PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC)
in Aotearoa New Zealand - A report with recommendations
in older adults feeling forced to conceal their
SOGIESC.203 This is not surprising given this
generation’s lived history included many years of
their identities being criminalised and stigmatised.
Historical experiences of rejection from family
may result in a feeling of vulnerability as they
become dependent on others to assist in meeting
their needs. Those who spoke to the Commission
recommended that barriers could be reduced
through education and acceptance of SOGIESCdiversity in aged care facilities.
HIV
While new HIV infections have shown a promising
decrease for the past two consecutive years,
HIV remains an issue of concern for SOGIESCdiverse communities.204 People living with HIV
are protected from discrimination under the
Human Rights Act.205 There are an estimated 4,000
people living with HIV in Aotearoa, with the most
at-risk group of acquiring the virus being men
who have unprotected sex with men (MSM).206
For decades, the prevention of HIV infection has
centred around sex education and the promotion
of condom use.207 Pre-exposure prophylaxis
(PrEP) is a modern HIV prevention strategy which
complements other safe sex practices to prevent
infection. PrEP is a daily oral pill taken by HIV-
negative people to prevent transmission of the
virus. New Zealand was one of the first countries
in the world to fund this medication,208 which
reduces the risk of HIV infection by 99% when
taken as recommended.209
HIV was classified as a notifiable disease in 2017,
meaning that those living with the virus can
access treatment for the disease even if they are
otherwise ineligible to receive publicly funded
health services.210 Starting medication on the
day of the diagnosis, rather than delaying it,
leads to the best health outcomes.211 Through
technological advancements and increasing
availability of medication, the life expectancy
of a person living with HIV is now the same as
a person without the virus, provided they are
on treatment212 and have an undetectable viral
load.213 An undetectable viral load means there is
no risk of transmitting HIV to another person.
Mental Health
A significant body of evidence shows poorer rates
of mental health and a higher risk of experiencing
distress, addiction, and suicide for people with a
diverse sexual orientation, gender identity and
expression, and sex characteristics.214 The Suicide
Mortality Review Committee individually reviewed
Michael Stevens Rainbow health: The public health needs of LGBTTI communities in Aotearoa New Zealand with policy recommendations
(Affinity Services, Auckland, 2013).
204
Of the 178 people newly diagnosed with HIV in 2018, 111 or 62.4% were men who had sex with men. The remaining diagnoses
were made up of 45 men and 22 women, three of whom were transgender. See AIDS Epidemiology Group AIDS – New Zealand
(University of Otago, Otago, May 2019); and New Zealand AIDS Foundation “Continued dramatic decline in national HIV diagnoses”
(media release, 15 May 2019).
205
Human Rights Act 1993 s 21(1)(h)(vii) states that disability means the presence in the body of organisms capable of causing illness.
206
“MSM” includes trans men; see United Nations Population Fund, Global Forum on MSM & HIV, United Nations Development
Programme, World Health Organization, United States Agency for International Development, World Bank Implementing
comprehensive HIV and STI programmes with men who have sex with men: Practical guidance for collaborative interventions (United
Nations Population Fund, New York, 2015) at xvii.
207
Stephen Neville, Jeffery Adams and Judith Holdershaw “Social marketing campaigns that promote condom use among MSM: A
literature review” (2014) 30 Nursing Praxis in New Zealand p5.
208
The medication was funded from 1 March 2018 for people who are at high risk of contracting HIV infection. See PHARMAC “PrEP
for HIV prevention: emtricitabine with tenofovir disoproxil fumarate (Truvada)” (9 September 2019) <https://www.pharmac.govt.
nz/>.
209
Ending HIV NZ “Everything has changed. We can end HIV by 2025.” (video, 30 January 2017).
210
A 2017 amendment to the Health Act 1956 classified HIV as an infectious disease. This means that under para B23 of the Health
and Disability Services Eligibility Direction 2011, those living with HIV become eligible for certain health services related to the
treatment and follow up of the HIV only (but not universal healthcare for other care needs).
211
Nathan Ford and others “Benefits and risks of rapid initiation of antiretroviral therapy” (2018) 32 AIDS p17.
212
Margaret May and others “Impact on life expectancy of HIV-1 positive individuals of CD4+ cell count and viral load response to
antiretroviral therapy” (2014) 28 AIDS p1193.
213
Viral load is the term used to describe the amount of HIV in the blood. When the amount of HIV in a person’s blood is no longer
able to be measured in a standard blood test, an HIV-positive person is said to have an “undetectable viral load.”
214
Moira Clunie and others Rainbow communities, mental health and addictions: A submission to the Government Inquiry into Mental
Health and Addiction (2018); Jeffery Adams, Pauline Dickinson and Lanuola Asiasiga Mental health promotion and prevention services
to gay, lesbian, bisexual, transgender and intersex populations in New Zealand: Needs assessment report (Te Pou o Te Whakaaro Nui,
Auckland, May 2012).
203
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