Sex Work, HIV/AIDS and Human Rights: From Criminalization to Protection

Thursday, at a panel session on sex work and human rights, advocates called for the implementation of effective HIV program and policy interventions based on the respect for the human rights of sex workers. 

"We are not part of the problem; we are the solution," said Alejandra Gil of Mexico. "Don't close your eyes; we are here: we are youth, men who have sex with men and women living with HIV.  We are not going away." 

Across cultures, sex workers have been historically cast as social deviants and victims.  They have been further stigmatized and discriminated against as disease vectors in the HIV/AIDS epidemic.  As a result, governments have enacted policies that criminalize and violate the health and human rights of sex workers.

While criminalization may have political appeal, there is no evidence that this is an effective strategy for protecting sex workers from violence and abuse. In fact, there is growing evidence from numerous countries, including Sweden, that criminalizing the sex worker or her/his client is likely to contribute to the abuse and marginalization of sex workers. Criminalization gives latitude to the police to abuse sex workers, and leads to other human rights violations.   

Enacting bad policies is not going to improve the state of HIV/AIDS in the sex worker community.  Changing the course of the epidemic requires measures that empower sex workers against HIV/AIDS.  Policymakers and implementers need to end the conflation of trafficking, sex work and violence by recognizing that sex work is work, and that men, women and transgenders have the right to earn a living with dignity and respect. Sex workers need to be meaningfully involved in the design, implementation and evaluation of policies and research on sex work so that programs addressing the gender equality, violence and economic disparities among this population can be effectively implemented.

These changes are crucial to move the discussion beyond vice and victim hood and create concrete policy solutions that respect the rights of sex workers and provide HIV/AIDS services free of stigma and discrimination.