SEX WORK AND THE LAW - HIV/AIDS Data Hub

1.2 Laws that criminalize sex work and the sex industry should be reviewed, taking
into account the adverse impacts of punitive laws on HIV responses and the
human rights of sex workers. To enable sex workers to fully enjoy rights to health
and safety in the workplace requires decriminalization. Decriminalization of sex
work requires the repeal of:
a. laws explicitly criminalizing sex work or clients of sex workers;
b. laws that criminalize activities associated with sex work, including removal of
offences relating to: soliciting; living on the earnings of sex work; procuring;
pimping; the management and operation of brothels; and promoting or
advertising services;
c. laws that require mandatory HIV or STI testing or treatment of sex workers;
d. laws that authorize the compulsory detention of sex workers for the purposes
of re-education, rehabilitation or correction.
1.3 Human trafficking laws should be reviewed to ensure that they do not criminalize
consenting adults voluntarily engaged in sex work.
1.4 Laws should support the right of sex workers, including those living with HIV,
to access health and welfare services without discrimination. Legislation should
provide sex workers with the right to comprehensive sexual and reproductive
health services, including for migrant sex workers.
1.5 Laws and policies (such as the requirement to possess an identity card to access
essential health services or accommodation) should be reviewed to ensure that
they do not prevent sex workers from traveling, inheriting property, accessing
benefits or exercising full citizenship rights.
1.6 Governments should prohibit discrimination on the grounds of a person’s
occupation as a sex worker particularly in areas of: employment; access to
services including health care; education; accommodation; travel; provision of
identity documents; and access to welfare services.
2. Support to leadership, community empowerment and advocacy
2.1 Governments and donors should support sex workers and their organizations
to participate in law and policy reform processes and to engage in advocacy on
legal and human rights issues. Sex workers’ organizations should be resourced to
implement community empowerment programmes and to provide peer-based
advocacy on legal and human rights issues. Capacity building for sex workers
should include training in legal literacy, human rights, policy, advocacy and
leadership skills.
2.2 Governments, donors and UN agencies should engage with sex worker
organizations, including national and regional networks of sex workers, as
partners to inform policies and programmes relating to legal and human rights
issues. Governments should work in partnership with sex worker organizations
to develop non-judgmental, rights-based and evidence-based laws, policies and
programmes.
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