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Gender, Law, and Judging  

Susan Haire and Laura P. Moyer

Increased diversity among participants in the justice system, particularly judges, has fueled debates about the values and perspectives that women bring to the law. Difference theories advanced by social psychologists and feminist scholars argue for the premise that men and women in the legal system approach questions of justice differently. By contrast, empirical scholarship offers only limited support for the expectation that the sex of the judge is related to behavioral outcomes. Although most research has not uncovered differences in voting between men and women judges, one area in which consistent differences has been found is in sex discrimination cases. Recent studies suggest, however, that individual differences between men and women judges may emerge if the focus shifts to the litigation process. In one study of trial courts, cases assigned to women judges were more likely to be settled. In another study of appellate courts, women judges were more likely to pen majority opinions that adopted a compromise position. These findings suggest the promise of shifting the analytical focus away from behavioral outcomes to consider whether, and how, women and men in the legal system shape litigation processes. Doing so will require additional data and triangulated approaches that employ both quantitative and qualitative methods. Additional research is also needed to explore how shifts in the gender composition of the bench affect organizational norms and practices in the legal system at the federal, state, and local levels. Some work suggests that gender diversity affects deliberations on small appellate panels and consensual norms on larger courts. As the number of women and minorities appointed by recent Democratic and Republican presidents has increased, scholars are also now well positioned to conduct empirical research with larger numbers to investigate how women of color on the bench differ from white women and minority men.

Article

Gender Nonconformance in Non-Western Contexts: Hijras in India  

Saatvika Rai and Josephine Kipgen

Hijras are described as eunuchs and intersexed individuals, and they are a subgroup within the transgender community in South Asia. They go beyond Western descriptions of LGBT persons and are better understood as a complex interplay of gender, sexuality, traditions, and kinship. Hijras face social stigma and legal discrimination due to their nonconformance with the gender and sexual norms of hetrosexuality dominant in India’s society. They negotiate their identity through religion and mythology, whereby they undergo rituals of castration and emasculation, by virtue of which they play a significant role in ceremonies and festivals. Previously, legal frameworks like the anti-sodomy law of Section 377 of the Indian Penal Code (IPC) and the lack of a gender category for the transgender in official government documents resulted in discrimination and marginalization of the Hijra community. They faced harassment and violence from the police, medical establishment, and other individuals, and they experienced systemic exclusion from vital social services like employment and healthcare. Legal reform in India, such as the Supreme Court’s recognizing the transgender community as a “third gender” in 2015 and the decriminalization of sodomy in 2018, have been positive steps to improve the status of Hijras. However, inconsistencies in the definition of transgender persons and ambiguity in operationalizing the self-identification process remain, posing a challenge to effective policy implementation. Sociocultural norms of Hindutva and homophobic ideology are still prevalent, resulting in little improvement in the marginalized status of Hijras and the transgender community in India.

Article

Gender, Politics, and Corruption  

Helena Stensöta Olofsdotter and Lena Wängnerud

It is widely recognized that corruption, or the act of using public power for private ends, is a major destructive force for humans and human societies. Research has shown that corruption is one of the most detrimental factors currently afflicting the economies of developing countries. It further undercuts various dimensions of human well-being such as health, access to clean water, and education, and it negatively affects subjective dimensions of life such as self-reported well-being and happiness. It was against the backdrop of corruption as a major destructive force that researchers at the World Bank in the late 1990s started to explore new directions in research such as the relevance of the gender perspective. In their groundbreaking study, “Are Women Really the Fairer Sex? Corruption and Women in Government,” Dollar and colleagues demonstrated that higher rates of female participation in government are associated with lower national levels of corruption. They measured corruption using data from the International Country Risk Guide, and they included a broad range of variables in their analysis to control for various underlying institutional characteristics that could be responsible for a spurious correlation. In a follow-up study, Swamy, in 2001, presented a more comprehensive empirical analysis, but most importantly, also a more elaborated theoretical framework. Swamy and colleagues suggested that women may follow laws to a greater extent than men because they feel protected by them. Further, girls may be brought up to have higher levels of self-control than boys, which may prevent them from engaging in criminal acts. For women in power, the most important argument for why an increased number in government would affect corruption was that women might lower corruption levels not only by being less involved in corrupt behavior themselves but also by initiating policies to fight corruption or to recruit staff who are less corrupt. The initial studies spurred a heated debate on the direction of causality—what effects what—and after more than a decade of research on gender and corruption, it is clear that the link between the two factors is complex: For example, the relationship between levels of women in government and levels of corruption appears in democracies but not in authoritarian states. Moreover, the expected pattern that a high share of women is related to low levels of corruption appears in analysis focusing on the proportion of women in elected assemblies, such as national parliaments, but not in analysis focusing on the proportion of women in the bureaucracy—that is in positions related to the implementation of policies. There is also considerable subnational variation both in levels of corruption and in the share of women in elected assemblies. Studies elaborating on the gender perspective also show the need for reconsidering the definitions of corruption; women are particularly vulnerable in transactions including sexual “services.”

