SEX WORK AND THE LAW - HIV/AIDS Data Hub
SEX WORK AND THE LAW - HIV/AIDS Data Hub
SEX WORK AND THE LAW - HIV/AIDS Data Hub
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Theme: Economic Rights/Right to Livelihood<br />
Helpful<br />
<br />
<br />
(Cambodia) The Constitution provides for the ‘right to livelihood’. Awareness of this<br />
right should mean sex workers / entertainment workers can use the Constitution to<br />
push for rights as workers.<br />
While corruption can be harmful, it can also be helpful in the sense that it can ensure<br />
your right to livelihood (by allowing you to pay a bribe and continue to work despite<br />
illegality).<br />
Harmful<br />
<br />
<br />
<br />
<br />
(Fiji) New Crime Decree means that clients and people knowingly living off earnings<br />
of a sex worker (as well as sex workers) can be prosecuted.<br />
UN Protocol on Trafficking.<br />
(Nepal) Sex workers do not have inheritance rights.<br />
(Nepal) If your employer finds out you are a sex worker you are denied job<br />
opportunities, people do not want to hire sex workers.<br />
Theme: Access to Justice<br />
Helpful<br />
<br />
In many countries constitutional and legal rights exist – programmes need to<br />
capitalize on this and provide educational initiatives to allow people to realize these<br />
rights, (e.g., Thailand: you cannot force anyone to have an <strong>HIV</strong> test, nor discriminate<br />
against them because they are <strong>HIV</strong> positive). Increased awareness of legislated rights<br />
can support community to advocate for recognition and enforcement of these rights.<br />
Harmful<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
(Indonesia) No proper screening during raids, so everyone is considered a criminal.<br />
No access to legal services.<br />
Entrapment/corruption from police/authorities who are using regulations concerning<br />
child abuse, human trafficking and smuggling against individuals.<br />
Distinctions are not made between the choice to carry out sex work, and coerced<br />
trafficking.<br />
Government of USA (PEPFAR) places restrictions on funding NGOs that provide<br />
support to law reform.<br />
(South Korea) Criminalization of sex work makes sex workers much more vulnerable<br />
in relationships with brothel owners or customers.<br />
(Malaysia) Division between sharia and civil law impedes work on issues involving sex<br />
workers.<br />
(Nepal) If you work with sex work community, e.g., as a health worker, peer outreach<br />
worker, doctor, you can be harassed or arrested.<br />
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