On 11th March 2026, Senegal passed a bill doubling the punishment enshrined in the queerphobic provision Article 319 of the 1965 Penal Code from a maximum imprisonment of five years and a fine between 100,000 and 1.5 million CFA francs (approximately 167 and 1975 GBP) to a maximum of ten years imprisonment and a fine ranging between 2 and 10 million CFA francs (approximately 2633 and 13167 GBP) for committing “unnatural sex”. This provision is exploited to charge LGBTQ+ individuals for queer sex. In this blog, I argue that this amendment, which received presidential assent on 31st March 2026, obliterates the LGBTQ+ community’s access to healthcare and violates the right to health and other socio-economic rights. To substantiate my claims, I rely on the International Covenant on Economic, Social, and Cultural Rights, 1966 (“ICESCR”), and the African Charter on Human and People’s Rights, 1981 (“Banjul Charter”), both ratified by Senegal.

This amendment was passed with an overwhelming majority in  the Parliament, following a wave of arrests of LGBTQ+ individuals in February 2026. The Parliament echoed with chants like “homosexuals will no longer breathe in this country,” and “homosexuals will no longer have freedom of expression in this country.” The amendment delineates unnatural sexual acts as homosexuality, bisexuality, transsexuality, zoophilia and ​necrophilia. It criminalises sexual orientation and activities, as well as gender identities and expressions.

It introduces the offence of apology, which penalises anyone who promotes, supports, or defends the LGBTQ+. Since promotion of homosexuality is also punishable, it places journalists, civil society activists, human rights organisations, and medical service providers supporting the LGBTQ+ in jeopardy.

Same-sex relationships were always punishable in Senegal. However, doubling the imprisonment and fines, and punishing the “promotion” of homosexuality further endangers the LGBTQ+ community. This amendment, which now explicitly discriminates against the LGBTQ+ community, exacerbates the continuing violation of  several civil and political rights in Senegal, including the right to life (Article 6), the right against torture, inhuman, or degrading treatment (Article 7), privacy (Article 17), expression (Article 19), peaceful assembly (Article 21), association (Article 22), etc. of the International Covenant on Civil and Political Rights, 1966.

The violation of civil and political rights is condemnable. But the violation of economic and social rights is equally concerning. These violations affect granular aspects of LGBTQ+ lives, causing indirect discrimination and deprivation.

Among the various ICESCR rights infringed, the most notable is the right to the highest attainable standards of physical and mental health (Article 12). HIV status is considered a determinative factor for unnatural sex, and the (intentional) transmission of HIV is punishable. With this draconian amendment, LGBTQ+ individuals might avoid HIV testing, leading to a negative impact on detection, counselling, and treatment. NGOs cannot even freely impart sexual awareness due to fear of persecution. Since possession of lubricants and condoms is also considered indicative of homosexuality by the police, many individuals will avoid buying them, potentially causing STIs and other health concerns.

The cascading implications on the health of LGBTQ+ individuals will also erode years of Senegal’s progress against HIV. Alongside deteriorated physical health, mental health too will suffer. These implications transgress Article 12, and also defy the CESCR’s General Comment No. 14 (2000) – proscribing discrimination based on HIV/AIDS in health care accessibility (Paragraph 18), General Comment No. 22 (2016) – proscribing intersectional discrimination based on sexual orientation and HIV/AIDS status in the realisation of sexual and reproductive health (Paragraph 30), and General Comment No. 20 (2009) – promoting non-discrimination, and expanding “other status” in Article 2(2) to prohibit discrimination based on sexual orientation (Paragraph 32) and health status (Paragraph 33).

The amendment ostracises LGBTQ+ people from the community and curtails their access to public facilities. This causes difficulties accessing nutrition, sanitation, and accommodation. This violates their right to an adequate standard of living (Article 11(1)). They suffer from the lack of equal employment opportunities, jeopardising their right to work (Article 6). Similarly, the Bill also violates the right to work (Article 15), the right to health (Article 16(1)), the right to partake in cultural life of the community (Article 17(2)), etc., of the Banjul Charter.

This amendment is an addition to discriminatory laws across the world that criminalise the existence of the LGBTQ+ community and deprive them of the right to health. Three human rights treaty bodies have urged Senegal to repeal Article 319 and implement legislation prohibiting discrimination based on sexual orientation. During Senegal’s 2019 UPR cycle, 13 state parties likewise recommended. Unfortunately, it only noted their recommendations.