SEX WORK AND THE LAW - HIV/AIDS Data Hub

More documents

Recommendations

Info

continued Sub-region / country / territory Kiribati Marshall Islands Nauru Northern Mariana Islands 613 Sex work in private Soliciting Brothels Laws The Penal Code provides offences for procuring (Section 136); Being a male person living on the earnings of prostitution (section 145); Being a woman controlling the prostitution of another woman (Section 146;) having suspicious premises where there is reason to suspect that any house is used for purposes of prostitution (Section 147); keeping or permitting the use of premises for a brothel (Section 148); a common prostitute behaving in a disorderly or indecent manner in any public place (Section 167(c)); soliciting for immoral purposes in any public place (Section 167(f)) The Prostitution Prohibition Act 2001 provides offences for engaging in prostitution; the aiding and abetting of prostitution and the operation of organized premises; promoting prostitution (Section 503); and regular use of any room, building or other place for prostitution (Section 504). Criminal Code Sections 217, 218 and 220 provide offences of procuring a prostitute. Sections 231 and 235 prohibit the keeping of a house, room, set of rooms or place of any kind for purposes of prostitution. A person who at the time of entry into Nauru is a reputed prostitute, or who is living on or receiving, or who prior to entering Nauru lived on or received, the proceeds of prostitution, is a prohibited immigrant under Section 10 of the Immigration Act 1999. The Commonwealth Code includes offences for prostitution and promoting prostitution Palau The Anti-Prostitution Act (Chapter 36, Code of Palau) provides offences for prostitution, advancing or profiting from prostitution, soliciting or purchasing sex. “Advancing prostitution” is defined to include operating a “house of prostitution or a prostitution enterprise”. Australasia New Zealand Prostitution Reform Act 2003. Australia See separate table of state and territory laws. 613 See: Department of Public Safety, Commonwealth of The Northern Mariana Islands (2009) Press release: joint operation bust. Twelve (12) Chinese females were arrested for promoting prostitution, permitting prostitution and prostitution in Garapan and Susupe. 178
7.2 Guam Guam Illegal SEX WORK IN PRIVATE Illegal SOLICITING Illegal BROTHELS Although sex work is illegal, there is an active sex industry in Guam, comprised of street workers and workers operating from entertainment establishments such as massage parlours, karaoke clubs and strip bars. 614 Most establishment-based workers are migrant sex workers. Quarterly screening of massage parlour workers is required by the Massage Parlour Regulations. The regulations require massage parlour managers to ensure that workers are certified to be free of STIs and HIV. 615 There is reportedly poor compliance with the regulations. A review of departmental records found that of the 68 female parlour workers who obtained health certificates in the period 2000-2003, only 12 percent complied consistently with the requirement for repeat testing every three months. 616 The Department of Public Health is working with community-based organizations to implement a 100% CUP among massage parlour workers. The Department has stated that sex worker populations are difficult to reach because of fear of prosecution. Τhe Massage Parlour Regulations assist the Department to monitor STI outbreaks. 617 There has been an active debate in Guam about formally establishing a red-light district. In 2006, a government task force, composed of representatives from the Guam Visitors Bureau, Department of Public Health and Social Services, Guam Police Department, and Department of Revenue and Taxation, considered legal options. 618 In 2010, a Bill was introduced that proposed special zoning restrictions for adult entertainment establishments, which would have provided a legislative basis for a specified red-light district. 619 The Bill would require strip bars and massage parlours to relocate within five years to industrial zones. This was supported by the Mayors Council but not enacted. 620 The proposal sought to address the concern that adult entertainment establishments located in the town centre may deter family- oriented tourists. Guam has enacted a highly stigmatizing legal provision that creates heavy penalties for sex workers who are working while knowing that they have HIV. 614 Should prostitution be legalized on Guam? www.kuam.com, 29 October 2009. 615 Regulations on Sanitary Operation of Massage Parlors, February 13, 1984; Health Certificates, December 26, 198; Issuance of Health Certificates, March 21, 2001: Schumann B., (2004) Screening Guam’s Massage Parlor Workers: How Often Should they Be Screened, Presentation to 2004 National STD Conference (USA). 616 Schumann B., (2004), op cit. 617 UNFPA, WHO (2006) Report of the joint UNFPA/WHO Meeting on 100% Condom Use Programme, Manila: WHO WPRO. 618 Red light district plan for Guam still on, Pacnews, 16 March 2006. 619 Bill No. 314-30 (COR) - B.J.F. Cruz, An act amending Title 21 GCA Chapter 61, the Zoning Law of the Territory of Guam, pertaining to adult entertainment businesses and establishments. 620 Mayors give red light zone the green light, Marianas Variety, 21 January 2010. 179
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 10 and 11:
PLHIV People Living with HIV PLRI P
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
Page 60 and 61:
The Local Government (Zila Parishad
Page 62 and 63:
Despite the Court’s ruling, a stu
Page 64 and 65:
order to ensure smooth operation of
Page 66 and 67:
4.3 Bhutan Illegal SEX WORK IN PRIV
Page 68 and 69:
State laws relating to public order
Page 70 and 71:
The Act provides institutional reha
Page 72 and 73:
Convention for Suppression of Traff
Page 74 and 75:
4.4.2 Law enforcement practices Pol
Page 76 and 77:
A study of 673 female sex workers i
Page 78 and 79:
Kotiswaran has conducted a detailed
Page 80 and 81:
involving power analysis, implement
Page 82 and 83:
HIV/AIDS coordination committees we
Page 84 and 85:
…The community mobilization effor
Page 86 and 87:
The DMSC approach has reduced the n
Page 88 and 89:
4.5 Maldives Illegal SEX WORK IN PR
Page 90 and 91:
4.6.1 Laws The Trafficking and Tran
Page 92 and 93:
false arrest for carrying condoms,
Page 94 and 95:
2. The government, donors and UN ag
Page 96 and 97:
Section 371A and Section 371B of th
Page 98 and 99:
Sex workers are routinely harassed
Page 100 and 101:
fine. 261 An ‘incorrigible rogue
Page 102 and 103:
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 154 and 155: Several workers in all groups raise
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 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
Page 204 and 205: Another man described a raid on the
Page 206 and 207: and key populations, including sex
Page 208 and 209: The purpose of this Act is to decri
Page 210 and 211: Laws State / Territory Legislation
Page 212 and 213: programmes. 696 New South Wales dec
Page 214 and 215: testing increased, with the regular
Page 216 and 217: ANNEX I: SELECT BIBLIOGRAPHY Abel G
Page 218 and 219: National Network of Sex Workers and
Page 220 and 221: Violence from police (e.g., Republi
Page 222 and 223: Theme: Economic Rights/Right to Liv
Page 224: ANNEX III: LIST OF ORGANIZATIONS PA
show all

SEX WORK AND THE LAW - HIV/AIDS Data Hub

Create successful ePaper yourself

Delete template?

Save as template?