THE CONDOM QUANDARY

Recommendations

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To the National Health and Family Planning Commission Address the legal and policy barriers that hamper the promotion of condom use among sex workers; improve coordination and cooperation with other departments, especially the public security bureaus. • At national and local levels, establish a Working Group on Sexual and Reproductive Health (SRH) and HIV for Sex Workers, which would consist of representatives from relevant government departments including, but not limited to, public security, health authorities, the All-China Women’s Federation, and CBOs working directly with sex workers. The working group should meet regularly to coordinate and solve concrete issues that impeded sex workers’ access to SRH and HIV health services, such as condom display in entertainment venues, and police confiscation of condoms. • Work together with to the State Administration of Press, Publication, Radio, Film and Television to end depictions of condoms as evidence of prostitution in news reports disseminated through television, film, radio broadcasts, newspapers, magazines, books, the Internet and other media. Train media and reporters on respecting sex workers’ dignity and human rights in reporting. • Work together with the State Administration for Industry & Commerce to formulate supportive policies and provisions that encourage commercial and public service advertisements promoting condom use. Improve sex workers’ access to sexual and reproductive health and HIV services. • HIV programs for sex workers should be designed and implemented in consultation with sex workers. The negative impacts on health of current law enforcement practices should be addressed in the design and evaluation of the programs. Programs should address the issues most relevant to securing sex workers’ right to health. • Support STI and HIV intervention programs led by sex workers and CBOs; provide voluntary and rights-based outreach, peer education, counseling, testing and other services. To the National People’s Congress Reform punitive laws, policies and law enforcement practices to protect sex workers’ rights. • Reform the punitive legal framework on sex work; move towards decriminalization of sex work; withdraw laws and regulations that prohibit consenting and voluntary adults from buying or selling sexual services; ensure safe working conditions for sex workers. 66
• Abolish articles in the Criminal Law relating to “intentionally spreading sexually transmitted diseases,” and abolish phrases relating to “cracking down on prostitution” in HIV prevention documents. To the Chinese government Strengthen sex workers’ access to justice and empower them with knowledge of their rights. • Implement community-led empowerment initiatives for sex workers, and create mechanisms to enable local governments, sex worker organizations and other interested civil society groups to create environments conducive to sex workers rights, including network building among sex workers for peer support to prevent and mitigate the effects of violence. • Ensure sex workers’ access to legal literacy programs and legal aid services, including through the training of legal aid providers on sex workers’ rights and establishing networks of paralegal peers to provide legal support. • Support sex worker-led organizations to conduct systematic documentation of human rights violations and discrimination against sex workers, forging partnership with other key population networks, local leaders, and the media for a stronger national advocacy to protect the rights of sex workers. 67
Page 1 and 2:
THE CONDOM QUANDARY: A Study of the
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THE CONDOM QUANDARY: A Study of the
Page 6 and 7:
Executive Summary The State allows
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in sex work also reported being sub
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6. Police searches and confiscation
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To the Ministry of Public Security
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Chapter 1: Introduction 10
Page 16 and 17:
Furthermore, the sexual and reprodu
Page 18 and 19:
Therefore, providing HIV services a
Page 20 and 21: Chapter 2: Methodology 16
Page 22 and 23: For those survey respondents who re
Page 24 and 25: Chapter 3: The Legal Environment fo
Page 26 and 27: also constitutes arbitrary detentio
Page 28 and 29: momentum, many local governments ta
Page 30 and 31: Chapter 4: HIV, Condoms, and Public
Page 32 and 33: Table 2: Coverage of HIV services f
Page 34 and 35: National Condom-related Policies Pu
Page 36 and 37: Illegal Rental Unit, 1,000 Condoms
Page 38 and 39: Chapter 5: Key Findings and Discuss
Page 40 and 41: For survey respondents who experien
Page 42 and 43: For those who did not use condoms w
Page 44 and 45: Table 7: Consistent use of condoms
Page 46 and 47: ooms, sex work establishments, or a
Page 48 and 49: Having a large number of condoms in
Page 50 and 51: Other sex workers had similar exper
Page 52 and 53: Verbal humiliation: Seven interview
Page 54 and 55: We put condoms in several different
Page 56 and 57: Street-based sex workers said they
Page 58 and 59: These crackdowns always bring a tem
Page 60 and 61: Many small hotels, hostels and ente
Page 62 and 63: Chapter 6: The “Probative Value
Page 64 and 65: possession of condoms. In May 2014,
Page 66 and 67: Chapter 7: Conclusions and Recommen
Page 68 and 69: The 100% Condom Use Program, which
Page 72 and 73: Glossary Key populations: (1) Gay m
Page 74 and 75: CBO: Community based organization A
Page 76 and 77: Annex 1: Best Practice on Meaningfu
Page 78 and 79: these communities to see beyond the
Page 80 and 81: Annex 2: Raw data from Table 3-8 in
Page 82 and 83: Table 7: Consistent use of condoms
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THE CONDOM QUANDARY

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