Quick Links:

SWOP-USA

Desiree Alliance

Best Practices
Policy Project

Bayswan

Mandatory Health Testing

Women at Risk: Issues in the Primary Prevention of AIDS in "Female Sex Workers: Scapegoats in the AIDS Epidemic," Cohen Judith B. & Priscilla Alexander (1995), in A O'Leary & LS Jemmott (eds.), New York: Plenum Publishing Corporation.

UN: Women's Anti-Discrimination Committee Examines Netherlands’ Policies on Prostitution, Domestic Violence, Human Trafficking

Protection of sex workers by Goodyear and Cusick
Decriminalisation could restore public health priorities and human rights

Travel Agency: A Critique of Anti-Trafficking Campaigns by Nandita Sharma

The 100% Condom Use Policy: a Sex Workers' Rights Perspective
100% Condom Use Policy (CUP) programmes that aim to reduce HIV among female sex workers are being implemented or planned in several countries in Asia, Latin America and Africa. As a result of claims made about the role of 100% CUP in reducing national HIV epidemics, UNAIDS and other key agencies promote the programmes as a "best practice". The NSWP has a different view of the theory and practice of 100% CUP. Our view is based on ethical analysis and on real evidence from the field.

Licensing Sex Work: Public Policy and Women’s Lives by Jacqueline Lewis and Eleanor Maticka-Tyndale  (outside link to pdf

This paper is a culmination of a two year research study in 10 countries by Anti-Slavery International on how to ensure that governments place victim protection at the core of their anti-trafficking policies. The research found that trafficked persons who escape their situation often find themselves victimised again as a result of the treatment they receive at the hands of the authorities.

Increasingly, governments have responded to trafficking through restrictive immigration policies. These not only render migrants more vulnerable to traffickers, but often lead to trafficked persons being swiftly returned to their home countries to the same conditions they left in the first place.

The research found that the countries which fared better in prosecuting traffickers for various crimes (Belgium, Italy, Netherlands and United States) were the four countries which also had the most comprehensive measures for assisting victims, including temporary residency permits for those prepared to testify against their traffickers.

The policy implications of the research findings include:

• all persons suspected of being trafficked should be given have at least a 'reflection delay' of three months. The delay must be accompanied by access to specialised services of a non-governmental organisation that can ensure appropriate housing, legal, medical, psychological and material assistance are provided
• documents authorising temporary residency should be issued immediately (within 24 hours) to ensure trafficked persons have access to these services straight away
• all States need to fund shelters for trafficked persons, and fund and provide victim and witness protection
• temporary residency status should be available to all trafficked persons who have suffered serious abuse in countries of destination, or would suffer harm if they were to return home, or who are assisting in investigations or prosecutions of traffickers (this is not the case in countries such as Belgium, Netherlands, Poland, Thailand, United Kingdom and United States which only allow those victims who are willing to assist with investigations and prosecutions the right to temporary stay)
• for those trafficked persons who seek access to justice and are willing to testify against their traffickers, extensive witness protection measures are required
• in civil law countries, the victim should have their own lawyer or legal advocate to represent them in the criminal case. This is especially important to ensure victims have access to legal redress and compensation

Anti-Slavery International's research has found there is a growing awareness at all levels of the need for a human rights framework to combat trafficking most effectively. The report makes 45 recommendations regarding ten specific thematic areas: general; investigation and prosecution of traffickers; contradiction between laws concerning undocumented migrants and those affecting trafficked persons; residency status for trafficked persons; protection from reprisals; in-court evidentiary protection; recovery and assistance measures; role of lawyers; legal redress and compensation; and return and repatriation.

Unfortunately, the current models of protection offered to trafficked persons too often prioritise the needs of law enforcement over the rights of trafficked persons. Often 'protection' still means repression of victims' rights. The paper calls for victim protection to be redefined and reworked so that it means supporting and empowering those who have been trafficked.

