SEX WORK AND THE LAW - HIV/AIDS Data Hub

More documents

Recommendations

Info

in building community and liaise with the police to improve understanding about HIV prevention. 634 …Reports of police corruption and harassment, along with violence and brutality from clients, were greater in Nadi than in the other centres. Unlike the other study sites, sex workers in Nadi were reluctant to carry more than one condom with them at any time. This was because carrying condoms would give police reason to harass them. Consequently, sex workers were unlikely to be able to provide condoms to others. 635 …In recent years advances have been made with respect to the attitude and behaviour of police as well as some health service providers. This has facilitated condom use and service access. 636 Overs and colleagues conducted research to map the impact of law, policy and enforcement practices in 2011. 637 Findings included: In all sites sex workers said that law enforcement has increased dramatically since 2009. The majority of [small group interview] participants thought that this is a result of both the 2009 Decree and the publicity about child prostitution and human trafficking. Sex workers in Suva who work in the street are harassed or arrested often enough for street work have become largely unviable. There was strong agreement in all groups that enforcement periodically becomes stricter and more active. Some suggested that crackdowns happen in response to pressure by religious groups, civil society organisations and diplomatic missions. Most participants expressed concern about the criminalisation of clients. There was strong agreement that clients are scared by the 2009 Decree. Although they do not know how many arrests or successful convictions of clients there have been, they think there have been some. Some had seen or been with clients when they were arrested. In Suva participants described an important effect of the criminalisation of clients. They said that clients have begun passing phone numbers of sex workers to each other. The client calls the sex worker and makes an arrangement to meet in a motel or house. The advantages and disadvantages of this were experienced differently by different sex workers. Some felt that they were more vulnerable to violence because there is no opportunity to see the client and discuss the services and price with him before they are alone with him. For others there were concerns about being tricked or having their time and money wasted if they book a motel room (‘time wasters’ are a universal scourge of sex workers). If the client books the motel room the sex worker is at a disadvantage if any violence occurs. In such a situation motels cannot side with the sex worker because any association between the motel and the sex worker could be constructed as illegal under the very broad anti pimping and anti trafficking laws. When asked who has power over sex workers [small group interview] participants unanimously answered that police are the main source of power over sex workers… anecdotes were told about enforcement. They include the use of pepper spray against a sex worker when walking on the street who refused to get into police 634 Ibid., p.15. 635 Ibid., p.16. 636 Ibid., p.20. 637 Overs C., Gavidi J., Manikiwai S., Hunter A., Hawkins K,. and Williams M. (2011) Sex work in Fiji: Mapping the impact of law, policy and enforcement practices. Melbourne: Paulo Longo Research Initiative, Michael Kirby Centre for Public Health and Human Rights, Monash University (unpublished draft). 184
vehicle; transgender sex workers forced to masturbate each other, being thrown in the sea, having their mobile phones thrown away; being robbed of their earning and dumped in isolated area where they are vulnerable to being raped or beaten further. One participant told of seeing a pregnant sex worker being beaten by police. Fiji According to all participants in all groups it is ‘very common’ for police to confiscate condoms from adult sex workers as evidence. Police demand free sex, often at the police station. When sex workers are arrested it is also common to offer sex to police in exchange for reduced negative consequences. Sometimes sex workers bribe police officers to allow them to work from a specific street location or to avoid being taken to the police station or court. Men described as ‘street boys’ and ‘thugs’ rob sex workers on the streets with violence but there was strong agreement that sex workers almost never complain about the matter to the police because they know it will not be taken seriously because the person complaining is a sex worker… 638 The sex industry has become less safe because it has become necessary for sex workers and clients to meet in more clandestine ways, particularly since buying sex has become criminal...[this] exacerbates HIV vulnerability because it: “THE SEX INDUSTRY HAS BECOME LESS SAFE BECAUSE IT IS HAS BECOME NECESSARY FOR SEX WORKERS AND CLIENTS TO MEET IN MORE CLANDESTINE WAYS...” Relocates workers into more dangerous workplaces where safe work practices are much more difficult to maintain. Increases dependency on middlemen who can help sex workers to avoid arrest. Reduces incomes so that incentives to do whatever it takes to keep each client are greater. Means that less money is available for condoms and medical treatment. …A number of factors emerged in this study as contributing to threats to sex workers health: Confidentiality is not respected and is difficult to maintain so some sex workers are reluctant to attend public clinics. Some try private doctors instead but given fluctuating income and limited services available from general practitioners this is not a good alternative. Private doctors cannot perform HIV tests. Condoms are confiscated or ‘used as evidence’. This doesn’t appear to mean they are actually taken into a court and presented to a judge to counter not guilty pleas. Rather they are confiscated and used to make the sex worker co-operate by either paying a bribe, giving free sex or signing a statement admitting to the offence. …Giving money to middlemen is not traditionally part of Fiji’s sex work culture. Several participants expressed horror at the idea of paying a ‘pimp’ to find clients, to 638 Ibid., pp.15-17. 185
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 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 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?