sexual health and human rights in the african region - The ICHRP

constitution. An increasing number, however, recognize a duty to provide health
as a state directive principle.
11.3 Among the sampled countries, the Kenyan and Tanzanian HIV/AIDS
Prevention and Control Acts are the best examples in the African region of clear
legal duties on the part of the state to provide information and education for the
prevention of sexually transmitted infections.
11.4 African obscenity laws are predominantly based on colonial models that
recognise very broad and non-transparent discretion of the part of the state and
courts to restrict information with the sexual content. Section 36 of the South
African Constitution – the limitation clause – provides more transparent and
human rights compliant criteria for adjudicating restrictions of the dissemination
of information with a sexual content.
12 Sex Work
12.1 Criminalization of sex work is the overwhelmingly favoured approach in the
African region.
12.2 Criminalization of sex work has remained oblivious to the human rights of sex
workers.
12.3 Criminalization of sex work has failed to develop a synergic relationship with
the promotion and protection of public health even in the face of an HIV/AIDS
pandemic.
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