CHLP Releases First Guide On The Rights of Youth in State Custody to Full Sexual Health Care
The Center for HIV Law and Policy (CHLP) today released the first legal report and guide on the rights of youth in detention and foster care facilities to comprehensive sexual health care, including sexual medical care, sexuality education, and staff training on sexual orientation and the needs and rights of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth. The publication, Juvenile Injustice: The Unfulfilled Rights of Youth in State Custody to Comprehensive Sexual Health Care, analyzes the foundation of this right and the sexual health care needs of youth in out-of-home care.
"Youth in state custody, particularly LGBTQ youth, are at higher than average risk of acquiring sexually transmitted infections and HIV," said René Bennett-Carlson, CHLP's Managing Attorney, and one of the authors of the publication, "Yet there is not one state in the country that guarantees access to the necessary sexual medical care and scientifically accurate and inclusive sexuality education that would address this health crisis. There are also virtually no state mandates for staff training that addresses routine ignorance about sexual orientation, and the life-threatening abuse that LGBTQ kids and others face in state facilities as a consequence. This gap in sexual health care is bad for public health and denies the health care rights of youth who rely on the state for their basic needs."
Youth in out-of-home-care report sexual activity at earlier ages, higher-risk sexual activity and greater rates of STIs and HIV than youth who live with family members. These sexual health risks are additionally severe for LGBTQ youth, who are disproportionately represented in state detention and foster care facilities yet are largely ignored in health care and education services. According to a recent Department of Justice Report, gay youth are also more likely to be the victims of sexual abuse while confined to juvenile facilities.
"CHLP has talked to numerous youth who have been in state custody who report stigma, harassment, and violence against LGBTQ youth. Much of this harassment and abuse has been the result of staff ignorance and bigotry. This stigma is dangerous; it isolates LBGTQ youth, and triggers serious physical and mental health issues," said Catherine Hanssens, Executive Director of the Center for HIV Law and Policy. "This publication provides a necessary LGBTQ-inclusive approach for the sexual health of youth in state care."
Hanssens added, "There is a direct correlation between sexual health programming and the detection and prevention of sexual abuse. These sexual health services are legally required when the state takes over the custody of adolescents not only because the services address these kids' immediate health needs, but because they are an essential element of protecting them from harm."
Juvenile Injustice: The Unfulfilled Rights of Youth in State Custody to Comprehensive Sexual Health Care is the first in a series of publications that CHLP's Teen SENSE (Sexual health and Education Now in State Environments) initiative is developing for legal and community advocates as well as government and public health officials. Teen SENSE brings together medical experts, educators, government agencies, advocates, youth, and others to ensure that all young people in state facilities have access to comprehensive sexual health. Pending additional publications include model standards on sexual medical care, sexuality education, and staff training on LGBTQ issues that can guide policy-making in youth detention centers and congregate foster care across the country.
Bennett-Carlson notes, "The Teen SENSE initiative operates under the principle that providing adolescents in state facilities sexual health care is good public policy as well as a legal and ethical imperative. The health and safety of these youth are too often overlooked. We hope that Juvenile In-Justice and future Teen SENSE publications will help to focus needed attention on this very serious issue."
The publication and Teen SENSE are made possible by generous support from the MAC AIDS Fund, the Arcus Foundation's Gay and Lesbian Fund and Broadway Cares/Equity Fights AIDS.