Article

Gender, Race, and Political Representation in Latin America  

Jennifer M. Piscopo and Kristin N. Wylie

Women, indigenous peoples, and Afro-descendant populations remain underrepresented in the national legislatures of Spanish- and Portuguese-speaking Latin America. The descriptive (or numeric) representation of marginalized groups in national legislatures matters because legislatures make policy, check the president’s authority, and communicate who has full membership in the body politic. The inclusion of women, indigenous peoples, and Afro-descendants in legislatures sends information about the overall depth and quality of the democratic regime. Most legislatures have become more representative of women, primarily due to affirmative action measures designed to raise descriptive representation. As of October 15, 2019, every Latin American country except Guatemala and Venezuela had a statutory quota law for women candidates, resulting in women holding nearly 30% of seats in the region’s legislatures. However, such gains have not come without costs, including rising violence against women candidates and elected officials. Bolivia, Colombia, Mexico, and Venezuela also use affirmative action to incorporate indigenous peoples into the national legislature, using reserved seats. However, reserved seats typically elect lower proportions of indigenous peoples relative to their population percentage. Afro-descendants face more barriers, as they must largely win legislative elections without the benefit of affirmative action. Afro-descendants remain excluded from formal politics even in Brazil, where the majority of the population self-identifies as black or brown. Indigenous and Afro-descendant women face barriers that emerge from both their gender and their race/ethnicity.

Article

Gender-Sensitive Parliaments  

Sonia Palmieri

While women have succeeded in promoting a feminist agenda in some parliaments, the international research shows that this is not always possible, and accordingly, not a realistic expectation for women. Parliaments, like any institution, have specific cultural norms and practices, some of which actively work against the advancement of gender equality. Understanding the conditions under which female—and male—parliamentarians might succeed in promoting gender equality outcomes has become an important avenue for research and development practice. The focus on gender-sensitive parliaments allows for a framework to identify, and encourage the development of, those conditions. There are four key elements of a gender-sensitive parliament. First, it accepts that the responsibility to achieve gender equality, both as a policy outcome and as a process, rests with the parliament as a whole (its male and female members and staff) and with the organizations that drive substantial policy, procedural, and normative development (political parties). Second, a gender-sensitive parliament is guided by institutional policies and legal frameworks, which allow the parliament to monitor its achievements toward gender equality and allow follow-up and review. Third, a gender-sensitive parliament institutionalizes a gender mainstreaming approach through its representational, legislative, and oversight work to ensure that all the parliament’s outputs consider, and counteract, any potential discrimination against women or men, girls or boys. This element requires a reconsideration of the process and structures of the parliament, including the respective roles and capacities of members and parliamentary staff. Fourth, a gender-sensitive parliament constantly strives to eliminate institutional cultures that sanction and perpetuate discriminatory, prejudicial norms and attitudes in the workplace against women members and staff.

