SEX WORK AND THE LAW - HIV/AIDS Data Hub

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Several workers in all groups raised the issue of stigma health care settings, describing a lack of specialised sexual reproductive health services for female sex workers... 465 Sex workers clearly believe that criminal law as well as stigmatisation by society creates an environment in which exploitation and abuse are possible and HIV prevention such as condom promotion and HIV testing are limited. The possibility of detention and accusations of prostitution by law enforcement personnel for the possession of more than three condoms at any one time during raids clearly deters female and transgender sex workers from having them easily available. Additionally HIV education and other prevention such as condoms and STI services are far less likely to be effective in an environment that isn’t conducive to safe practices. The confiscation and use of condoms as evidence is not denied by police… 466 Sex workers in this research expressed great fear, and in many cases resentment, of Shariah law and the police that enforce it. The reasons for this...included the harshness and arbitrary nature of the penalties and the moralistic lecturing and haranguing that accompanies them, which was reinforced by NGO interviewees. Several also mentioned being particularly offended by the hypocrisy of the same enforcers using their services or sexually harassing them. Indonesian migrant sex workers and transgender in particular complained about religious police. It seems fair to say that the moral and religious dimension of the actions of Islamic police take an extra psychological toll on sex workers. 467 6.5.3 Efforts to improve the legal environment A dedicated centre for sex workers, the ‘SW Centre’, has been established in Chow Kit, Kuala Lumpur, providing HIV prevention education, a drop-in centre, community outreach and legal services for sex workers. The SW Centre is run by the PT Foundation (formerly known as Pink Triangle) and supported by the Ministry of Women, Family and Community Development and the Malaysian Aids Council. 468 The Legal Clinic operated by the Bar Council (in cooperation with PT Foundation and the Malaysian AIDS Council) provides legal advice and representation to sex workers who have experienced legal problems such as police abuses, and conducts legal rights awareness activities for sex workers. 465 Ibid., p.26. 466 Ibid., p.27. 467 Ibid., p.29. 468 Leong J. (2011) Legal Awareness Week - Report on Sex Workers Dialogue in Collaboration with Pink Triangle and KL Legal Aid Centre. Kuala Lumpur Legal Aid Centre. 140
6.6 Myanmar Myanmar Illegal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS 6.6.1 Laws The Suppression of Prostitution Act 1949 provides offences for: soliciting; 469 living on the earnings of prostitution including profiting in any way from sex work, whether that is one’s own prostitution or the prostitution of others; 470 procuring persons to engage in prostitution; 471 owning or managing a brothel, or renting premises for use as a brothel; 472 aiding and abetting prostitution. The Suppression of Prostitution Act 1949 provides heavy penalties for soliciting. Penalties may include imprisonment for between one year and three years, and female sex workers may be detained in a “prescribed centre”. 473 The Law Amending the Suppression of Prostitution Act 1949 was enacted in 1998 to broaden the definition of brothel to include any place used habitually for sex work. This was in response to new sex work businesses being established at massage parlours and beauty parlours. Public order offences that may be applied to sex workers include Section 268 of the Penal Code (public nuisance) and Section 30 of the Rangoon Police Act 1899 (loitering). An order may be made requiring a sex worker to stay away from specified areas and to attend the police station each day for a given period. This is authorized by the Code of Criminal Procedure (Chapter 11). There is no law against buying sex. However, the loitering offence could be used against clients. Homosexuality is criminalized by Penal Code, Section 377. 469 Section 3. 470 Overs C., Win K., Hawkins K., Mynt W., Shein W. (2011) Sex work in Myanmar: the impact of law, policy and enforcement practices, Paulo Longo Research Initiative. Michael Kirby Centre for Public Health and Human Rights, Monash University, (unpublished draft) p.14. 471 Section 12. 472 Section 8. 473 Section 3. 141
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SEX WORK AND THE LAW IN ASIA AND TH
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SEX WORK AND THE LAW IN ASIA AND TH
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Table of contents 7. PACIFIC Overvi
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ACRONYMS AND KEY TERMS Term Definit
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PLHIV People Living with HIV PLRI P
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Legal terms Law: Laws are rules pre
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xii AN INDIAN HEALTH WORKER EXPLAIN
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India, Nepal and the Philippines).
