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What Works for Women and Girls

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2010). Transgender men <strong>and</strong> women also work as sex workers <strong>and</strong> are at particularly high risk<strong>for</strong> HIV acquisition. Fifty-five independent studies from 19 countries (countries not specified)of 2,233 transgender women sex workers found a 33% HIV prevalence rate (Friedman et al.,2008). [See also 4F. Transgender <strong>Women</strong> <strong>and</strong> Men]Criminalization of Sex Work Hinders HIV Prevention“Sex work is currently a criminal offense in most southern African countries, as indeed it is inmost of the world…<strong>and</strong> much of the vulnerability of sex workers to HIV in southern Africa stemdirectly from the criminalization of their work” (Richter et al., 2010: 1 <strong>and</strong> 2). Simply decriminalizingsex work would not eliminate HIV; however, when “sensibly applied, legislative processescan be a most powerful public health ally. Equally, harmful law may obstruct <strong>and</strong> hinder publichealth” (Richter et al., 2010: 1 <strong>and</strong> 2). For example, criminalization of sex work as practiced inmany parts of the world makes access to health services difficult. Sex workers in some studiesstate that the reason they do not access services is fear of arrest. Criminalization means that sexworkers are less able to negotiate condom use <strong>and</strong> are more subject to violence from clients.They also may have difficulty accessing both legal remedies <strong>and</strong> PEP in cases of rape. [SeeChapter 11B. Strengthening the Enabling Environment: Addressing Violence Against <strong>Women</strong>]“The illegal status of sex work creates conditions in which exploitation <strong>and</strong> abuse can thrive”(Gould <strong>and</strong> Fick, 2008: 55). As one South African sex worker stated, “ There is nothing you c<strong>and</strong>o if someone is violent with you. …you can’t go to the police…” (Gould <strong>and</strong> Fick, 2008: 49).A survey of 118 sex workers in South Africa found that 12% had been raped by police officers<strong>and</strong> 28% reported that policemen asked them <strong>for</strong> sex in exchange <strong>for</strong> release from custody(Gould <strong>and</strong> Fick, 2008). Participatory action research with sex workers <strong>and</strong> outreach workersfrom 13 sex worker projects in Central <strong>and</strong> Eastern Europe <strong>and</strong> Central Asia found that of 238male, female <strong>and</strong> transgender sex workers from 12 countries more than 45% reported physicalabuse by police <strong>and</strong> more than 41% reported sexual abuse, in addition to reports of <strong>for</strong>ced HIVtesting. Police increase risks by confiscating condoms as evidence of sex work (Crago et al.,2008). A study conducted by sex workers <strong>and</strong> academics interviewing 164 sex workers in CapeTown, South Africa found that “sex workers would rather have their work treated as a legitimatejob with the legal protection that comes with that” (Gould <strong>and</strong> Fick, 2008: 7).In New Zeal<strong>and</strong>, which has explicitly decriminalized sex work <strong>and</strong> adopted a human rights<strong>and</strong> public health framework, sex workers report being able to negotiate safe sex <strong>and</strong> reportabuse to the police (New Zeal<strong>and</strong> Government, 2008 cited in Richter et al., 2010).Condom Use in Sex Work is Critical to Prevent Infection but Implementation of 100%Condom Use Policies Can Violate Human RightsWhile Thail<strong>and</strong> is renowned <strong>for</strong> its 100% condom use policy that had a large impact on theHIV epidemic in that country (Hanenberg et al., 1994), subsequent evidence, <strong>for</strong> examplefrom Cambodia (Lowe, 2002), suggest that policies <strong>and</strong> programs that denigrate the rights ofsex workers tend not to be successful. While 100% condom use policies may have increasedcondom use, they have also been shown to be coercive to female sex workers, rather thanWHAT WORKS FOR WOMEN AND GIRLS77

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