SEX WORK AND THE LAW - HIV/AIDS Data Hub

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Theme: Economic Rights/Right to Livelihood Helpful (Cambodia) The Constitution provides for the ‘right to livelihood’. Awareness of this right should mean sex workers / entertainment workers can use the Constitution to push for rights as workers. While corruption can be harmful, it can also be helpful in the sense that it can ensure your right to livelihood (by allowing you to pay a bribe and continue to work despite illegality). Harmful (Fiji) New Crime Decree means that clients and people knowingly living off earnings of a sex worker (as well as sex workers) can be prosecuted. UN Protocol on Trafficking. (Nepal) Sex workers do not have inheritance rights. (Nepal) If your employer finds out you are a sex worker you are denied job opportunities, people do not want to hire sex workers. Theme: Access to Justice Helpful In many countries constitutional and legal rights exist – programmes need to capitalize on this and provide educational initiatives to allow people to realize these rights, (e.g., Thailand: you cannot force anyone to have an HIV test, nor discriminate against them because they are HIV positive). Increased awareness of legislated rights can support community to advocate for recognition and enforcement of these rights. Harmful (Indonesia) No proper screening during raids, so everyone is considered a criminal. No access to legal services. Entrapment/corruption from police/authorities who are using regulations concerning child abuse, human trafficking and smuggling against individuals. Distinctions are not made between the choice to carry out sex work, and coerced trafficking. Government of USA (PEPFAR) places restrictions on funding NGOs that provide support to law reform. (South Korea) Criminalization of sex work makes sex workers much more vulnerable in relationships with brothel owners or customers. (Malaysia) Division between sharia and civil law impedes work on issues involving sex workers. (Nepal) If you work with sex work community, e.g., as a health worker, peer outreach worker, doctor, you can be harassed or arrested. 208
Theme: Access to Health Services Helpful (Philippines) Some local ordinances provide for care and support and access to HIV services for sex workers. Harmful (Thailand/Cambodia) There are constitutional rights to access social security. (Bangladesh, India) Legislation violates human rights and rights to access HIV services. ‘Welfare homes’ and ‘rehabilitation centres’ are sites for further abuse. Stigmatization of sex workers hampers their access to support systems. Annex II: Summary of Regional Consultation group work 209
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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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standard operating procedures of la
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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 218 and 219: National Network of Sex Workers and
Page 220 and 221: Violence from police (e.g., Republi
Page 224: ANNEX III: LIST OF ORGANIZATIONS PA
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