Article

Generations and Political Engagement  

Miroslav Nemčok and Hanna Wass

The concept of “generation” constitutes a useful tool to understand the world of politics. Trends in political behavior typical for the youngest generation are indicative for future development. In a wider perspective, large differences between generations also reveal potential for intergenerational conflict and a shift in the entire political paradigm. Four important topics need to be addressed in order to properly understand the body of research studying specifics of political behavior across generations and the use of generation as an analytical tool: (a) conceptual definition of generation, (b) its distinction from other time-related concepts, (c) methodological challenges in applying the time-related factors in research, and (d) understanding the wider implications of these factors for individuals’ political behavior which has already been identified in the scholarship. A political generation is formed among cohorts who experience the same event(s) during their formative years and become permanently influenced by them. Therefore, members of the same generation share similar socialization experiences which create a sense of group belonging and shape the attitudes and behavior throughout their lives. This definition of political generation is distinctive among the three time-related factors—age, period, and cohort—each of which has a well-grounded and distinctive theoretical underpinning. However, a truly insightful examination of the time-related development in political engagement needs to utilize hybrid models that interact with age and period or cohort and period. This imposes a challenge known as identification problem—age (years since birth), period (year), and cohort (year of birth) are perfect linear functions of each other and therefore conventional statistical techniques cannot disentangle their effects. Despite extraordinary effort and outstanding ideas, this issue has not been resolved yet in a fully reliable and hence satisfactory manner. Regardless of methodological issues, the literature is already able to provide important findings resulting from cohort analysis of political engagement. This scholarship includes two major streams: The first focuses on voter turnout, exploring whether nonvoting among the youngest generation is a main reason for the turnout decline in contemporary democracies. The second stream examines the generational differences in political engagement and concludes that low electoral participation among the youngest generation may be explained by young people being more engaged with noninstitutionalized forms of political participation (e.g., occupations, petitions, protests, and online activism).

Article

Global Anti-LGBT Politics  

Barry D. Adam

Anti-LGBT politics around the world have undergone a major transformation over the last half century. While European powers once held themselves up as defenders of Christian morality and patriarchy, characterizing Asia, Africa, and the Americas as locations of sexual disorder, in the 21st century many of the countries of the Global South construct LGBT sexualities as pathological, threatening, or criminal, while many countries of the Global North incorporate sexual orientation in a discourse of human rights, democracy, and individual freedom. Many of the social forces of nationalism and populism of the early 21st century place the well-being of LGBT citizens in jeopardy, and conflicts between these divergent visions of the good society continue to have grave consequences for LGBT people around the world.

Article

Hate Crime Policy in the United States  

Megan Osterbur

Hate crime policy has developed from the early legislation of the 1968 Civil Rights Act to the 2009 Matthew Shepard and James Byrd Jr. Hate Crime Prevention Act, to be increasingly inclusive in terms of identity and comprehensive in terms of ramifications. Hence a body of scholarship around the trajectory and implications of hate crime laws has developed, as has a robust discourse on the definitions of hate crime itself and theories on who perpetrates bias-motivated violence and why it occurs. Between definitions of hate crime, a tension exists between legal definitions and those of theorists who are attempting incorporate understanding of context into the definition. Similarly, the theories on who perpetrates hate crimes and why they occur exhibit tensions between strain-based theories. While some scholars have deployed Merton’s (1938) strain theory associated with societal anomie, others point to changing norms. As hate crime laws have become more inclusive of sexual orientation and gender identity/expression, avenues of research into the disparities in experience of bias-motivated crimes between enumerated categories has increased. Persistent in the research on hate crime is the deficiency of data on victimization and ramifications beyond direct victims. While data on the scope of the policies is clear, inconsistencies in data collection around victimization render available resources insufficient. Most recently, research on hate crime policy has intersected with queer theory to question whether hate crime laws are positive for the LGBTQ community or society at large. Organizations such as the Silvia Rivera Law Project, for example, have pushed back on calls for inclusive hate crime laws via challenging the propensity to provide additional resources to the prison-industrial complex. Furthermore, queer scholars of history find a disconnect between the origins of the LGBTI movement in resisting police powers to be antithetical to promoting increased police powers in the form of hate crime legislation.