This policy brief from CHANGE, examines the implications of the United States (US) Global AIDS Act, which bars the use of federal funds to promote, support or advocate the legalisation or practice of prostitution. The brief outlines how these policies and restrictions have numerous adverse implications for effective HIV prevention and the promotion of human rights and public health. The restrictions prevent recipients from using best practices to prevent the spread of HIV among marginalised populations and undermine efforts to promote fundamental human rights of all persons. The broad language of the restrictions increases the risk of self-censoring or stopping effective programmes for fear of being seen as supporting or promoting prostitution. The policy exacerbates stigma and discrimination against already marginalised groups and contravenes fundamental rights to freedom of speech.

The brief requests that the US Department of Justice reconsider its interpretation on the application of the restrictions of the Global AIDS Act, ensuring that it is consistent with US and international human rights laws and public health norms. Other requests include: instituting a practice of consultation with a broad range of experts before an agency or office issues programme directives; and ensuring that all scientific and programme evidence is regularly reviewed by experienced researchers and programme managers. [adapted from author]

This paper from the Swedish Ministry of Foreign Affairs Expert Group on Development Issues calls for a new approach to sexuality and development. It argues that development policy has mainly concentrated on reproductive issues, or on the negative aspects of sexuality such as HIV infection and sexual violence. While these remain as significant challenges, it is also important to promote the right to sexual pleasure and fulfilment. There has been a tendency to ignore the connection between sexuality and poverty, and the paper argues that analysing this connection should be included in all policy and programmes tackling poverty.

The paper recommends that policymakers build on the existing positive sexual rights framework and support people’s right to sexual fulfilment, pleasure and well-being. As well as being an important right in itself, a sexual rights approach can also play an important role in promoting safer sex and reducing HIV transmission. It is important to acknowledge the role of power relations based on gender, class and race in the construction of sexuality and to promote equality in all sexual relationships. The paper recommends a democratic, inclusive approach to developing policy and programmes on sexuality. Stigmatised groups such as LGBT (lesbian, gay, bisexual and transgender) communities and sex workers should be supported by finding out what they themselves want rather than having Western models imposed on them.

The 100% condom use programme for sex workers is advocated by the WHO as important in STI (including HIV) prevention. This document provides details of how to asses outcomes and progress of these programmes.

The publication emphasizes the four main indicators to monitor and evaluate the 100% condom use programme in entertainment establishments. These indicators aim to quantify or measure the magnitude of progress toward achieving the objectives of the programme and give an indication of magnitude or direction of change over time. The indicators are:

• number of condoms distributed to outlets
• proportion of sex workers reporting condom use during last sex with client
• proportion of young female sex workers with HIV infection
• proportion of young female sex workers with chlamydial infection,/UL>

  Detailed instructions are given on how to carry out a study, with information on sampling, staff requirements, laboratory needs etc.

This study examines the factors that lead to the exploitation of trafficked women and children. It assesses attitudes of employers of domestic workers in Sweden, Thailand, India and Italy and clients of sex workers in Denmark, Thailand, India and Italy.

The report suggests that three related factors are key to explaining the exploitative conditions experienced by many migrant domestic and sex workers: the unregulated nature of the labour market segments in which they work; the abundant supply of exploitable labour; and the power and malleability of social norms regulating the behaviour of employers and clients. It emphasises that the continued expansion of any unregulated market is likely to require and facilitate the exploitation of vulnerable labour.

Policy implications include:

• it is necessary to attempt to regulate markets and also address areas of vulnerability, such as immigration and citizenship status, lack of access to support networks and economic status
• states can significantly change markets and the possibilities for exploiting unfree labour, for example through steps to limit workers’ dependence on employers for the right to stay. Expanding opportunities for women to legally migrate would help to reduce the “push” into the domestic and sex sectors. Non-state actors also have a role to play in networking and facilitating the organising of migrant women in these sectors
• policy makers need to pay much closer attention to the unintended and negative consequences of legislating prostitution or of regulating (or the lack of it) domestic work and care services, and of immigration and citizenship laws for different groups involved. There is a need for coordinated thinking across different policy areas.

