SEX WORK AND THE LAW - HIV/AIDS Data Hub

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testing increased, with the regular monthly outreach clinic’s attendance figures dropping from 40 persons a month to two per month as a result of this prosecution. 707 The Australasian Society of HIV Medicine notes that mandatory testing requirements exist in some parts of Australia: Three jurisdictions (Australian Capital Territory, Queensland and Victoria) operate what might be considered a de facto system of mandatory testing of sex workers with resulting exclusion from the sex industry (or sections of it) if a worker refuses to be tested for sexually transmitted infections, including HIV. The structure of legislation and guidelines combine to ensure brothels will only employ sex workers who undergo prescribed tests. 708 For example, in Queensland, a licensee of a brothel must not permit a sex worker to work if infected with an STI, including HIV. It is a defence if the licensee or approved manager believed on reasonable grounds that the person had regular medical examinations and was not living with HIV. 709 Regular medical examinations are defined as occurring every 3 months. 710 In Victoria, quarterly blood tests and monthly swab tests are required. 711 Australia’s 6 th National HIV Strategy refers to evidence that, under a decriminalized and deregulated legislative framework, sex workers have increased control over their work and are able to achieve similar or better health outcomes without the expense and invasiveness of mandatory screening. 712 Principles for Model Sex Industry Legislation Drawing from lessons learned from the different approaches of states and territories, Scarlet Alliance and the Australian Federation of AIDS Organisations has identified Principles for Model Sex Industry Legislation. 713 These can be summarized as follows: Principle 1: Decriminalization, & Principle 2: Sex work is legitimate employment All laws criminalizing the sex industry should be removed and the industry should be regulated through standard business, planning and industrial codes/laws. A decriminalized industry is more open to scrutiny as it is more accessible. Specific sex industry regulations may be considered under certain circumstances where the benefits are the support of occupational health and safety and rights for sex workers. Principle 3: Choice of employment Laws regulating the sex industry should include all sectors of the sex industry and not be directed at forcing sex workers to operate in a limited legal framework. Areas of 707 Menadue D., (2008) Outrage over HIV positive sex worker’s sentence Positive Living 25 November 2008. http://napwa.org.au/pl/2008/11/outrage-over-hiv-positive-sex-worker’s-sentence. 708 ASHM (2011) Guide to Australian HIV Laws and Policies for Healthcare Professionals, http://www.ashm.org. au/HIVLegal 709 Section 89, Prostitution Act 1999 (Qld). 710 Section 9, Prostitution Regulations 2000 (Qld). 711 Sections 19 and 20, Prostitution Control Act 1994 (Vic). 712 Sixth National HIV Strategy 2010–2013, Canberra: Department of Health and Ageing, p.39, citing Abel G., Fitzgerald L., Brunton J. (2009) The impact of decriminalization on the number of sex workers in New Zealand Journal of Social Policy, 38(2): pp.515–531; Donovan B et.al. (2008), The Law and Sex Worker Health (LASH) Project, Australasian Society for HIV Medicine Conference presentation. 713 Banach L., Metzenrath S. (2000), Principles for Model Sex Industry Legislation Sydney: Scarlet Alliance and AFAO. 200
the sex industry that should be lawful include street work, brothel (small and large), escorts, and private work. Principle 4: Occupational Health and Safety Australia The aim of sex industry legislation should be to maximize occupational health and safety provisions for sex workers. In order to maximize occupational health and safety in the sex industry all that is required is the development of guidelines or a legally enforceable code of practice. Occupational health and safety standards cannot be implemented in illegal sectors of the sex industry. Principle 5: Public Health - No Compulsory Testing That public health concerns be met through removing criminal sanctions, so that sex workers can confidentially access health services and promote safe sex practices as an industry standard. Principle 6: Local Planning Laws and Zoning Under local planning laws, sex industry businesses should be treated in a similar manner to other commercial enterprises. This means consistency and continuity in local authority planning decisions. Red-light zones are not acceptable as they segregate the sex industry. Principle 7: Community Attitudes to the Sex Industry It has been shown that the community generally supports sex industry reforms and is realistic about the consequences of attempting to suppress its operation. Anti-discrimination laws In four jurisdictions in Australia, discrimination against lawfully employed sex workers is illegal. 714 However, these laws do not protect sex workers who operate outside of the legal sex industry (e.g., as illegal street-based workers or in unlicensed establishments). A federal law, the Fair Work Act 2009, includes general protections that cover contractors and sub-contractors that apply to sex workers regardless of their status as an employee or contractor. 715 The Fair Work Act 2009 provides opportunities for sex workers and their organizations to seek remedies in an industrial tribunal. 714 Queensland, Australian Capital Territory and Victoria. Discrimination on the grounds of lawful sexual activity is also unlawful in Tasmania, but it is unclear if this covers sex workers: Rees N., Lindsay K., Rice S., (2008) Australian anti-discrimination law: text, cases and materials, Sydney: Federation Press, p.362 715 Section 342. 201
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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
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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
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
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 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
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