SEX WORK AND THE LAW - HIV/AIDS Data Hub

iii. the report of the Independent Commission on AIDS in Asia (2008), 17 which calls for
decriminalization of sex work, and the report of the Independent Commission on AIDS
in the Pacific (2009), 18 which calls for review of punitive laws affecting sex workers;
iv.
v
commitments made at the 2001 and 2006 United Nations General Assembly Special
Sessions (UNGASS) on HIV/AIDS to removing legal barriers to HIV responses and
passing laws to protect vulnerable populations, 19 and the 2011 UNGASS Political
Declaration on HIV/AIDS, which notes that HIV prevention strategies inadequately
focus on populations at higher risk including sex workers, and calls for the creation of
enabling legal environments for accessing HIV services;
the ILO Recommendation concerning HIV and AIDS and the World of Work, 2010 (No.
200), 20 which is a labour standard of the International Labour Organization (ILO) that
prohibits coerced or compulsory workplace HIV testing and addresses the need to
provide: comprehensive occupational health and safety measures to minimize HIV
risk; prevention and access to treatment; social protection; and protection from
discrimination. Although sex work is not specifically mentioned in the standard, the
Chairperson of the International Labour Conference that adopted Recommendation
200 concerning HIV and AIDS and the World of Work stated that members had made it
clear that informal workers including sex workers were covered by this instrument,
which made it unnecessary to include a specific reference to sex workers in the text; 21
vi. the Report of the UN Special Rapporteur on the Right to Health to the 14 th session
of the Human Rights Council, which calls for decriminalization of sex work involving
consensual sexual conduct between adults (2010); 22
vii. the International Guidelines on HIV/AIDS and Human Rights (2006), which recommend
repeal of discriminatory laws and enactment of anti-discrimination laws and other
protective laws. The commentary provided on the International Guidelines by the UN
Office of the High Commissioner for Human Rights (OHCHR) and UNAIDS state:
With regard to adult sex work that involves no victimization, criminal law should
be reviewed with the aim of decriminalizing, then legally regulating occupational
health and safety conditions to protect sex workers and their clients, including
support for safe sex during sex work. Criminal law should not impede provision
of HIV prevention and care services to sex workers and their clients; 23
viii. statements by Ban Ki-moon, Secretary-General of the United Nations, calling for legal
protections for the human rights of sex workers. 24
17 Commission on AIDS in Asia (2008), Redefining AIDS in Asia. Crafting an Effective Response, New Delhi:
Oxford University Press.
18 Commission on AIDS in the Pacific (2009), Report of the Commission on AIDS in the Pacific-Turning the Tide:
An OPEN strategy for a response to AIDS in the Pacific, Suva: UNAIDS Pacific Region.
19 UNGASS Declaration of Commitment on HIV/AIDS (2001) and UNGASS Political Declaration on HIV/AIDS
(2006).
20 International Labour Organization (2010) Recommendation concerning HIV and AIDS and the World of Work,
2010 (No. 200), Geneva: ILO.
21 International Labour Conference (2010), Provisional Record N§ 13, 99th Session, Geneva, at 192-210.
22 Human Rights Council, Report of the Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health, Anand Grover, A/HRC/14/20, 27 April 2010.
23 OHCHR, UNAIDS (2006) International Guidelines on HIV/AIDS and Human Rights, 2006 Consolidated
Version, Geneva: OHCHR & UNAIDS, fn.2, pp.29, 37.
24 E.g., Ban Ki-moon (2009) Message to mark World AIDS Day 2009. UNAIDS.
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