white disease” imported from the West. Samesex sexual activity is criminalised in 31 African countries. Political, legal and religious frameworks exacerbate homophobic attitudes, and related discrimination and hate crimes toward individuals who identify as lesbian, gay, bisexual or transgender (LGBT). We focus here on the rights of people in prison to protection from harm (same-sex sexual violence and sexually transmitted diseases), and who (in many African countries) are ignored in national HIV prevention programming. Prison conditions in Africa are harsh and congested, with inadequate basic needs provisions and this fuels exposure of the vulnerable to sexual violence and engagement in survival sex. HIV rates in prisons are also disproportionately higher than in the community. We present a socio-legal assessment on Malawi where same-sex sexual behaviours are criminalised. The assessment highlights how inmates’ exposure to sexual violence is invisible in political, legal, human rights and public health/HIV agendas in Malawi. Notwithstanding that the Malawi Penal Code and Prison Act prohibits same-sex sexual activity, there are enormous complications with victim disclosure, as claims of rape infer that sodomy has occurred, resulting in victim arrest. We focus here on tackling sexual violence and HIV, and advocate for broad based torture prevention initiatives in prisons to protect the vulnerable from inter-personal sexual violence, and consequent acquisition and onward transmission of HIV. The voices of people in prison in Malawi are regrettably still kept out of societal and public health discourses. Article in Journal/Newspaper Antarc* Antarctica Liverpool John Moores University: LJMU Research Online Pacific Penal ENVELOPE(100.667,100.667,-66.033,-66.033) Forensic Science International: Mind and Law 3 100103 |
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Open Polar |
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Liverpool John Moores University: LJMU Research Online |
op_collection_id |
ftliverpooljmu |
language |
English |
topic |
HV Social pathology. Social and public welfare. Criminology K Law (General) RA0421 Public health. Hygiene. Preventive Medicine KL Asia and Eurasia Africa Pacific Area and Antarctica HV8301 Penology. Prisons. Corrections |
spellingShingle |
HV Social pathology. Social and public welfare. Criminology K Law (General) RA0421 Public health. Hygiene. Preventive Medicine KL Asia and Eurasia Africa Pacific Area and Antarctica HV8301 Penology. Prisons. Corrections Van Hout, MC Kaima, R Mhango, V Mariniello, T Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. |
topic_facet |
HV Social pathology. Social and public welfare. Criminology K Law (General) RA0421 Public health. Hygiene. Preventive Medicine KL Asia and Eurasia Africa Pacific Area and Antarctica HV8301 Penology. Prisons. Corrections |
description |
Sexual minority rights in contemporary Africa is a contentious issue, where in some countries, same-sexuality is portrayed by media and politicians as “un-African” and a “white disease” imported from the West. Samesex sexual activity is criminalised in 31 African countries. Political, legal and religious frameworks exacerbate homophobic attitudes, and related discrimination and hate crimes toward individuals who identify as lesbian, gay, bisexual or transgender (LGBT). We focus here on the rights of people in prison to protection from harm (same-sex sexual violence and sexually transmitted diseases), and who (in many African countries) are ignored in national HIV prevention programming. Prison conditions in Africa are harsh and congested, with inadequate basic needs provisions and this fuels exposure of the vulnerable to sexual violence and engagement in survival sex. HIV rates in prisons are also disproportionately higher than in the community. We present a socio-legal assessment on Malawi where same-sex sexual behaviours are criminalised. The assessment highlights how inmates’ exposure to sexual violence is invisible in political, legal, human rights and public health/HIV agendas in Malawi. Notwithstanding that the Malawi Penal Code and Prison Act prohibits same-sex sexual activity, there are enormous complications with victim disclosure, as claims of rape infer that sodomy has occurred, resulting in victim arrest. We focus here on tackling sexual violence and HIV, and advocate for broad based torture prevention initiatives in prisons to protect the vulnerable from inter-personal sexual violence, and consequent acquisition and onward transmission of HIV. The voices of people in prison in Malawi are regrettably still kept out of societal and public health discourses. |
format |
Article in Journal/Newspaper |
author |
Van Hout, MC Kaima, R Mhango, V Mariniello, T |
author_facet |
Van Hout, MC Kaima, R Mhango, V Mariniello, T |
author_sort |
Van Hout, MC |
title |
Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. |
title_short |
Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. |
title_full |
Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. |
title_fullStr |
Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. |
title_full_unstemmed |
Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. |
title_sort |
moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and hiv in malawi’s prisons. |
publisher |
Elsevier |
publishDate |
2022 |
url |
http://researchonline.ljmu.ac.uk/id/eprint/17380/ https://researchonline.ljmu.ac.uk/id/eprint/17380/10/Moving%20beyond%20the%20politization%20of%20same%20sex%20sexuality%20and%20leveraging%20right%20to%20health.pdf https://doi.org/10.1016/j.fsiml.2022.100103 |
long_lat |
ENVELOPE(100.667,100.667,-66.033,-66.033) |
geographic |
Pacific Penal |
geographic_facet |
Pacific Penal |
genre |
Antarc* Antarctica |
genre_facet |
Antarc* Antarctica |
op_relation |
https://researchonline.ljmu.ac.uk/id/eprint/17380/10/Moving%20beyond%20the%20politization%20of%20same%20sex%20sexuality%20and%20leveraging%20right%20to%20health.pdf Van Hout, MC, Kaima, R, Mhango, V and Mariniello, T (2022) Moving beyond the politization of same sex sexuality and leveraging right to health to counter inter-personal sexual violence and HIV in Malawi’s prisons. Forensic Science International: Mind and Law, 3. ISSN 0379-0738 doi:10.1016/j.fsiml.2022.100103 |
op_rights |
cc_by |
op_rightsnorm |
CC-BY |
op_doi |
https://doi.org/10.1016/j.fsiml.2022.100103 |
container_title |
Forensic Science International: Mind and Law |
container_volume |
3 |
container_start_page |
100103 |
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