SEX WORK AND THE LAW - HIV/AIDS Data Hub

example. However, as these programmes have evolved and been replicated in many
countries, they have not necessarily adhered to best practice…
Experience has shown that asking law enforcement officers, health professionals
and sex establishment managers to take the lead on safer sex programming is
counterproductive and can disempower and penalise sex workers. Sex workers and
their clients should be the main implementers and decision-makers in making sex
work safer. Other stakeholders can be useful partners but should not be given an
authority role. 44
2.1.2 Laws, policies and practices that are helpful to
HIV responses
Examples of progress towards a more enabling legal environment for HIV responses to sex
work include:
Court judgments
Decisions of the Supreme Courts of Bangladesh, India and Nepal and the Constitutional
Court of Taiwan recognizing the human rights of sex workers.
In the Karmaskar case (2011), the Supreme Court of India directed the government
to consider providing ration cards and voter identity cards to sex workers. The Court
requested the government to ensure that admission of the children of sex workers to
schools is not hampered.
Policy development
The National HIV Prevention Strategy of Papua New Guinea specifically calls for
decriminalization of sex work to support the HIV response.
The National Strategy on Female Sex Work in Pakistan addresses the need for directives
to prevent confiscation of condoms and to address police violence and harassment.
The Mongolian National Strategic Plan on HIV, AIDS and STIs 2010-2015 commits
to a needs assessment that will examine stigma, discrimination and human rights
violations among sex workers, giving special attention to attitudes among health care
and law enforcement staff and law reform to strengthen the human rights position
of sex workers.
An Order of the Government of Myanmar directs police not to confiscate condoms
as evidence of sex work. Enforcement of the Order is supported by the National HIV
Strategy 2011-2015.
The Ministry of Interior of Cambodia issued a Directive in 2011 that condoms will not
be used as evidence for arrest.
Rules of the Social Security Fund of Thailand enable sex workers to access state social
security benefits for sickness, disability, death, and a pension if they make financial
contributions. 45
44 UNAIDS Advisory Group on HIV and Sex Work (2011) The report of the UNAIDS Advisory Group on HIV and
Sex Work, Geneva: UNAIDS.
45 Lowe D., (2011) Concept note: The role of the International Labour Organization in improving the working
conditions and sexual and reproductive health of sex workers in Thailand, ILO ESEAP Regional Office, unpublished.
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