SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

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Section 6 of the Thai trafficking law states that, “(1) procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving any person, by means of the threat or use of force, abduction, fraud, deception, abuse of power, or of the giving money or benefits to achieve the consent of a person having control over another person in allowing the offender to exploit the person under his control; or (2) procuring, buying, selling, vending, bringing from or sending to, detaining or confining, harboring, or receiving a child; is guilty of trafficking in persons.” The law also holds those supporting the commission of trafficking offences in any manner including by contributing property, procuring a meeting place, accepting property or benefits to help offenders not getting punished or becoming a member of an organised criminal group as punishable. 538 It also prescribes punishments for preparation or conspiracy to commit a trafficking offence and extends the law to offences committed outside Thailand as well. 539 Increased punishments are prescribed for officers and members of government or statutory or constitutional bodies. 540 The law empowers “competent officials” with various investigative and search powers while also prescribing safeguards in the exercise of such powers (e.g. only women to search women, official to show he has nothing on his person before searching, to show identity card, present a report of the search, etc.) 541 It also allows the official to take custody of a person suspected of being trafficked for 24 hours; longer custody requires permission from the court. Such person must be placed in an appropriate place not a detention cell or prison. 542 The performance of duties in relation to custody are specifically required to take into account “all human rights principles seriously.” 543 Similarly the law allows obtaining a document sent by post, computer etc. only on filing an ex-parte application in court and further requires the court to consider the effect on individual rights or any other rights as well as whether there are reasonable ground to believe an offence has been or is going to be committees, that the document will provide access to information about the offence and that there is no other appropriate or more efficient method. 544 The law provides for assistance for trafficked persons and directs the government to “provide assistance as appropriate to a trafficked person on food, shelter, medical treatment, physical and mental rehabilitation, education, training, legal aid, the return to the country of origin or domicile, the legal proceedings to claim compensation according to the regulations prescribed by the Minister, providing that human dignity and the difference in sex, age, nationality, race, and culture of the trafficked person shall be taken into account. The right to receive protection, whether it be prior to, during and after the assistance providing, including the timeframe in delivering assistance of each stage, shall be informed the trafficked person. In this connection, the opinion of trafficked person is to be sought.” 545 538 Section 7, ibid. 539 Sections 8 -11, ibid. 540 Sections 12 and 13, ibid. 541 Sections 27 and 28, ibid. 542 Section 29, ibid. 543 Ibid. 544 Section 30, ibid. 545 Section 33, ibid. 122
The law also includes the right of compensation, safety protection for trafficked persons and their families, witness protection, and for returning to their country of residence or even staying in Thailand for proceedings against the offender, medical treatment, rehabilitation or compensation, where there is documentary or other proof to show the person has temporary or permanent residence or in exceptional cases to stay based on the security and welfare of such person. 546 It also protects against criminal proceedings against trafficked persons for violation of immigration or prostitution laws unless specific permission is given by the Minister of Justice. 547 It creates a fund to be used for providing assistance and safety protection to victims, safety, assistance in helping the person return to their country of residence and for the prevention and suppression of trafficking. 548 The law also establishes a high level committee to make recommendations to the Cabinet concerning the policy on prevention and suppression of trafficking in persons, for the revision of laws and rules, etc. 549 Penalties for trafficking in the law are of imprisonment from four to ten years and a fine from 80,000 to 200,000 Baht. 550 Where the offence is committed against a child whose age exceeds fifteen years but not yet reaching eighteen years, imprisonment is from six years to twelve years and a fine from 120,000 to 240,000 Baht. 551 If the child is not over fifteen years of age, imprisonment is from eight years to fifteen years and a fine from 160,000 to 300,000 Baht. 552 If the offence is committed by a juristic person, they are required to pay a fine between 200,000 to 1,000,000 Baht. 553 The Preamble to Indonesia’s Law on the Eradication of the Criminal Act of Trafficking in Persons, 2007, 554 states that, among other things, the law has been enacted as “…trafficking in persons, especially the trafficking of women and children, constitutes a crime which violates human dignity and respect and human rights, thus should be eliminated.” 555 Consent of the victim is inconsequential to the prosecution of the crime. 556 The definitions of trafficking and exploitation are the same as those in the Thai law as both have been adapted from the Palermo Protocol. Interestingly, within these definitions, while the Thai law defines forced labour, the Indonesian law defines “sexual exploitation” i.e. “any form of the use of sexual organs or other organs of the victim for the purpose of obtaining profit, including but not limited to all acts of prostitution and sexually indecent acts.” 557 Strict punishments are prescribed for trafficking as well as various scenarios within trafficking including sending or bringing a person or a child (including adoption) out of or in to Indonesia with the intention 546 Sections 34 – 40, ibid. 547 Section 41 states that, “Unless the Minister of Justice grants a permission in writing, the inquiry official is barred from taking criminal proceeding against any trafficked person on the offence of entering, leaving, or residing in the Kingdom without permission under the law on immigration, giving a false information to the official, forging or using a forged travel document under the Penal Code, offence under the law on prevention and suppression of prostitution, particularly on contacting, persuading, introducing and soliciting a person for the purpose of prostitution and assembling together in the place of prostitution for the purpose of prostitution, or offence of being an alien working without permission under the law on working of the alien.” 548 Section 42, ibid. 549 Section 15, ibid. 550 Section 52, ibid. 551 Ibid. 552 Ibid. 553 Section 53, ibid. 554 Law Of The Republic Of Indonesia, Number 21 Year 2007, State Gazette Of The Republic Of Indonesia Year 2007, Number 58. 555 Article 1(1), Law on the Eradication of the Criminal Act of Trafficking in Persons, 2007 (Indonesia) 556 Article 26, ibid. 557 Article 1(8) ibid. 123