Article

Hate Crimes Against LGBT People in the United States  

Liz Coston

Hate crimes (or bias crimes) are crimes motivated by an offenders’ personal bias against a particular social group. Modern hate crimes legislation developed out of civil rights protections based on race, religion, and national origin; however, the acts that constitute a hate crime have expanded over time, as have the groups protected by hate crimes legislation. Anti-LGBT hate crimes, in which victims are targeted based on their sexual orientation or gender identity. LGBT people are highly overrepresented as victims of hate crimes given the number of LGBT people in the population, and this is especially true of hate crimes against transgender women. Despite the frequency of these crimes, the legal framework for addressing them varies widely across the United States. Many states do not have specific legislation that addresses anti-LGBT hate crimes, while others have legislation that mandates data collection on those crimes but does not enhance civil or criminal penalties for them, and some offer enhanced civil and/or criminal penalties. Even in states that do have legislation to address these types of hate crimes, some states only address hate crimes based on sexual orientation but not those based on gender identity. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act gives the federal government the authority to prosecute those crimes regardless of jurisdiction; however, this power has been used in a limited capacity. Hate crimes are distinct from other crimes that are not motivated by bias. For example, thrill seeking, retaliation, or the desire to harm or punish members of a particular social group often motivates perpetrators of hate crimes; these motivations often result in hate crimes being more violent than other similar crimes. The difference in the motivation of offenders also has significant consequences for victims, both physically and mentally. Victims of hate crimes are more likely to require medical attention than victims of non-bias crimes. Likewise, victims of hate crimes, and especially anti-LGBT hate crimes, often experience negative psychological outcomes, such as PTSD, depression, or anxiety as a result of being victimized for being a member of an already marginalized social group.

Article

Hinduism: India, Nepal, and Beyond  

Rina Verma Williams and Sayam Moktan

With over one billion adherents worldwide and 15% of the world’s population, Hinduism is the fourth largest, and among the oldest, of the major world religions, with important political aspects that reverberate well beyond South Asia. Yet it is perhaps the least studied of the major world religions. Hinduism is also one of the most geographically concentrated religions of the world. The majority of Hindus are concentrated in two South Asian countries, Nepal and India, where Hindus constitute 80% or more of the population. Small but politically influential diasporic communities of Hindus are found throughout Europe, Africa, the Caribbean, the United States, and Canada. Key characteristics of Hinduism that set it apart from Abrahamic religions (Judaism, Christianity, and Islam), especially politically, include its polytheistic nature and lack of one single authoritative text; the tremendous variation in its practice across locality and caste; and its frequently informal practice beyond the confines of official institutions such as temples. Hinduism has been compatible with a range of regime types over time in India and Nepal, including empire, monarchy, and democracy. Both India and Nepal are officially secular countries, but the status of secularism in both countries is contested by the forces of Hindu nationalism, a movement that seeks to institutionalize the political, social, and cultural predominance of Hinduism. Religious conversion is expressly prohibited in Nepal; in India, it is increasingly under legislative attack. The politics of caste are an important political aspect of Hinduism in both India and Nepal. While politics in both countries remain dominated by upper castes, important lower-caste political mobilization has appeared in India, but has yet to take hold in Nepal. A better understanding of Hinduism’s political aspects has enormous potential to enhance knowledge of religion and politics more broadly.

Article

Historical Legacies of Political Violence  

Jacob Walden and Yuri M. Zhukov

Legacies of political violence are long-term changes in social behavior and attitudes, which are attributable—at least in part—to historical episodes of political conflict and contention. These legacies can potentially reshape the subsequent political and social order. Their catalysts can range from armed conflict, mass repression, and genocide to oppressive institutions and interpersonal violence. The lasting effects of violence include changes in political participation and preferences, intergroup relations, economic activity and growth, and public health outcomes. Estimating these effects presents a methodological challenge, due to selection, posttreatment bias, and the difficulty of isolating specific mechanisms. These challenges are particularly acute given the long time span inherent in studying historical legacies, where effects may be measured generations or centuries after the precipitating event. Understanding these legacies requires distinguishing between persistence mechanisms, where effects of violence continue within an individual directly exposed to violence through trauma, and the secondary transmission of effects between individuals through family socialization, community and peer influences, institutionalization, and epigenetic and evolutionary changes. Research on this subject remains nascent—across many disciplines—and inconclusive on whether violence fosters mostly negative or positive forms of social and political change.

