SEX WORK AND THE LAW - HIV/AIDS Data Hub

organize within their communities and register their organizations, obtain identification
documents so that they can fully access services and entitlements, engage in advocacy
and respond to the health and safety needs of their peers. Involving sex workers directly
in HIV prevention and sexual health promotion can raise their self-esteem and increase
their trust and confidence in HIV and sexual health services. Sex workers can become
key partners in the HIV response and governments and donors can fund sex worker
organizations to implement rights-based HIV interventions and advocate for their labour
rights. The legal recognition of sex work as an occupation also enables sex workers to
claim benefits, to form unions and to access work-related banking, insurance, transport
and pension schemes.
Licensing and registration models have not proved to be effective
Licensing or registration of the sex industry has been of limited benefit in terms of public
health and human rights outcomes for sex workers. Several jurisdictions have introduced
licensing or registration of brothels, businesses where sex work occurs or individual sex
workers (e.g., Indonesia, Taiwan and several states and territories of Australia). Licensing
or registration systems are usually accompanied by criminal penalties for sex industry
businesses and individual sex workers who operate outside of the legal framework.
Licensing or registration models may provide some health benefits to the small part of
the sex industry that is regulated, but do not improve health outcomes for the broader
population of sex workers. Some countries operate licensing or registration systems
in contexts where sex work remains technically illegal. Examples include STI and HIV
testing requirements under regulations that govern entertainment establishments in
Thailand, Guam and ‘red-light areas’ in the Philippines and the police supervision system
in Singapore. In Bangladesh, registration by affidavit provides some security benefits and
freedom from police harassment for those who register, but without access to health
benefits. Typically, in jurisdictions that have introduced licensing or registration systems
the vast majority of sex workers operate outside of the system. This approach compounds
the marginalization of most sex workers.
Human rights violations may result from licensing models that require compulsory
testing and registration of sex workers with government authorities. Licensing models
may deliver health and safety benefits to some sex workers but have proved problematic
when licensing conditions are too complex and costly to comply with, or invite corruption.
Human rights violations may result from licensing models that require compulsory testing
and registration of sex workers with government authorities. Particularly in settings
where the rule of law is weak, police or licensing authorities responsible for monitoring
compliance may abuse their authority to demand bribes or sexual services.
Communities need to determine their own solutions
Each country needs to define its own priorities in relation to law reform and changes to
law enforcement practices, informed by an assessment of objectives that are realistically
achievable and relevant to the local context. Priorities for countries in which sex work is
organized on a commercial basis are likely to be different from those of countries where
there is no established sex industry.
In countries where there is growing social acceptance of sex work and leaders are willing
to champion the rights of sex workers, decriminalization may be achievable in a relatively
short period. However, in politically conservative countries where political and social
opposition to sex work is deeply entrenched, pressing immediately and publicly for
decriminalization may be counter-productive and could result in a punitive backlash that
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