SEX WORK AND THE LAW - HIV/AIDS Data Hub

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PLHIV People Living with HIV PLRI Paulo Longo Research Initiative PNG Papua New Guinea PSI TOP Population Services International Targeted Outreach Program Myanmar PSP Poro Sapot Project Papua New Guinea puskesmas Community Health Clinics Indonesia PWID People who inject drugs Qanun Indonesian criminal regulation Indonesia Qanun Jinayah Islamic Criminal Bylaw Indonesia RTI Research Triangle Institute Thailand saderni, apa Madam, woman who owns or manages brothel India SAN Survival Advocacy Network Fiji SANGRAM Sampada Grameen Mahila Parishad India selami Tenancy interest based on the payment of a premium for the India right to rent Sharia Islamic law SHC Social Hygiene Clinics Philippines shordani Female brothel managers to whom sex workers are bonded Bangladesh SIT Save Incapacity Teenager SOP Standard operating procedures STI Sexually transmitted infection SWFK Sex Workers Forum of Kerala India SWiM Sex Workers in Myanmar Myanmar SWING Service Workers in Group Thailand TCP Targeted condom programme thana Local police Bangladesh UNAIDS Joint United Nations Programme on HIV/AIDS UNDP United Nations Development Programme UNFPA United Nations Population Fund UNGASS United Nations General Assembly Special Session on HIV/AIDS UNODC United Nations Office on Drugs and Crime USAID United States Agency for International Development VAMP Veshya Anyay Mukti Parishad India waria Indonesian transgender identity Indonesia WHO World Health Organization WNU Women’s Network for Unity Cambodia wisma brothel Indonesia xiàgōngpéng Factory workers or ‘work-shack’ workers, who sell sex to poor China migrant workers Zila Parishad Local government unit Bangladesh zina Adultery, sex between unmarried persons Pakistan, Malaysia viii
GLOSSARY Glossary Key terms Sex worker: This report adopts a broad definition of the terms ‘sex work’ and ‘sex worker’. The term ‘sex worker’ is used to refer to all adults who sell or exchange sex for money, goods or services (e.g., transport). It is used to refer to people who sell or exchange sex even if they do not identify as sex workers, or consider the activity to be ‘work’. The term is used to refer to sex workers including consenting female, male, and transgender people who receive money or goods in exchange for sexual services, either regularly or occasionally. Sex workers include consenting young people who are eighteen years or older. In circumstances where a person has been coerced into selling sex and is selling sex involuntarily, the preference is not to refer to the person as a ‘sex worker’. This avoids unnecessary conflation of sex work and trafficking, or confusion of sex workers with people trafficked for the purpose of sexual exploitation. Sex work is usually classified as ‘direct’ (open, formal) or ‘indirect’ (hidden, clandestine, informal). Direct sex workers identify as sex workers and earn their living by selling sex. Indirect sex workers usually do not rely on selling sex as their first source of income. They may work as waitresses, hairdressers, massage girls, street vendors, or beer promotion girls and supplement their income by selling sex. They generally do not identify as sex workers. Prostitution / prostitute: Prostitution is a term that was commonly used in legislation enacted in the nineteenth and twentieth centuries to refer to sex work. The terms ‘prostitution’ and ‘prostitute’ have negative connotations and are considered by advocates of sex workers to be stigmatizing. This report only uses the term ‘prostitution’ when quoting directly from specific legislative or treaty provisions or the works of other authors that use the term. In other cases, the term sex work is preferred. Transactional sex: Transactional sex involves exchange of sex for goods or services. Usually, the person providing the sex has other sources of income. People engaging in transactional sex usually do not identify themselves as sex workers or define their conduct as sex work. Transgender: Transgender is a term used to describe individuals whose gender expression or gender identity differs from conventional expectations based on the physical sex into which they were born. The term ‘transgender people’ in this report refers primarily to people who were born biologically male but who identify as female, or who have characteristics that are usually considered female. There are transgender people in all countries, and in some Asia Pacific countries there are specific transgender or ‘third gender’ groupings that have unique cultural identities. Most countries of the Asia Pacific region have their own terms to refer to culturally specific sub-populations that include feminized men, third gender and/or male-to-female transgender people. ix
Page 1 and 2: SEX WORK AND THE LAW IN ASIA AND TH
Page 3 and 4: SEX WORK AND THE LAW IN ASIA AND TH
Page 5: Table of contents 7. PACIFIC Overvi
Page 8 and 9: ACRONYMS AND KEY TERMS Term Definit
Page 12 and 13: Legal terms Law: Laws are rules pre
Page 14 and 15: xii AN INDIAN HEALTH WORKER EXPLAIN
Page 16 and 17: India, Nepal and the Philippines).
