SEX WORK AND THE LAW - HIV/AIDS Data Hub

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