SEX WORK AND THE LAW - HIV/AIDS Data Hub

have introduced licensing or registration systems the vast majority of sex workers operate
outside of the system. This approach compounds the marginalization of most sex workers.
Human rights violations may result from licensing models that require compulsory testing
and registration of sex workers with government authorities.
Executive summary
(iv) Action items for country-level consideration
Each country needs to define its own priorities in relation to law reform and changes to
law enforcement practices, informed by an assessment of objectives that are realistically
achievable and relevant to the local context. It is critically important that sex workers are
centrally involved in efforts to improve legal environments. Sex workers and, where they
exist, sex workers’ organizations should be supported to participate in setting national
priorities for an agenda for action to improve the legal environment for sex workers. The
report includes a list of action items for country level consideration in the following areas:
a. Law reform;
b. Improvements to law enforcement practices;
c. Leadership, community empowerment and advocacy;
d. Education of the judiciary;
e. Legal services;
f. Research, evidence and monitoring;
g. National planning of HIV responses;
h. National human rights institutions;
i. The role of donors and multilateral organizations.
Governments should apply the ILO Recommendation concerning HIV and AIDS and the
World of Work, 2010 (No. 200) to sex workers. Sex workers should enjoy legally enforceable
rights to occupational health and safety. Sex workers should be supported to participate
in the process of developing workplace health and safety standards. Recognizing that
sex work is legitimate work provides a framework within which sex workers can benefit
from the same rights and protections as other workers, including access to services and
freedom from discrimination and exploitation.
Laws that criminalize sex work and the sex industry should be reviewed, taking into
account the adverse impact of these laws on public health and the human rights of sex
workers. To enable sex workers to fully enjoy legal rights to health and safety at work
requires decriminalization. Decriminalization of sex work requires the repeal of:
a. laws explicitly criminalizing sex work or clients of sex workers;
b. laws that criminalize activities associated with sex work, including removal of offences
relating to: soliciting; living on the earnings of sex work; procuring; pimping; the
management and operation of brothels; and promoting or advertising services;
c. laws that require mandatory HIV or STI testing or treatment of sex workers;
d. laws that authorize the compulsory detention of sex workers for the purpose of reeducation,
rehabilitation or correction.
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