SEX WORK AND THE LAW - HIV/AIDS Data Hub

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8 SUSPECTED SEX WORKERS HIDE THEIR FACES AFTER BEING ROUNDED UP BY POLICEMEN IN GUANGZHOU, THE CAPITAL Caption CITY OF for GUANGDONG photo herePROVINCE, JULY 4, 2003. SOURCE: REUTERS/CHINA PHOTOS.
Introduction 1 INTRODUCTION 1.1 Objectives and method The objectives of this study are to: i. describe the diversity of laws that affect HIV responses among sex workers in the Asia Pacific region; ii. assess the impact of laws, legal policies and law enforcement practices on HIV responses for sex workers; and iii. provide recommendations for actions required to create enabling legal and policy environments for HIV responses among sex workers. The report is intended to provide an evidence-base for: policy makers working in government, regional and multilateral organizations; parliamentarians; members of the judiciary; civil society organizations; donor agencies; and sex workers and their organizations engaged in advocacy to improve the legal and policy enabling environment for HIV responses. The study focuses on 48 countries of the Asia Pacific region, with an emphasis on low and middle-income countries. The first Asia and the Pacific Regional Consultation on HIV and Sex Work (2010) highlighted the need to document law and enforcement practices so as to inform advocacy and programming to address the human rights of sex workers. 2 In response, the United Nations Development Programme (UNDP) provided support for this study and a related legal mapping project implemented by the Paulo Longo Research Initiative (PLRI). PLRI has conducted mapping studies of sex work legal issues in Fiji, Malaysia and Myanmar. The method for this study involved: i. a literature review of legislation, cases, published research and grey literature; 3 and 2 See: Creating an Enabling Legal and Policy Environment for Increased Access to HIV & AIDS Services for Sex Workers, Paper for the 1st Asia and the Pacific Regional Consultation on HIV and Sex Work, 12-15 October 2010, Pattaya, p.5; APNSW, UNFPA, UNAIDS (2011) Building partnerships on HIV and sex work, Report and recommendations from the first Asia and the Pacific Regional Consultation on HIV and Sex Work p.7. 3 Utilizing databases of: UNAIDS HIV and AIDS data hub for Asia Pacific (www.aidsdatahub.org); AIDSlex (www.aidslex.org); Paulo Longo Research Initiative (www.plri.org); and google searches of peer review and grey literature published since 2000. 9
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 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
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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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standard operating procedures of la
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If sex work is conducted in a ‘pr
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Suppression of Human Trafficking Ac
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According to the Empower Foundation
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and STD awareness, limited access t
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including sex workers, on a volunta
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2010. 584 A raid in 2011 by police
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The National Programme aims to free
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6.11.3 Efforts to improve the legal
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TRANSGENDER SEX WORKER, SHEENA, HAS
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antibodies. Certification may engen
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continued Sub-region / country / te
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continued Sub-region / country / te
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7.3 Kiribati Legal SEX WORK IN PRIV
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The HIV/AIDS Decree 2011 provides t
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in building community and liaise wi
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provide a place to work or to prote
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of discrimination and police brutal
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Another man described a raid on the
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and key populations, including sex
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The purpose of this Act is to decri
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Laws State / Territory Legislation
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programmes. 696 New South Wales dec
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testing increased, with the regular
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ANNEX I: SELECT BIBLIOGRAPHY Abel G
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National Network of Sex Workers and
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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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