Article

Historical Views of Homosexuality: Ancient Greece  

Thomas K. Hubbard

Ancient Greece featured at least five different varieties of same-sex relations: (a) pederastic relations, typically between adolescent boys and adult men who were not yet married; (b) relations between male youths of approximately the same age; less frequently (c) homosexual relations between fully adult men; (d) age-differentiated relations between females; and (e) relations between adult females. The origins of pederasty appear to be related to the relatively late age of marriage for males, which evolved as a response to needs to limit population growth in the scarcity-driven economy of the 7th century bce. The contexts of pederastic socialization (athletics, military comradeship, hunting, cockfighting, and intellectual/musical performance at elite symposia) point toward masculinizing pedagogy and mentorship as key social functions. However, social attitudes toward pederasty were not uniform throughout all Greek city-states in all periods. Evidence from several domains suggests that as Athens became more democratic and saw greater distribution of prosperity throughout all social classes, the age of male marriage declined; larger families became socially desirable, while non-procreative alternatives to marital sexuality became less fashionable and even morally dubious. What had always been characterized as an elite habitus during the archaic period and first half of the 5th century no longer seemed at home in a political system where appeal to the common man defined success and popularity. Some philosophical texts from the 4th century bce characterize physical sex between males as para physin (“beyond nature”), whereas others recognize the possibility that it is determined through natural processes grounded in anatomy or spiritual heredity. Of most interest for modern politics is the question of what Greek historical evidence can tell us about the ability of adolescent boys to consent to intimate relations with adult men. Modern jurisprudence, especially in the United States, assumes a universal inability to provide informed consent until well after the onset of puberty, and even voluntary relations between adolescent boys and men are heavily sanctioned in the criminal justice system. Although classical Athens featured a robust tradition of criticizing pederasty for a number of reasons, the notion that pre-adult sex with an older partner was psychologically harmful to boys was not among them. The Greeks viewed adolescent (and even younger) boys as inherently sexual, and the widespread practice of nudity in athletic exercise and daily life conditioned Greek boys to a greater degree of frankness and physical disinhibition. Both iconographical and textual evidence show that Greek adolescents were quite capable of rejecting adult suitors or discontinuing relationships that no longer pleased them.

Article

Historical Views of Homosexuality: Asia  

Timothy Rich, Andi Dahmer, and Isabel Eliassen

How does Asia compare to other regions in terms of LGBT (lesbian, gay, bisexual, and transgender) rights? While Asia lags behind the West on typical metrics of LGBT rights, this fails to capture the diversity of tolerance historically in the region. At the same time, conservative backlashes to LGBT policies are evident across the region, often invoking traditionalist or religious opposition, as also seen outside of the region. Moreover, much of the literature myopically focuses on one or two countries in Asia, rarely attempting to make broad comparisons across East, South, and Central Asia. Part of this is due to terminology differences, where “homosexual” is commonly used in some countries as a catch-all term for members of the LGBT community, compared to others in the region countries, especially in South Asia, with a longer history of specialized terminology for transgendered people. Yet broader comparisons in the absence of terminology differences remain rare despite growing attention to LGBT issues in public opinion polls, news, and academic work and despite the fact that the legal avenues chosen by LGBT rights proponents often mirror those chosen in the West. State policies on LGBT policies also range considerably in the region, with only Taiwan currently recognizing same-sex marriage at the national level, but with decriminalization and antidiscrimination policies at the national and local levels increasingly common. However, a commonly overlooked trend is that of harsher LGBT policies enacted by local governments. Meanwhile, despite trends in the West of growing public tolerance on LGBT issues, far less consistency emerges in Asia, further complicating state efforts. It is important to highlight Asia’s diversity in terms of rights and tolerance, but it is equally important to integrate evidence from Asia into cross-national research on LGBT issues to understand what is unique about the region and what may have been ignored in other regions.