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Laws, policies and practices that a
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opened a bar in Chiang Mai that pro
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8 SUSPECTED SEX WORKERS HIDE THEIR
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ii. iii. consultations with sex wor
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1.2 International legal and policy
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iii. the report of the Independent
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into commercial sex and by whom, an
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UN Trafficking Convention The UN Co
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20 SEX WORKERS WAIT FOR CLIENTS ON
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to police for fear of further abuse
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social security laws that do not re
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example. However, as these programm
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Jagriti Mahila Maha Sangh (Federati
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organize within their communities a
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32 KUAN HSIU-CHIN, ONE OF TAIWAN’
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Where governments have recognized t
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1.2 Laws that criminalize sex work
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4.2 Donors should support NGOs and
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40 NEARLY 2,000 SEX WORKERS SHOUT S
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e.g., devadasis, jogins, bhavins. T
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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
Page 104 and 105: 90 Caption for photo here SEX WORKE
Page 106 and 107: TABLE 2: LEGALITY OF ADULT SEX WORK
Page 108 and 109: or accommodates a woman for sex wor
Page 110 and 111: there are many illegal practices pe
Page 112 and 113: of police misconduct reported by se
Page 114 and 115: All pilot projects recognized that
Page 116 and 117: 5.3 Hong Kong Special Administrativ
Page 118 and 119: 5.4.1 Laws Sex work in private is l
Page 120 and 121: In 2011, the Legislature amended th
Page 122 and 123: y a television crew, which then bro
Page 124 and 125: others, inducing a person to be a s
Page 126 and 127: STI examinations show a rapid decre
Page 128 and 129: A SEX WORKER STANDS IN A DOORWAY AT
Page 130 and 131: deportation, with limited access to
Page 132 and 133: 6.2 Cambodia 371 Legal SEX WORK IN
Page 134 and 135: Prior to 2008, research documented
Page 136 and 137: 5. Targeting of sex workers reduced
Page 138 and 139: involved in drug use, special inter
Page 140 and 141: educate about the situation of sex
Page 142 and 143: such as streets and parks are a bar
Page 144 and 145: of Rp 5000 before leaving.…Securi
Page 146 and 147: 100% CUP 100% CUP approaches have b
Page 148 and 149: young, poorly educated Khmou women
Page 150 and 151: 6.4.3 Efforts to improve the legal
Page 152 and 153: There are periodic police crackdown
Page 156 and 157: The government issued an Administra
Page 158 and 159: Sex workers in many countries have
Page 160 and 161: of HIV prevention efforts. In the a
Page 162 and 163: There are also protective laws such
Page 164 and 165: Other examples of local ordinances
Page 166 and 167: Sex workers working independently a
Page 168 and 169: standard operating procedures of la
Page 170 and 171: If sex work is conducted in a ‘pr
Page 172 and 173: Suppression of Human Trafficking Ac
Page 174 and 175: According to the Empower Foundation
Page 176 and 177: and STD awareness, limited access t
Page 178 and 179: including sex workers, on a volunta
Page 180 and 181: 2010. 584 A raid in 2011 by police
Page 182 and 183: The National Programme aims to free
Page 184 and 185: 6.11.3 Efforts to improve the legal
Page 186 and 187: TRANSGENDER SEX WORKER, SHEENA, HAS
Page 188 and 189: antibodies. Certification may engen
Page 190 and 191: continued Sub-region / country / te
Page 192 and 193: continued Sub-region / country / te
Page 194 and 195: 7.3 Kiribati Legal SEX WORK IN PRIV
Page 196 and 197: The HIV/AIDS Decree 2011 provides t
Page 198 and 199: in building community and liaise wi
Page 200 and 201: provide a place to work or to prote
Page 202 and 203: 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
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Theme: Economic Rights/Right to Liv
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ANNEX III: LIST OF ORGANIZATIONS PA
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