SEX WORK AND THE LAW - HIV/AIDS Data Hub

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40 NEARLY 2,000 SEX WORKERS SHOUT SLOGANS DURING A TORCH-LIT PROCESSION ON THE EVE OF MAY DAY IN KOLKATA DEMANDING RIGHTS AND RECOGNITION OF THEIR PROFESSION, APRIL 30, 2008.
South Asia 4 SOUTH ASIA 4.1 Overview Nature of sex work in South Asia Sex work in South Asia takes highly diverse forms. It is useful to make a distinction between street-based workers, brothel-based workers, and establishment-based workers who solicit clients from hotels, bars, restaurants, massage parlours and other venues. Some brothel-based workers operate as bonded labourers, some rely on the brothel manager or ‘madam’ for their working conditions, whereas others use pimps to organize clients or work independently. Some commentators describe the category of ‘flying’ or ‘floating’ sex workers, referring to sex workers who do not have a fixed place of business and may meet clients in hotels, in parks, at transport hubs or on the street. ‘Flying’ sex workers include part time sex workers such as students. Call girls or escorts comprise another category of sex workers. There are large numbers of male and transgender sex workers in South Asia. Transgender sex workers are usually street-based. Male sex workers usually work independently or may work through escort services. Male and transgender sex workers often work in public areas such as parks or streets. In Pakistan, it has been observed that sex work has evolved in the last two decades from a predominantly brothel-based culture to a more diverse sector in which women, men and transgender people sell sex in a variety of settings. 54 In Sri Lanka, most sex workers are street-based or operate from shanty dwellings. 55 In addition to street work, some clandestine brothels operate in Sri Lanka and many sex workers work from karaoke clubs or as escorts. There are also culturally-specific sex work practices in South Asia, linked to traditional roles that included provision of sexual services. In Nepal, badi traditionally made a living by dancing and entertaining people at festivals and marriages. More recently badi has become a practice whereby young women are trained to become sex workers as a means of generating income. 56 Parts of India have similar traditional forms of sex work 54 UNAIDS HIV and AIDS Data Hub for Asia Pacific (2011), Sex work and HIV: Pakistan, p.1. 55 Government of Sri Lanka (2010), UNGASS Country Progress Report: Sri Lanka (Jan 2008-Dec 2009). 56 Center for Reproductive Rights (2004), Women of the World: Laws and Policies Affecting their Reproductive Lives - South Asia. New York: Center for Reproductive Rights. 41
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SEX WORK AND THE LAW IN ASIA AND TH
Page 3 and 4: 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 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
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90 Caption for photo here SEX WORKE
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TABLE 2: LEGALITY OF ADULT SEX WORK
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or accommodates a woman for sex wor
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there are many illegal practices pe
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of police misconduct reported by se
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All pilot projects recognized that
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5.3 Hong Kong Special Administrativ
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5.4.1 Laws Sex work in private is l
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In 2011, the Legislature amended th
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y a television crew, which then bro
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others, inducing a person to be a s
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STI examinations show a rapid decre
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A SEX WORKER STANDS IN A DOORWAY AT
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deportation, with limited access to
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6.2 Cambodia 371 Legal SEX WORK IN
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Prior to 2008, research documented
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5. Targeting of sex workers reduced
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involved in drug use, special inter
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educate about the situation of sex
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such as streets and parks are a bar
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of Rp 5000 before leaving.…Securi
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100% CUP 100% CUP approaches have b
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young, poorly educated Khmou women
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6.4.3 Efforts to improve the legal
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There are periodic police crackdown
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Several workers in all groups raise
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The government issued an Administra
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Sex workers in many countries have
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of HIV prevention efforts. In the a
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There are also protective laws such
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Other examples of local ordinances
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Sex workers working independently a
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standard operating procedures of la
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If sex work is conducted in a ‘pr
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Suppression of Human Trafficking Ac
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According to the Empower Foundation
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and STD awareness, limited access t
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including sex workers, on a volunta
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2010. 584 A raid in 2011 by police
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The National Programme aims to free
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6.11.3 Efforts to improve the legal
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TRANSGENDER SEX WORKER, SHEENA, HAS
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antibodies. Certification may engen
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continued Sub-region / country / te
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continued Sub-region / country / te
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7.3 Kiribati Legal SEX WORK IN PRIV
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The HIV/AIDS Decree 2011 provides t
Page 198 and 199:
in building community and liaise wi
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provide a place to work or to prote
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of discrimination and police brutal
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Another man described a raid on the
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and key populations, including sex
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The purpose of this Act is to decri
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Laws State / Territory Legislation
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programmes. 696 New South Wales dec
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testing increased, with the regular
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ANNEX I: SELECT BIBLIOGRAPHY Abel G
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National Network of Sex Workers and
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Violence from police (e.g., Republi
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Theme: Economic Rights/Right to Liv
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ANNEX III: LIST OF ORGANIZATIONS PA
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