SEX WORK AND THE LAW - HIV/AIDS Data Hub

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National Network of Sex Workers and Lawyers Collective HIV/AIDS Unit (2011), Sex Workers Meet Law Makers: Report of a dialogue held at the Constitution Club, New Delhi, 1st March 2011, Lawyers Collective HIV/AIDS Unit. Natividad J., Trinidad A., Billedo C., Templonuevo J. (2011), Sex Work in the time of HIV: Risks and Vulnerabilities in the Philippine Setting, Quezon City: Social Sciences and Philosophy Research Foundation. OHCHR and UNAIDS (2006), International Guidelines on HIV/AIDS and Human Rights, 2006 Consolidated Version, Geneva: OHCHR and UNAIDS. Overs C. (2008), Caught Between the Tiger and the Crocodile: The Campaign to Suppress Human Trafficking and Sexual Exploitation in Cambodia, Asia Pacific Network of Sex Workers. PUCL-K (2003), Human Rights Violations against the Transgender Community: A study of kothi and hijra sex workers in Bangalore, India, Peoples’ Union for Civil Liberties, Karnataka (PUCL-K). RATS-W Team, Empower (2012), Hit and Run: The impact of anti- trafficking policy and practice on sex workers’ human rights in Thailand, Bangkok: Empower. Rao S., Sluggett, C. (2009) Who Stole the Tarts? Sex Work and Human Rights, Center for Advocacy on Stigma and Marginalisation (CASAM). Swendeman D., Basu I., Das S., Jana S., Rotheram-Borus M. (2009), Empowering sex workers in India to reduce vulnerability to HIV and sexually transmitted diseases, Soc Sci Med. 69(8):1157-66. Tucker J., Ren X., Sapio F., (2010) Incarcerated sex workers and HIV prevention in China: social suffering and social justice countermeasures, Soc Sci Med., 70(1) 121-9. Tucker J., Ren X. (2008), Sex worker incarceration in the People’s Republic of China, Sex Transm Infect 84:34-35. UNAIDS Advisory Group on HIV and Sex Work (2011), Report of the UNAIDS Advisory Group on HIV and Sex Work: December 2011, Geneva: UNAIDS. UNAIDS (2009), Guidance Note on HIV and Sex Work, Geneva: UNAIDS. Wilson E., Pant S., Comfort M., Ekstrand M. (2011), Stigma and HIV risk among Metis in Nepal, Cult Health Sex,13(3): 253–266. 204
ANNEX II: SUMMARY OF REGIONAL CONSULTATION GROUP WORK This is a summary of the laws, policies and practices that were identified by sex workers attending the Regional Community Consultation on legal environments and sex work convened by APNSW, UNDP, UNFPA, UNAIDS (22-23 November 2011). Theme: Status and Identity Helpful The Supreme Court has recognized third gender status (Nepal), and other countries are considering legal recognition of transgender status (Bangladesh). Harmful Annex II: Summary of Regional Consultation group work (Thailand) Health card infringes on people’s privacy (we want the right kinds of recognition, not the wrong ones). (Nepal) Children of sex workers denied registration in schools. Article 6 of CEDAW states that governments should do whatever necessary to stop exploitation in prostitution (which in theory could be helpful, but in current form it is badly written and should be changed). (Philippines) Confusion regarding harmful local ordinances. ‘Toleration’ of sex work comes at the city government level. While some cities have very positive initiatives, other cities have ordinances which make the situation much worse and more confusing in terms of defining the specific laws, policies and enforcement practices that apply. Sex workers considered as a ‘social disease’. (Republic of Korea) Legislation labels sex workers as ‘morally corrupt’ people. Theme: Safety and Security Helpful (India) Establishment of a self-regulatory board. In cases of trafficking, sex workers can play an important role in self-regulation. Harmful Entrapment and raids. Lack of legal protections for sex workers to own house, property, business. (Nepal) Difficulties in accessing funding from donors for programmes to protect and promote the rights of sex workers when sex work is illegal. Stigmatization of sex workers prevents access to police to report violence. 205
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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
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Other examples of local ordinances
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Sex workers working independently a
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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 214 and 215: testing increased, with the regular
Page 216 and 217: ANNEX I: SELECT BIBLIOGRAPHY Abel G
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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