Article

Historical Views of Homosexuality: European Colonialism  

Robert Aldrich

The history of colonialism encompassed diverse meetings between societies and cultures, providing chances for discovery (by both the colonizing and the colonized) of differing sexual attitudes and behaviors. Varying sexual cultures inspired European ethnographical research, relativised sexual certainties and incited both fantasies and moral concern. Eroticised images of foreign men appeared in art, and affective relationships between Europeans and non-Europeans featured in literary works. The sex lives of “natives” and Europeans overseas provided subjects of speculation. The conquest of overseas territories by European and other expanding powers also led to the imposition of Western law codes regulating sexuality, including same-sex relations, gender norms, and marriage. Prohibitions on “sodomy” entered law codes throughout the British Empire, often with provisions of severe penalties. Only in the late 1900s did decriminalization occur in the British settler Dominions, though less often in former colonies in Africa, Asia, and the Caribbean. For European countries where same-sex activity had been decriminalized, such as France, it generally remained legal in the colonies, though surrounded with taboos and social opprobrium. Same-sex desire (and relations between Europeans or between them and indigenous people) appeared in many forms in colonial societies and in the lives of men associated with overseas empires. It was castigated by authorities as a menace to colonial mores but experienced by some men in the colonies as an opportunity for pleasure and a source of male bonding; non-Western sexual cultures provided arguments for both campaigns of “moralization” and for homosexual emancipation in Europe. Occasional scandals underscored the ways in which debates about sexual difference intertwined with colonial-era attitudes and policies.

Article

Historical Views of Homosexuality: European Renaissance and Enlightenment  

Gary Ferguson

Spanning the Renaissance and the Enlightenment—the 15th/16th to the 18th centuries—the early modern period in Europe sees a fundamental evolution in relation to the conception and expression of same-sex desire. The gradual emergence of a marginalized homosexual identity, both individual and collective, accompanies a profound transformation in the understanding of the sexed body: the consolidation of two separate and “opposite” sexes, which sustain physiologically grounded sexual and gender roles. This new paradigm contrasts with an earlier one in which masculinity and femininity might be seen as representing points on a spectrum, and same-sex desire, perceived as potentially concerning all men and women, was not assimilable to a permanent characteristic excluding desire for and relations with members of the other sex. These developments, however, happened gradually and unevenly. The period is therefore characterized by differing models of homosexual desire and practices—majoritizing and minoritizing—that coexist in multiple and shifting configurations. The challenge for historians is to describe these in their full complexity, taking account of geographic variations and of both differences and continuities over time—between the beginning of the period and its end, between different points within it, and between early modernity and the present or the more recent past. The tension between similarity, identity, and the endurance of categories, on the one hand, and alterity, incommensurability, and rupture, on the other hand, defies dichotomous thinking that would see them as opposites, and favor one to the exclusion of the other. In making such comparative studies, we would no doubt do well to think not in singular but in plural terms, that is, of homosexualities in history.

Article

Historical Views of Homosexuality: Roman Empire  

Thomas K. Hubbard

The practice and social construction of homosexual relations in the Roman Empire were particularly important as the immediate background to the early Christian and patristic responses that determined the widespread suppression of same-sex behavior in subsequent Western civilization; this suppression was already manifest in influential Roman legal texts of late antiquity. Although to some degree influenced by earlier Greek and Etruscan models, particularly in the realms of literature and art, Roman culture evolved its own distinctive set of practices and moral responses. Whereas classical Greek elites exalted voluntary pederastic relations between adult males and freeborn adolescents, framing them within a pedagogical context, Romans viewed any form of passivity as unmanly and fundamentally incompatible with the conquering warrior ethos required by the expansionist Roman state. Hence, pederastic attentions were legitimate only when directed toward current or former slaves. Despite the coercive character of such relations, they sometimes became tender and affectionate, leading to the favored slave’s manumission and even inheritance of property. While literary references in Augustan-era poets like Vergil, Horace, and Tibullus are decorous and idealizing after the Greek style, the treatment of homosexuality in much Roman literature is markedly different, manifesting an anatomical frankness and obscenity seldom found in Greek texts outside of Attic comedy. Accusations of the most extravagant sexual depravity became commonplace in political rhetoric of the late Republic and escalated in the many defamatory biographical accounts of Rome’s emperors, most of whom engendered posthumous infamy from patrician critics. Whether true or not, such accounts contributed to popular perceptions of a hedonistic ruling class more innured to pleasure than the public good. Not surprisingly, Rome evolved a strong tradition of morally inflected satire and ethical critique of homosexual indulgence. In the early period, this took the form of treating it as a foreign, Greek-inspired vice. More serious was the philosophical response of later Roman Stoicism, which advocated a highly restrictive sexual economy and sought to liberate the soul from enslavement to appetitive desires, particularly if not tied to the providential demands of Nature. Other sources, however, regarded same-sex desire as itself a manifestation of inborn dispositions, and Roman imperial literature features several polarized debates between advocates of boys and women as superior objects of sexual affect, presaging modern conceptions of sexual identity.