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THE INTERNATIONAL COUNCIL ON HUMAN
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6. ACCESS TO HEALTH SERVICES IN REL
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ABBREVIATIONS AIDS ART ARV CEDAW CE
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in the regional reviews. This is a
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provide for information and distrib
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B. METHODOLOGY In keeping with the
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elevant and key laws and judgments;
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The inability of many sexually stig
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Equality irrespective of a person
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The centrality of women’s rights
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social standing, religious belief,
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according to the physical condition
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Constitutional Court in The Nationa
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protections or statutory law. There
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However it also noted that every Ri
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concerned with declaring that the h
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without guaranteeing the personal p
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to enlarge the meaning and content
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a concept has wider dimensions than
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Such conduct mentioned in clauses (
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embraced the complainant and asked
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does not sever the ties between the
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The potential recognition of same-s
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Similarly, seeking out sex educatio
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condom). Across such laws, the defi
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jurisdictions. Nepal, a country wit
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the conviction of the accused for s
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with an unmarried woman is not puni
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physical characteristics (virginity
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interventions and safeguards such a
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The opinion of the National Commiss
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was married to she would acquire im
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to consider the case of a woman see
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oth parties and deems all marital p
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female who has not attained 12 year
Page 71 and 72: Article 16 of the Universal Declara
Page 73 and 74: In Bangladesh, polygamy is allowed
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Page 85 and 86: from other forms of inequality as w
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Page 89 and 90: courts. 350 According to the Commis
Page 91 and 92: The Act provides for the appointmen
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Page 95 and 96: The Act specifies imprisonment of 6
Page 97 and 98: property jointly or separately held
Page 99 and 100: upees or the amount of the dowry wh
Page 101 and 102: however, is that, of the 10,000 dea
Page 103 and 104: Addararachchi 439 the court conside
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Page 109 and 110: In holding that there was no justif
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Page 117 and 118: The fined amount is to be given to
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Page 121: every person “the right against e
Page 125 and 126: eing committed. 570 While prosecuti
Page 127 and 128: Broader provisions related to child
Page 129 and 130: in order to engage the child in suc
Page 131 and 132: her.” 631 A person is deemed to h
Page 133 and 134: that they are denied the fundamenta
Page 135 and 136: Indonesia’s Constitution recognis
Page 137 and 138: In Thailand too, abortion is illega
Page 139 and 140: With regard to the first question,
Page 141 and 142: Further, any pregnant woman may vol
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Page 145 and 146: Government could not be held liable
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Page 149 and 150: Members' right to protect public he
Page 151 and 152: 7. INFORMATION, EDUCATION AND EXPRE
Page 153 and 154: education as well as non-discrimina
Page 155 and 156: The exchange of information through
Page 157 and 158: community.” 727 In each case, the
Page 159 and 160: Nepal’s Interim Constitution limi
Page 161 and 162: Sections 292, 292A, 293 and 294 of
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Page 167 and 168: In Thailand, places of entertainmen
Page 169 and 170: 8. SEX WORK This section examines h
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clients or make an offer for a sex/
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and non-rehabilitative juvenile jus
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“In view of the aforesaid proposi
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person who commits the act are of t
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as parent or guardian has given his
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with one) on the charge that it was
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for sex workers while emphasizing t
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19. Azimuddin v State of Uttar Prad
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1. Acid Control Act, 2002 2. Acid-O
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13. Intellectual Property Act, 2003
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