Page 18 and 19: Laws, policies and practices that a
Page 20 and 21: opened a bar in Chiang Mai that pro
Page 22 and 23: 8 SUSPECTED SEX WORKERS HIDE THEIR
Page 24 and 25: ii. iii. consultations with sex wor
Page 26 and 27: 1.2 International legal and policy
Page 28 and 29: iii. the report of the Independent
Page 30 and 31: into commercial sex and by whom, an
Page 32 and 33: UN Trafficking Convention The UN Co
Page 34 and 35: 20 SEX WORKERS WAIT FOR CLIENTS ON
Page 36 and 37: to police for fear of further abuse
Page 38 and 39: social security laws that do not re
Page 40 and 41: example. However, as these programm
Page 42 and 43: Jagriti Mahila Maha Sangh (Federati
Page 44 and 45: organize within their communities a
Page 46 and 47: 32 KUAN HSIU-CHIN, ONE OF TAIWAN’
Page 48 and 49: Where governments have recognized t
Page 50 and 51: 1.2 Laws that criminalize sex work
Page 52 and 53: 4.2 Donors should support NGOs and
Page 54 and 55: 40 NEARLY 2,000 SEX WORKERS SHOUT S
Page 56 and 57: e.g., devadasis, jogins, bhavins. T
Page 58 and 59: TABLE 1: LEGALITY OF ADULT SEX WORK
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The Local Government (Zila Parishad
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Despite the Court’s ruling, a stu
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order to ensure smooth operation of
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4.3 Bhutan Illegal SEX WORK IN PRIV
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State laws relating to public order
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The Act provides institutional reha
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Convention for Suppression of Traff
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4.4.2 Law enforcement practices Pol
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A study of 673 female sex workers i
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Kotiswaran has conducted a detailed
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involving power analysis, implement
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HIV/AIDS coordination committees we
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…The community mobilization effor
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The DMSC approach has reduced the n
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4.5 Maldives Illegal SEX WORK IN PR
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4.6.1 Laws The Trafficking and Tran
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false arrest for carrying condoms,
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2. The government, donors and UN ag
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Section 371A and Section 371B of th
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Sex workers are routinely harassed
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fine. 261 An ‘incorrigible rogue
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The UN Committee on the Elimination
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90 Caption for photo here SEX WORKE
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TABLE 2: LEGALITY OF ADULT SEX WORK
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or accommodates a woman for sex wor
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there are many illegal practices pe
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of police misconduct reported by se
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All pilot projects recognized that
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5.3 Hong Kong Special Administrativ
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5.4.1 Laws Sex work in private is l
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In 2011, the Legislature amended th
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y a television crew, which then bro
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others, inducing a person to be a s
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STI examinations show a rapid decre
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A SEX WORKER STANDS IN A DOORWAY AT
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deportation, with limited access to
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6.2 Cambodia 371 Legal SEX WORK IN
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Prior to 2008, research documented
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5. Targeting of sex workers reduced
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involved in drug use, special inter
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educate about the situation of sex
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such as streets and parks are a bar
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of Rp 5000 before leaving.…Securi
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100% CUP 100% CUP approaches have b
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young, poorly educated Khmou women
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6.4.3 Efforts to improve the legal
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There are periodic police crackdown
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Several workers in all groups raise
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The government issued an Administra
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Sex workers in many countries have
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of HIV prevention efforts. In the a
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There are also protective laws such
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Other examples of local ordinances
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Sex workers working independently a
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standard operating procedures of la
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If sex work is conducted in a ‘pr
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Suppression of Human Trafficking Ac
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According to the Empower Foundation
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and STD awareness, limited access t
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including sex workers, on a volunta
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2010. 584 A raid in 2011 by police
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The National Programme aims to free
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6.11.3 Efforts to improve the legal
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TRANSGENDER SEX WORKER, SHEENA, HAS
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antibodies. Certification may engen
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continued Sub-region / country / te
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continued Sub-region / country / te
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7.3 Kiribati Legal SEX WORK IN PRIV
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The HIV/AIDS Decree 2011 provides t
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in building community and liaise wi
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provide a place to work or to prote
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of discrimination and police brutal
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Another man described a raid on the
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and key populations, including sex
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The purpose of this Act is to decri
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Laws State / Territory Legislation
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programmes. 696 New South Wales dec
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testing increased, with the regular
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ANNEX I: SELECT BIBLIOGRAPHY Abel G
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National Network of Sex Workers and
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Violence from police (e.g., Republi
Page 222 and 223:
Theme: Economic Rights/Right to Liv
Page 224:
ANNEX III: LIST OF ORGANIZATIONS PA
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