|
Mandatory Health Testing (from SWEAT's "Factsheets")
In many countries that have
legalised sex work, sex workers are required by law to have
regular health checks. Only if they have these check ups and are
found to be free of STI's (Sexually Transmitted Infections) can
they work legally as sex workers. Anyone selling sex who has not
been for his/her check up or who does not have a "clean
bill of health" is subject to arrest and prosecution.
The purpose of mandatory health testing is to control the spread
of STI’s, particularly HIV. Sex workers are traditionally
regarded as "vectors of disease" who can potentially
infect a large number of people.
Mandatory Health Checks are not successful in controlling or
preventing the spread of STI's. In fact, evidence has shown that
compulsory health checks create a false sense of security which
causes clients and sex workers to be less vigilant about
practising safer sex and therefore increases the spread of STI's.
Window periods in which infections
cannot be detected
It is common knowledge that certain diseases, such as HIV, can
exist in the body for a certain period without being picked up
in medical tests. The virus can be transmitted during this
period. A client who expects a sex worker to be free of STI's
because he/she has a health certificate stipulating this, may be
more likely to insist on unprotected sex and may become
infected. Mandatory testing thus increases the risk of
contracting HIV rather than minimising this risk.
Violation of rights
The South African Constitution guarantees the right not to be
unfairly discriminated against, the right to dignity, the right
to privacy, and the right to freedom and security of the person.
All these rights would be violated by laws requiring sex workers
to have compulsory checkups.
Furthermore, compulsory testing for HIV
contravenes the HIV/AIDS Charter.
Sex workers are made responsible for the spread of HIV
& STI’s
Requiring sex workers to undergo mandatory health checks places
the responsibility for the transfer of STI's solely with the sex
worker. The medical fact that male clients are more likely to
infect female sex workers is ignored.
By requiring only sex workers to have check
ups, authorities are stating that they are not interested in the
health of the sex worker but are merely concerned with the
health of the client.
Furthermore, by criminalising sex workers who
are infected, authorities discourage sex workers from being
tested.
Records can be used to discriminate against sex workers.
In conjunction with any system of mandatory health checks for
sex workers there needs to be some form of registration of sex
workers, whether this occurs at the clinics or on a national
level. These records can potentially be used to discriminate
against sex workers. For example, if a sex worker applies for
another job, the prospective employer may find out that she has
worked as a sex worker via these records and may discriminate
against her as a result.
Sex workers will best be able to ensure their own health and
insist on safer sex in an environment that promotes voluntary
and confidential health checks and an environment in which they
are not criminalised. It is therefore essential to provide sex
workers with safe access to health and other services.
Original link: http://www.sweat.org.za/index.php?option=com_content&task=view&id=18&Itemid=18#
|