Article

HIV/AIDS Politics and Policy in U.S. States and Localities  

Patricia Siplon

From the earliest days of its recognition in the United States, the condition that came to be known as acquired immunodeficiency syndrome (AIDS) has been associated with the gay community. In fact, when the U.S. Centers for Disease Control and Prevention (CDC) first made written notice of the syndrome in 1981, the acronym GRID (gay-related immune disease) was commonly, although not officially, used to describe it. In the five years that followed, the causal agent, human immunodeficiency virus (HIV), was discovered, specific demographic groups were identified as at heightened risk of infection, and transmission routes—including sexual activity, intravenous drug use, and transfusion of blood and blood products—were determined. Identification of HIV with the gay community as a major risk group had important ramifications for prevention and treatment policy, as the community mobilized a rights-based approach that advocated harm reduction over abstinence and access and affordability of treatment over the interests of the private market. These concepts carried into later debates as the world recognized the global severity of HIV and grappled for the first time ever with a goal of universal treatment access in the world’s poorest countries where the pandemic is most severe. Identification of HIV with values, conceptual structures, leadership, and mobilization drawn from the gay community also had ramifications on the social and political contexts of AIDS treatment and prevention globally, as governments and cultures that had ignored or demonized their gay populations have increased their interactions with them as “risk groups” and as political actors. Despite the remarkable inroads made into accessibility of treatment, the world remains without a vaccine, a cure, or the political will to fully implement universal treatment access, which means that eradication of the global pandemic remains elusive.

Article

HIV/AIDS Politics and Policy in Eastern Europe and Central Asia  

Ulla Pape

Eastern Europe and Central Asia (EECA) is the only region in the world where annual HIV infection rates continue to grow. According to the Joint United Nations Program on HIV/AIDS (UNAIDS), in 2019 approximately 1.4 million people in the region were living with HIV. The main factors that have contributed to the spread of the epidemic over the past two decades include injecting drug use, the stigmatization and marginalization of vulnerable groups, the increasing spread of HIV into the general population, and the lack of evidence-based prevention and treatment programs necessary for controlling the epidemic. Limited access to life-saving antiretroviral treatment has intensified the impact of the epidemic in EECA and increased mortality rates among people living with HIV (PLWH). In the post-Soviet space, Russia is experiencing by far the biggest HIV/AIDS epidemic. This can be attributed largely to the government’s failure to introduce evidence-based prevention measures for vulnerable groups, e.g., harm reduction programs, which are recommended by international health organizations. Other countries in the region have been more pragmatic in their approach and introduced harm reductions programs on a broader scale. In Ukraine, the efforts to combat HIV, which led to an initial stabilization of the epidemic in 2012, have been endangered by the military conflict in the eastern part of the country and subsequent internal displacement, which has increased HIV vulnerability. In comparison with Russia and Ukraine, the countries of the South Caucasus and Central Asia are less affected by HIV. However, labor migration to Russia constitutes a persistent risk factor for HIV transmission from higher-prevalence Russia to lower-prevalence South Caucasus and Central Asia. Although initially the HIV/AIDS epidemic has been mainly driven by injecting drug use, it is also clearly linked to lesbian, gay, bisexual, and transgender (LGBT) politics and policies in EECA. Because of widespread stigmatization and marginalization, the spread of HIV within LGBT communities remains underreported and is barely visible in official HIV statistics. This makes it difficult for prevention programs to reach out to vulnerable groups. In all countries in the region, prevention efforts among LGBT communities remain inadequate and largely depend on local civil society organizations (CSOs), which lack the capacities to provide nationwide information campaigns and other prevention programs for the LGBT community. In addition, the work of CSOs that advocate for HIV prevention among LGBT groups is further undermined by repressive laws, e.g., the 2013 “gay propaganda law” in Russia, which has increased the stigmatization of LGBT people and has made prevention outreach more difficult. Research has contributed to our understanding of HIV vulnerability and its impact in EECA. Further research is needed, however, into the social and political factors that explain the persistent failure of regional decisionmakers to adequately address the growing HIV epidemic.