This report presents research conducted in Kazakhstan in 2002 to demonstrate that officials routinely harass and discriminate against injection drug users and sex workers, compounding their already marginalised status and reinforcing their reluctance to use AIDS-related health services, including needle exchange

The paper argues that while on the one hand, some state health facilities have attempted to reach out to drug users and other high-risk groups by offering prevention and care services, other state actors, in particular law enforcement agents, dissuade persons at risk from taking advantage of these services through repressive practices. Other vulnerable persons, including men who have sex with men, and those already living with AIDS, are similarly deeply stigmatised and marginalised

The paper makes recommendations to the government of Kazakhstan on HIV/AIDS, international human rights conventions and on law enforcement conduct. It also makes recommendations to the National AIDS Program, U.N. agencies and other multilateral and bilateral donors, the European Union and Member States, the United States, the European Bank for Reconstruction and Development.

Recommendations to the government of Kazakhstan on HIV/AIDS include:

• implement fully and as soon as possible the decision announced by the government in July 2002 to rescind the policy of mandatory testing of all persons in government detention. Review the proposed replacement policy on voluntary testing against the United Nations International Guidelines on HIV/AIDS and Human Rights, with particular attention to safeguarding the provision of voluntary and confidential HIV testing and minimising the use of mandatory HIV testing by the state
• discontinue the registration of HIV-positive persons by government offices and any other practice that violates an individual's right to confidentiality about HIV status
• discontinue the practice of isolation of HIV-positive prisoners
• discontinue the practice of confiscating official identification papers of detainees, drug users and persons living with HIV/AIDS
• amend Article 14(2) of the Constitution of the Republic of Kazakhstan on non-discrimination or issue a policy or official edict to interpret the article to ensure that no person can be discriminated against based on HIV status or sexual orientation. Similarly, specify that all persons regardless of HIV status should enjoy equality before the law, as noted in Article 14(1)
• ensure the prompt review of HIV/AIDS legislation and regulations being undertaken by the government and the use of international standards
• establish humane treatment services for narcotics addiction
• at AIDS centres, skin and venereal disease hospitals and other health facilities, establish health services for persons at risk of and living with HIV/AIDS according to the standards of the U.N. International Guidelines on HIV/AIDS and Human Rights, with particular attention to confidentiality of HIV testing and non-mandatory HIV testing with appropriate counselling. Eliminate all practices by government authorities at these centres and facilities that violate the right to confidentiality of HIV testing and to non-mandatory HIV testing

This report, from Save the Children (SC), explores the links between commercial sex work and food security in a fishing community in northern Zimbabwe. The authors found that one of the coping strategies for women during periods when they had little or no income or food would be to engage in commercial sex work (CSW). The authors argue that sex work needs be viewed form a livelihoods perspective if the underlying factors of sex work are to be addressed. Existing SC programming focuses more on the provision of information, education and condoms in order to reduce the risk of HIV transmission through commercial sex, rather than on livelihoods-related aspects.

The authors suggest two basic ways in which livelihoods programming could influence CSW. In order to prevent women from entering CSW, large-scale interventions such as SC food aid programmes could potentially have a role in supporting livelihoods and therefore help to reduce the need for women to engage in sex work. For those already engaged in CSW, but seeking a way out, income-generating projects should be considered. The authors also argue that promoting ‘safe sex’ to those engaged in CSW does not work because women are not in a position to negotiate condom use and, indeed, can make more money by not using condoms. The authors suggest that SC review its delivery channels for condom delivery and use and take these livelihood factors into consideration.

In UN Conventions, prostitution is often defined as a human rights violation on a level with slavery. A recent research report issued by Anti-Slavery International argues against such identification and calls for a redefinition of prostitution as sex work. Studies revealed that prostitutes, or sex workers, face working conditions that are similar in nature to those experienced by others working in low status jobs in the informal sector. The researcher examines existing human rights and labour standards and suggests that these should be extended to cover sex work in order to provide protection from abuse in many forms.