The Global Fund has established Codes of Conduct which employees, resource recipients, suppliers, Country Coordinating Mechanism (CCM) members, and governance officials must uphold while carrying out their work. One of the requirements, which applies to all parties under these codes, is to prohibit ‘sexual exploitation.’ Due to widespread conflations of sex work with ‘sexual exploitation,’ however, there is concern that this provision may be misinterpreted to exclude sex workers.
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The right to participation in public and political life is enshrined in international human rights law. Broadly, ‘public life’ refers to the realm in which political processes and activities occur. Participation in public life can be formal or informal, taking place from the grassroots to global levels. Through diverse forms of engagement in public life, sex workers have successfully influenced policies, programmes, practices, and discussions which affect their lives.
This Briefing Note outlines the problems with the conflation of the term 'sexual exploitation' with sex work, and how this exacerbates harms to sex workers.
Associations between sex work laws and sex workers’ health: A systematic review and meta-analysis of quantitative and qualitative studies
This systematic review and meta-analysis, led by the London School of Hygiene and Tropical Medicine (LSHTM), has found that sex workers who have experienced 'regressive policing' (including arrest, extortion and violence from police), are three times more likely to experience sexual or physical violence. The study examines the impacts of criminalisation on sex workers’ safety, health, and access to services, using data from 33 countries. Sex workers' health and safety was found to be at risk not only in countries where sex work was criminalised, but also in Canada, which has introduced the “Nordic model”, where purchasing sex is specifically criminalised.
Yale Global Health Justice Partnership (GHJP) has released two complementary analyses on prostitution “diversion” programs (PDPs) in the USA: Diversion from Justice: 'A Rights-Based Analysis of Local ‘Prostitution Diversion Programs’ and their Impacts on People in the Sex Sector in the United States'; and 'Un-Meetable Promises: Rhetoric and Reality in New York City’s Human Trafficking Intervention Courts'. One is national in scope and the other focused specifically on New York City programming.
This document is a practical tool for organisations to self-assess whether they meaningfully involve sex workers, and for sex worker-led organisations to assess whether they are meaningfully involved.
This NSWP Briefing Note provides information about the United States’ recent legislation - The Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) -that criminalise online platforms used by sex workers for advertising and information sharing, including for safety purposes. The resource provides details on FOSTA/SESTA and the 'End Banking for Human Traffickers Act', which aims to ‘prevent financial transactions involving the proceeds of severe forms of trafficking'.
This study gives a legal analysis of the legislative framework and jurisprudence relating to human trafficking in Canada. It also analyses the views of both criminal justice system personnel and SWAN society personnel on the enforcement and use of anti-trafficking legal measures. Contents include:
Gender, Violence and Health – Contexts of vulnerability, resiliencies and care among people in the sex industry
A “working paper” prepared as background to Building on the Evidence: An International Symposium on the Sex Industry in Canada
This paper is a result of a research programme in Canada’s sex industry: workers and their intimate partners, managers and clients.
In 1999, the Swedish government embarked on an experiment in social engineering1 to end men’s practice of purchasing commercial sexual services. The government enacted a new law criminalizing the purchase (but not the sale) of sex (Swedish Penal Code). It hoped that the fear of arrest and increased public stigma would convince men to change their sexual behaviour. The government also hoped that the law would force the estimated 1,850 to 3,000 women who sold sex in Sweden at that time to find another line of work.
This paper places the development of sex workers’ movements over the past two decades within the historical context of feminist discourses on violence against women. The paper discusses the importance of the discourse on violence against women in framing contemporary abolitionist campaigns that seek to criminalize sex work. It goes on to discuss the contemporary context, including the status of alliances and dialogue between women’s, LGBTQ, and sex workers’ movements, focusing on India.
On June 4th, 2014 Justice Minister Peter MacKay introduced Bill C-36, the Protection of Communities and Exploited Persons Act. The draft legislation proposes a legal frameworkthat criminalises communication in public for the purpose of prostitution, the purchase ofsexual services, material benefit, and the advertisement of sexual services.
A number of people are excluded from the process and benefits of development because of their sexuality. Policies designed to lift people out of poverty, to provide employment and access to crucial services, all too often exclude those who do not conform to ‘normal’ sexual or gender identities. In many countries, this exclusion is also enforced through law.
This Report aims to summarize the arguments for and against the criminalisation of the purchase of sexual services. It first describes the experiences of Swedish and Dutch legal regulation relating to the purchase of sexual services. In Sweden, there is a wish to abolish sex work by way of criminalising the client. In the Netherlands, sex work is allowed within certain limits (only involuntary sex work comes under criminal rules).
An analysis of the implementation of PEPFAR’s anti-prostitution pledge and its implications for successful HIV prevention among organizations working with sex workers
Since 2003, US government funding to address the HIV and AIDS pandemic has been subject to an anti-prostitution clause. This clause requires aid recipients to adopt an organizational policy opposing sex work and requires them to keep away from the “promotion of prostitution”. Simultaneously, the efficacy of some HIV prevention efforts for sex work in areas receiving US government funding has diminished. This article seeks to explain the unintended yet adverse effects of the implementation of the pledge through case stories.
You can download this 13 page resource as a PDF below.
Silence on Violence: Improving Safety of Women - the policing of off-street sex work and trafficking in London
This report was written in the run-up to the Olympic Games, held in London 2012 and it considers two overacrhing areas related to womens' safety within sex work: the policing of sex trafficking, and within that the policing for the Olymipics; and the general policing of sex workers. The report focusses on off-street sex work as the evidence shows that it very rarely, if at all, involves trafficked women.
The Chinese government is arbitrarily detaining sex workers through a flawed government policy purportedly aimed at education and rehabilitation, Asia Catalyst said in a new report released in December 2013.
The report documents excessive use of force by police in the detention of female sex workers, as well as the women's subsequent incarceration in the little-known "Custody and Education (C&E)" system.
This resource is a briefing on why the organisation - the American Jewish World Service - fund sex worker rights organisations, but it is also a very effective introduction to the concept of sex worker rights, and the sex worker rights movement. It disccuses who sex workers are, and what is sex work, the rights of sex workers in places where sex work is illegal, and introduces a rights-based approach.
This resource commences by quoting Ronald Weitzer, who notes "the management of prostitution is one of the most invisible aspects of the trade". It goes on to discuss common prohibitionist discourse around sex work, that situates all possible study on the topic on a continuum between deviance and violence, before highlighting that this limited binary is "diametrically opposed to much of the scholarly literature, and, more importantly, to what sex workers are asserting - namely, that sex work is work".
The article explores the policy underpinning Sweden’s 1999 ban on the purchase of sexual services in the context of the social and health service sectors and the way that these sectors interact with sex workers. It argues that the rationale behind the sex purchase ban is difficult to reconcile with social policy outwith the 'merits' of criminal justice.