Resources

This report and executive summary by the Global Commission on HIV and Law, supported by UNDP, examines the role of law in effective HIV responses. The report is based on expert submissions, research on HIV, health and law, and testimony of 700 people most affected by HIV-related laws from 140 countries.

Theme: Health

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.

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This research is the first large scale quantitative research on sex workers in Fiji. It has enabled an understanding of the nature and extent of sex work in Fiji, rates of HIV and STI infection among sex workers and their knowledge and behaviour around safer sex practices. This research will compliment valuable insights gained from previous qualitative research. The findings from this research will assist in the appropriate targeting and provision of education, resources and health care services to a group previously defined by UNAIDS as a most-at-risk population.

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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.

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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.

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This article looks at how legalisation came to the netherlands; what it was intended to do, and what the impact has been on sex workers. In order to answer these lines of enquiry, the article examines what discourses frame the major actors in this debate, starting with a historical overview of Dutch sex work policies throughout the 20th century. Having established the socio-political backdrop of the Netherlands' approach to legalised sex work, the resource discusses how legalisation (or regulationism) "did not solve a number of serious problems in the sex industry".

This reference text seeks to "clarify terms and illustrate examples of alternatives to the use of criminal law as a response to sex work". It provides capsule definitions - with small case-studies or examples - of what a variety of laws and policies look like in terms of their impact on sex work, covering criminalisation, legalisation, and decriminalisation, along with a mini-discussion of other laws that are used against sex workers, such as the criminalisation of HIV transmission, or immigration enforcement.

'Criminalising Condoms' details the experiences of sex workers and outreach services across six countries (Kenya, Namibia, Russia, Zimbabwe, South Africa and the United States). It finds that where any degree of criminalisation exists (whether of sex workers themselves, or of activities relating to sex work), condoms are used as evidence of sex work. This forces sex workers to choose between carrying safer sex supplies, thus attracting the deleterious attentions of the police, or working without condoms in the hope that the police will refrain from harassment - but also without the supplies that would protect them from HIV.

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This 10th Missing the Target report (MTT10) focuses on challenges to the scale-up of HIV services as required to implement the Treatment 2.0 framework. That framework refers to an initiative developed and proposed in June 2010 by the World Health Organization (WHO) and Joint United Nations Programme on HIV/AIDS (UNAIDS) that aims to “catalyse the next phase of HIV treatment scale-up through promoting innovation and efficiency gains.”

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Theme: Health

NSWP welcomes the launch today of the ‘Prevention and Treatment of HIV and other sexually transmitted infections for sex workers in low- and middle-income countries: Recommendations for a public health approach’. The guidance was developed jointly with WHO,UNFPA, UNAIDS and NSWP who conducted the qualitative survey of sex worker values and preferences relating to the interventions being considered.

The report is designed for use by national public health officials and managers of HIV/AIDS and STI programmes, NGOs and health workers, but will also be of interest to international funding agencies, health policy-makers and advocates. It  combines good practice recommendations derived from ethics and human rights principles, with technical evidence-based recommendations supported by scientific evidence AND the lived experiences of sex workers across the globe.

NSWP particularly welcomes the recommendations that governments should work towards the decriminalisation of sex work and elimination of the unjust application of non-criminal laws and regulations against sex workers which exacerbate sex workers vulnerability to HIV and STIs. In addition we welcome the recommendation that HIV prevention and treatment programmes need to include interventions to enhance community empowerment among sex workers that is sex worker-led and we particularly welcome the recommendation set out in the document that redefines the ethical use of periodic presumptive treatment (PPT) for sex workers.  It emphasises that PPT should only be used as an emergency short term measure under the strictest of conditions and while comprehensive sexual health services are being developed and that PPT must only be offered if its uptake is voluntary, not imposed as part of a coercive or mandatory public health regime.

Theme: Health

Note: This report has been updated, following agreement with UNAIDS in January 2012 to revisions in the document.  

This resource was officially launched in December 2011 as a separate report from the Advisory Group at the UNAIDS Secretariat in Geneva, during the 29th meeting of the UNAIDS Programme Coordinating Board and has now been integrated into the UNAIDS Guidance Note on HIV and Sex Work as annexes and published by UNAIDS. 

The Law and Sexworker Health (LASH) team at the Kirby Institute, University of New South Wales were funded by the NSW Ministry of Health to better inform policy considerations, and the National Health and Medical Research Council to investigate if the various approaches across Australian jurisdictions were associated with different health and welfare outcomes for sex workers.

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In 1999, the Swedish government embarked on an experiment in social engineering to end men’s practice of purchasing commercial sexual services. The government enacted a new law criminalising 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.

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You can download this 35 page PDF resource above. This resource is in English.

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You can download this 23 page PDF resource above. This resource is in English.

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You can download this 72 page PDF resource above. This resource is in English.

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IPPF's HIV Update newsletter, the first in 2012 focuses on 'laws & policies'.  This issue features an article from the Global Commission on HIV and the Law.  Many sex workers contributed to the evidence gathered by the Commission, including through the regional dialogues. 

You can download this 4 page PDF document above. This resource is in English.

French and Spanish versions will be available soon on the IPPF website 

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Source: rightswork.org

This paper, written by Phil Marshall, briefly raises some issues around the demand side of trafficking, initially focusing on demand relating to exploitative labour practices and then discussing issues around demand contributing to exploitation for sexual purposes. It is very much an opinion piece, intended to promote discussion.

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From: PRay@amnesty.org
Subject: Guatemala - LGBT activist shot, witness in danger
Category: PUBLIC
Date: 21 December 2005
AI Index: AMR 34/044/2005
UA 325/05

Fear for Safety — Guatemala

LGBT activist shot, witness in danger

Sulma (legal name Kevin Josue Alegria Robles) Other transvestite sex workers in Guatemala City Other members of the Organizacion de Apoyo a una Sexualidad Integral frente al SIDA, Integral Sexuality AIDS Support Organisation (OASIS)

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In response to the traditional emphasis on the rights, interests, and well-being of individual research subjects, there has been growing attention focused on the importance of involving communities in research development and approval.

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