3. Sex Work and Human Rights violations
A discussion on human rights abuse against sex
workers cannot be complete without first
understanding the subjects of the victimization.
Who is a sex worker- A sex worker is someone who
provides sexual services or sexual related services
in exchange for money or other favours. In fact sex
work is a term that acknowledges the work part of jobs in
the sex industry.
4. Facts and myths about sex work
There are certain facts and myths about sex work that give
alot of insight on the kind of experiences that sex workers
go through.
Myth: All sex workers are women
Fact: Although most sex workers are women, there are
male and transgender sex workers.
Myth: Sex workers cannot be raped
Fact: Sex workers can be raped,beaten,robbed, assaulted
and they have the same rights as everyone else.
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5. Reality:These experiences are
criminal in nature and no one
should have to endure them
however the harsh reality is that in
practise sex workers have been
pushed to a corner by the society
and that has made it seem okay for
sex workers to undergo all these
humilations.
6. To effectively protect the health
and rights of sex workers
governments should consider
removing all criminal laws
regulating sex work, but only
maintain the prostitution of minors
and human/sex trafficking as
criminal acts
Introduction
7. Sec. 153- 156 penal code relating to
prostitution
Persons living on the earning of
prostitution
N.B identifying and determining a
prostitute for prosecution
ACTS CRIMINALISING SEX WORK
8. Through our work of intervening and
programming for sex workers it is clear
that criminalization of sex work reduces
the freedom of sex workers to
negotiate condom use with clients,
organize for fair treatment, and publicly
advocate for their rights which has
shown to increase sex workers
vulnerability to violence ,extortion and
health risks.
Background
9. To ensure that sex workers live without stigma, social exclusion
and fear of violence
To ensure that sex workers realize their right to work safely and
use justice system to seek redress for abuses and discrimination
Decriminalization reflects respect for human rights and personal
dignity.
To reduce police abuse and violence-The police have always
taken advantage of the sexual offences act to coerce, extort and
physically abuse sex workers.
To increase access to health services-Most sex workers face
forced sexual encounters by their clients and even the police and
they do not report because of fear, and they even fail to obtain
treatment and support after rape and abuse.
REASONS /JUSTIFICATIONS
10. To reduce sex workers risk of HIV-most sex
workers fear that in the process of
negotiation or visible condoms will make
them more vulnerable to arrest but
decriminalization will make them insist on
condom use.
Decriminalization challenges stigma and
discrimination and the consequences of
having a criminal record i.e. in the USA people
convicted of sex work are registered as sex
offenders and must carry documents
identifying them as such.
11. Decriminalization is the removal of all
criminal and administrative prohibitions and
penalties on sex work including laws
targeting clients and brothels
Provision of health services to brothels
Access to legal services to promote the
health and rights of sexworkers.
Increased partnerships between sex workers
and government in addressing health and
safety issues in sex work
Program Descriptions and
methodologies
12. That the removal of criminal prohibitions
will lead to the expansion of the sex
workers industry. There is no evidence to
support the claim. In New Zealand a study
estimating the number of sex workers in
five locations throughout the country
before and after decriminalization
demonstrates that the Reform Act of 2003
had little impact on the number of people
working in the sex industry.
Lessons Learnt and Recommendations
13. Research has shown that for example in
New South Wales in Australia where sex
work has been decriminalized the HIV
prevalence among the general
population is higher than that among
the sex workers.
17. Only Rights can undo
the wrongs!!!
THANK YOU
Martha Opilli
Programme Officer,
Keeping Alive Societies' Hope (KASH)
Email: martha.opilli@kash.or.ke
Website: www.kash.or.ke