In the present report, submitted in accordance with Human Rights Council resolution 6/29, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health examines the relationship between the right to the highest attainable standard of health and the criminalization of three forms of private, adult, consensual sexual behaviour: same-sex conduct and sexual orientation, sex work, and HIV transmission.

Section I contains a brief introduction. In section II, the Special Rapporteur considers the criminalization of consensual, same-sex conduct between adults, along with criminalization based upon sexual orientation or gender identity. In that section the Special Rapporteur highlights how recent international and national jurisprudence has recognized close connections between the
concepts of privacy, equality and dignity, and examines its effects on the enjoyment of the right to health.

In section III, the denial of sex workers' enjoyment of the right to health that results from the criminalization of sex work and related practices (such as solicitation) is considered. Impacts on the right to health, similar to those discussed in section II, are canvassed along with issues particular to sex work. Specifically, the failure of legal recognition of the sex-work sector results in infringements of the right to health, through the failure to provide safe working conditions, and a lack of recourse to legal remedies for occupational health issues. Additionally, the distinction between sex work and trafficking is considered, in particular with respect to legislation and interventions that, by failing to distinguish between these groups, are increasingly infringing sex workers' right to health.

In section IV the Special Rapporteur examines the impact of the criminalization of HIV transmission with respect to the right to health. The far-reaching impact of criminal laws on the enjoyment of the right to health is considered, along with the failure of such laws to achieve legitimate public health aims or the objectives of the criminal law. The Special Rapporteur concludes that only intentional, malicious HIV transmission can be legitimately criminalized; however, specific criminal laws concerning HIV
transmission are generally unnecessary.

Finally, the Special Rapporteur suggests that decriminalization is necessary in response to each of the aforementioned issues, alongside other measures necessary as part of a comprehensive right-to-health approach. Such measures include human rights education, the participation and inclusion of vulnerable groups, and efforts to reduce stigma and discrimination in
respect of these groups.