SEX WORK AND THE LAW - HIV/AIDS Data Hub

Despite the Court’s ruling, a study of street-based sex workers conducted in 2004 found
that some sex workers were still being ordered by courts to be detained in Vagrants’
Homes. 80
Voter identification rights
In 2010, sex workers sought to challenge a government decision to exclude ‘prostitution’
as a profession on new voter cards on the grounds that it prevents sex workers from
accessing HIV prevention and health care. 81 The Bangladesh Election Commission
announced that ‘prostitution’ would be recognized as a
profession on new voter identification cards. The Commission
“A STUDY CONDUCTED
IN 2009 FOUND 46
PERCENT OF A SAMPLE
OF SEX WORKERS FACED
HARASSMENT IN THE LAST
MONTH.”
Right to education
reversed its decision after pressure from conservative religious
groups. The Election Commissioner said the term ‘sex worker’
was omitted due to the Bangladesh Constitution, which states
that ‘gambling and prostitution’ should be discouraged. Civil
society groups are seeking to challenge this decision on the
basis that Article 40 of the Constitution gives citizens (including
sex workers) the right to ‘enter upon any lawful profession or
occupation’. Identification cards are necessary to open a bank
account, apply for a passport and to register property.
It has been observed that few children of sex workers attend government schools, but a
significant number attend schools operated by NGOs or private schools. The main reason
for ineligibility for government schooling is lack of a known father for the purpose of birth
registration. 82
4.2.2 Law enforcement practices
Although there is no law expressly prohibiting sex work, other laws are used by the police
to arrest, detain, evict and harass sex workers. Street-based sex workers are more at risk of
violence, harassment and police abuses than brothel-based workers. Human Rights Watch
has documented numerous cases of sex workers who have experienced police abuses,
including rape and assaults. Prosecutions rarely followed the arrests of sex workers. Arrests
of sex workers were often reportedly used as means of extortion. Sex workers reported
being held until a bribe was paid for their release. 83
A study conducted in 2009 found 46 percent of a sample of sex workers faced harassment
in the last month. The perpetrators were mostly police (52 percent), local thugs (38
percent) and clients (27 percent). Seventy eight percent of the hotel based female sex
workers, 55 percent street based female sex workers and 33 percent residence based
female sex workers mentioned police as key perpetrators of harassment. Street based
female sex workers reported the highest rate of harassment (51 percent). 84
80 Terre des hommes (2005), Brothel-based and Floating Sex Workers in Bangladesh. Living Conditions and
Socio-Economic Status. Italy: Terre des hommes, pp.77, 83.
81 Mixed messages on sex work undermine HIV prevention, IRIN News, 12 October 2010.
82 Terre des hommes (2005), op cit.; see also Jenkins C., op. cit. p.212.
83 Human Rights Watch (2003), Ravaging the vulnerable. New York: Human Rights Watch.
84 Report of Mapping Geographical and Current Service Delivery Gaps and Estimating Size of Street, Hotel and
Residence Base Female Sex Workers in 29 Selected Districts of Bangladesh, National AIDS/STD Program, p. 7
48