Article

HIV/AIDS Politics and Policy in Europe  

Paul DeBell

HIV/AIDS in Europe highlights the centrality of politics at local, state, and international levels to the successes and failures in fighting transnational, global threats. Though several European states have led the international struggle against HIV/AIDS and have made great strides in treatment and prevention, others host the fastest-growing epidemics in the world. Even in states with long histories of treatment, specific subpopulations, including many LGBTQ communities, face growing epidemics. This variation matches trends in public policy, the actions of political leaders, and social structures of inequity and marginalization toward affected populations. Where leaders stigmatize people living with HIV (PLHIV) and associated groups, the virus spreads as punitive policies place everyone at increased risk of infection. Thus, this epidemic links the health of the general public to the health of the most marginalized communities. Mounting evidence shows that a human rights approach to HIV/AIDS prevention involving universal treatment of all vulnerable communities is essential to combating the spread of the virus. This approach has taken hold in much of Europe, and many European states have worked together as a political force to shape a global human rights HIV/AIDS treatment and prevention regime. Despite this leadership, challenges remain across the region. In some Eastern European states, tragic epidemics are spreading beyond vulnerable populations and rates of transmission continue to rise. The Russian case in particular shows how a punitive state response paired with the stigmatization of PLHIV can lead to a health crisis for the entire country. While scholars have shed light upon the strategies of political legitimization likely driving the scapegoating and stigmatization of PLHIV and related groups, there is an immediate need for greater research in transnational social mobilization to pressure for policies that combat these backward political steps. As financial austerity and defiant illiberalism spread across Europe, key values of universal treatment and inclusion have come into the crosshairs along with the European project more generally. Researchers and policymakers must therefore be vigilant as continued progress in the region is anything but certain. With biomedical advances and the advent of the “age of treatment,” widespread alleviation from the suffering of HIV/AIDS is a real possibility. Realizing this potential will, however, require addressing widespread political, social, and economic challenges. This in turn calls for continued interdisciplinary, intersectional research and advocacy.

Article

HIV and AIDS in Africa: Global Politics and Domestic Consequences  

Alan Whiteside

AIDS is a new disease that was first recorded in 1981. In the 1980s and early 1990s, there were concerns that it would decimate populations; prevention was slow to take hold, and there was no cure. By the mid-1990s it was clear, in the developed world, that it would be mostly contained to specific populations. Effective but expensive treatment was unveiled in 1996. However, in Africa there were fears of a continent-wide epidemic. AIDS emerged in central Africa (HIV1) and west Africa (HIV2) and spread from there. In the 1990s it reached southern Africa, the current epicenter. It has become evident that AIDS has not meant the collapse of economies and nations or the hollowing out of populations. Treatment options mean people can live normally provided they adhere to the drug regime, but they are costly. The worst epidemic is in the southern cone of Africa. Here it continues to have political consequences, although causality is hard to ascribe. Unique features of the disease are that the modes of transmission include its geographic location and the excessive involvement of donors in the response; the lack of African ownership makes it a global political problem. At the moment the lives of millions of Africans depend on the generosity of the West, and that future is uncertain. AIDS is a greater challenge to southern and eastern African states than anywhere in Africa and indeed the world. The international engagement particularly in the provision of treatment means the disease has global political ramifications.