SEX WORK AND THE LAW - HIV/AIDS Data Hub

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The information contained in this report is drawn from multiple sources including consultation responses, an extensive literature review and expert inputs. While every effort has been taken to ensure accuracy at the time of publication, errors or omissions may have occurred. Laws, policies and law enforcement practices are constantly changing. It is hoped that the report will provide a baseline of information, to inform more detailed efforts at country level to build an accurate and complete evidence base to inform efforts to address the health and human rights of sex workers. The views expressed in this publication are those of the authors and do not necessarily represent those of the United Nations, including UNDP, or UN Member States. UNDP partners with people at all levels of society to help build nations that can withstand crisis, and drive and sustain the kind of growth that improves the quality of life for everyone. On the ground in 177 countries and territories, we offer global perspective and local insight to help empower lives and build resilient nations. Copyright © UNDP 2012 ISBN: 978-974-680-343-4 United Nations Development Programme UNDP Asia-Pacific Regional Centre United Nations Service Building, 3rd Floor Rajdamnern Nok Avenue, Bangkok 10200, Thailand Email: aprc.th@undp.org Tel: +66 (0)2 304-9100 Fax: +66 (0)2 280-2700 Web: http://asia-pacific.undp.org/ Design: Ian Mungall/UNDP. Photos: UN Photo (p. 114), Getty images (p. 172), Reuters (p. x, 8, 20, 32, 40, 90). Cover photo: Sex workers, wearing traditional costumes, attend a protest against the police crackdown on brothels in Chuncheon, about 100 km (62 miles) northeast of Seoul May 31, 2011. Reuters/Lee Jae Won.
SEX WORK AND THE LAW IN ASIA AND THE PACIFIC Laws, HIV and human rights in the context of sex work John Godwin October 2012 UNDP Asia-Pacific Regional Centre and UNFPA Asia Pacific Regional Office, in partnership with UNAIDS, Asia Pacific Network of Sex Workers (APNSW) and: Shishuder Jonno Amra and Tree Foundation, Bangladesh; Women’s Network for Unity (WNU), Cambodia; China Sex Worker Organization Network Forum, China; Survival Advocacy Network, Fiji; Durbar Mahila Samanwya Committee (DMSC), India; Indonesian Social Changes Organization (OPSI), Indonesia; Asia-Pacific Transgender Network (APTN) Malaysia; Population Services International Targeted Outreach Program (PSI/TOP), Myanmar; Blue Diamond Society (BDS) and Jagriti Mahila Maha Sangh (JMMS), Nepal; Friends Frangipani PNG; Empower and SWING, Thailand. Empowered lives. Resilient nations.
Page 1: 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 22 and 23: 8 SUSPECTED SEX WORKERS HIDE THEIR
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
Page 74 and 75:
4.4.2 Law enforcement practices Pol
Page 76 and 77:
A study of 673 female sex workers i
Page 78 and 79:
Kotiswaran has conducted a detailed
Page 80 and 81:
involving power analysis, implement
Page 82 and 83:
HIV/AIDS coordination committees we
Page 84 and 85:
…The community mobilization effor
Page 86 and 87:
The DMSC approach has reduced the n
Page 88 and 89:
4.5 Maldives Illegal SEX WORK IN PR
Page 90 and 91:
4.6.1 Laws The Trafficking and Tran
Page 92 and 93:
false arrest for carrying condoms,
Page 94 and 95:
2. The government, donors and UN ag
Page 96 and 97:
Section 371A and Section 371B of th
Page 98 and 99:
Sex workers are routinely harassed
Page 100 and 101:
fine. 261 An ‘incorrigible rogue
Page 102 and 103:
The UN Committee on the Elimination
Page 104 and 105:
90 Caption for photo here SEX WORKE
Page 106 and 107:
TABLE 2: LEGALITY OF ADULT SEX WORK
Page 108 and 109:
or accommodates a woman for sex wor
Page 110 and 111:
there are many illegal practices pe
Page 112 and 113:
of police misconduct reported by se
Page 114 and 115:
All pilot projects recognized that
Page 116 and 117:
5.3 Hong Kong Special Administrativ
Page 118 and 119:
5.4.1 Laws Sex work in private is l
Page 120 and 121:
In 2011, the Legislature amended th
Page 122 and 123:
y a television crew, which then bro
Page 124 and 125:
others, inducing a person to be a s
Page 126 and 127:
STI examinations show a rapid decre
Page 128 and 129:
A SEX WORKER STANDS IN A DOORWAY AT
Page 130 and 131:
deportation, with limited access to
Page 132 and 133:
6.2 Cambodia 371 Legal SEX WORK IN
Page 134 and 135:
Prior to 2008, research documented
Page 136 and 137:
5. Targeting of sex workers reduced
Page 138 and 139:
involved in drug use, special inter
Page 140 and 141:
educate about the situation of sex
Page 142 and 143:
such as streets and parks are a bar
Page 144 and 145:
of Rp 5000 before leaving.…Securi
Page 146 and 147:
100% CUP 100% CUP approaches have b
Page 148 and 149:
young, poorly educated Khmou women
Page 150 and 151:
6.4.3 Efforts to improve the legal
Page 152 and 153:
There are periodic police crackdown
Page 154 and 155:
Several workers in all groups raise
Page 156 and 157:
The government issued an Administra
Page 158 and 159:
Sex workers in many countries have
Page 160 and 161:
of HIV prevention efforts. In the a
Page 162 and 163:
There are also protective laws such
Page 164 and 165:
Other examples of local ordinances
Page 166 and 167:
Sex workers working independently a
Page 168 and 169:
standard operating procedures of la
Page 170 and 171:
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 222 and 223:
Theme: Economic Rights/Right to Liv
Page 224:
ANNEX III: LIST OF ORGANIZATIONS PA
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