towards unsafe areas, and reduced “bargaining power” of sex workers in choosing
clients and negotiating condom use. 265 It also inhibits sex workers from seeking police
protection against violence. 266
Numerous international agencies have concluded that decriminalization of sex work
and sex worker involvement in policy formation on issues that affect them directly, is
the best way to address human rights violations against sex workers and increase the
access and effectiveness of HIV services. 267
In the 2012 joint report by UNAIDS, UNFPA and UNDP “Sex Work and the Law in
Asia and the Pacific”, the agencies recommended decriminalization as the most
effective way “to enable sex workers to fully enjoy rights to health and safety in
the workplace.”268 Decriminalization was articulated as the repeal of: laws explicitly
criminalizing sex work or clients of sex workers; 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; laws that require mandatory HIV or STI
testing or treatment of sex workers; laws that authorize the compulsory detention of
sex workers for the purposes of re-education, rehabilitation or correction. ” 269
In its 2012 report, the Global Commission on HIV and the Law called for countries
to reform their approach towards sex work, and to decriminalize sex work and sex
work related activities and ensure safe working conditions for sex workers. 270 In its
recommendations for programming for sex workers on HIV and sexually transmitted
infections, WHO, UNFPA, UNAIDS and the Global Network of Sex Work Projects
recommended that all countries work toward decriminalization of sex work and
elimination of unjust application of non-criminal laws and regulations against sex
workers. 271
265 Anand Grover, “Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health,” A/HRC/14/20, April 27, 2010. http://www2.ohchr.org/english/bodies/hrcouncil/docs/14session/A.HRC.14.20.pdf (accessed November
15, 2014).
266 Susanne Y.P. Choi and Eleanor Holroyd, “The influence of power, poverty and agency in the negotiation of condom use for female sex workers in
mainland China,” Culture, Health& Sexuality, September-October 2007, 9(5): 489-503.
267 UNAIDS Reference Group on HIV and Human Rights, “5 Issue Paper for the Session: HIV, sex work and human rights. Fifteenth Meeting, December
4-6 2013,” http://www.hivhumanrights.org/commitmenttohumanrights/wp-content/uploads/downloads/2014/09/5-Sex-work-issue-paper-FINAL-revpost-mtg.pdf (accessed November 15, 2014).
268 UNAIDS, UNFPA and UNDP. “Sex work and the law in Asia and the Pacific,” Geneva, 2012. http://www.undp.org/content/dam/undp/library/
hivaids/English/HIV-2012- SexWorkAndLaw.pdf (accessed November 15, 2014).
269 Ibid
270 Global Commission on HIV and the Law, “Risk, Rights and Health,” July 2012. http://www.hivlawcommission.org/resources/report/FinalReportRisks,Rights&Health-EN.pdf (accessed November 15, 2014).
271 WHO, UNFPA, UNAIDS, NSWP, “Prevention and Treatment of HIV and other Sexually Transmitted Infections for Sex Workers in Low- and Middleincome Countries,” December 2012.
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