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THE CONDOM QUANDARY

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The value of addressing HIV in key populations is widely acknowledged and, strategically,<br />

it is considered good practice to address both HIV and the sexual and reproductive health<br />

needs of sex workers to increase the impact and cost-effectiveness of HIV prevention and<br />

response efforts within this population.<br />

1.2 Enabling Environment for an Effective HIV Response<br />

The legal and policy environment has a profound impact on sex workers’ vulnerabilities<br />

to HIV and their access to HIV and SRH-related services. In countries where sex work is<br />

criminalized, the threat of violence, from both clients and police, is a daily reality. In 2011, a<br />

research partnership among United Nations agencies, governments, sex worker community<br />

groups and academics was formed to address gaps in knowledge regarding the links<br />

between sex work, violence, and HIV in Asia. A multi-country qualitative study: The Rights(s)<br />

Evidence: Sex Work, Violence and HIV in Asia was developed, with research carried out<br />

in Indonesia, Myanmar, Nepal and Sri Lanka. The objective of the study was to better<br />

understand female, male, and transgender sex workers’ experiences of violence, the factors<br />

that increase or decrease their vulnerability to violence, and how violence relates to risk of<br />

HIV transmission. Key findings of the research include:<br />

• Sex workers experienced specific types of violence because of their work, such as<br />

sexual extortion and harassment by the police for carrying condoms.<br />

• Police and clients were the most commonly cited people who used violence<br />

against sex workers, across study sites and gender categories.<br />

• Violence against sex workers greatly increased their risk of HIV infection.<br />

Factors that increase sex workers’ exposure to violence include:<br />

• The criminalization of various aspects of sex work and same-sex sex practices,<br />

and existing law enforcement practices that exacerbate violence by police and<br />

clients by giving the police broad powers to arrest and detain sex workers,<br />

promoting impunity, pushing sex work underground, reducing sex workers’ ability<br />

to negotiate safe work practices, and increasing stigma and discrimination.<br />

• A culture of impunity in which perpetrators of violence are not held accountable,<br />

undermining sex workers’ access to justice and creating an environment in which<br />

violence against sex workers is normalized and justified.<br />

• The stigma and discrimination associated with sex work, which allows for violence<br />

against sex workers.<br />

• Gender inequality, whereby violence is used to uphold and reinforce harmful<br />

gender norms and maintain existing power relations.<br />

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