2014 may well go down in history as a
watershed moment for the human and health rights of gay and lesbian people in
Kenya and across the globe. In July 2014, the World Health Organization released
consolidated guidelines on HIV prevention, diagnosis, treatment and care for
key populations, which among other things identifies punitive legislative
frameworks such as criminalization of gay people, (and HIV transmission), coupled with lack of
protective laws as significant barriers to access to
health. The guidelines point out that decriminalization and protecting
basic human rights as important critical enablers for health. The guidelines are available here
Just this month, the Pope gathered some 200
Bishops and other Catholic leaders to discuss hot baton issues facing the
family. These include divorce and remarriage but it is issues related to gay
relationships that have created much furore. This is despite the fact that of 58 paragraphs
in the document, these are in only three paragraphs:
50.
Homosexuals have gifts and qualities to offer to the Christian community: are
we capable of welcoming these
people, guaranteeing to them a fraternal space in our communities? Often they
wish to encounter a Church that offers them a welcoming home. Are our
communities capable of providing that, accepting and valuing their sexual
orientation, without compromising Catholic doctrine
on the family and matrimony?
51.
The question of homosexuality leads to a serious reflection on how to elaborate
realistic paths of affective growth and human and evangelical maturity
integrating the sexual dimension: it appears therefore as an important
educative challenge. The Church furthermore affirms that unions between people
of the same sex cannot be considered on the same footing as matrimony between
man and woman. Nor is it acceptable that pressure be brought to bear on pastors
or that international bodies make financial aid dependent on the introduction
of regulations inspired by gender ideology.
52.
Without denying the moral problems connected to homosexual unions it has to be
noted that there are cases in which mutual aid to the point of sacrifice
constitutes a precious support in the life of the partners. Furthermore, the
Church pays special attention to the children who live with couples of the same
sex, emphasizing that the needs and rights of the little ones must always be
given priority.
Paragraph 50 has since been revised to:
50.
Homosexuals have gifts and qualities to offer
to the Christian community. Are we capable of providing for these people, guaranteeing [...] them [...] a
place of fellowship in our communities? Oftentimes, they want to encounter a
Church which offers them a welcoming home. Are our communities capable of this,
accepting and valuing their sexual orientation, without compromising Catholic
doctrine on the family and matrimony?
Some within the Church felt uncomfortable
with the term “Welcoming” while others wanted the issue of religious freedom
further captured in no. 52, hence the line “Nor is it acceptable that the
pastor’s outlook be pressured…”was added. The full version of the report is available here.
Public
Health
But why is this important for public health? Because
the Church (both Catholic and Non Catholic) have been a major barrier to
removal of structural dis-enablers to the health of what are referred to as Key
Populations. Criminalization has been taken by some Catholic clergy, such as Cardinal
Njue, who is reported to have said of those asking for decriminalization to “forget, forget and forget”; as important in protecting the African society from gays – the cost to
public health not withstanding.
One hopes then that in the new spirit of “providing for these people…” we
can indeed remove the legal barriers to access with speed, so that we focus on
other longer term barriers like stigma and discrimination, with the Church
being an important supporter of this process.
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