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This report examines the Custody and Education system. Over the course of Asia Catalyst's research into the system, we found serious conflict between the C&E system and international human rights law. As a coercive administrative education measure that deprives citizens of their personal liberty for extended periods of time, C&E also has an extremely fragile legal foundation in Chinese law, given that the main documents on which it is based are not laws but regulations. Individuals detained under the C&E system are denied a fair trial and lack all essential procedural rights such as the right to a defense and a hearing. This report analyzes China’s relevant laws and policies, as well as documentary data from inside and outside of China.
Keywords: HIV/AIDS, FSW, laws, sex work, human rights, police
The first CRiSP (Community Based Risk Behavioural and Seroprevalence Survey for Female Sex Worker in Hong Kong) was launched in 2006 and it was repeated in 2009. HIV prevalence among female sex worker (FSW) in Hong Kong was found to be maintained at a low level in these two rounds of CRiSP, 0.19% and 0.05% respectively. Organized as a regular public health surveillance programme, a similar integrated biobehavioural survey for FSW, incorporated into the new HARiS (HIV/AIDS Response Indicator Survey) programme, was conducted in 2013 via commissioning to the Stanley Ho Centre for Emerging Infectious Disease, School of Public Health and Primary Care of the Chinese University of Hong Kong.
This tool is the product of collaboration among sex workers, service providers, researchers, government officials and nongovernmental organizations (NGOs) from around the world, as well as United Nations agencies, and development partners from the United States. The tool is aligned with the 2012 Recommendations. It also refers to a global consultation conducted with sex workers by NSWP as part of the process of developing the 2012 Recommendations. This consultation document is referred to in this tool as the “values and preferences survey”.
The Judicial Dialogue provided a critical opportunity for experience sharing between members of the judiciary and representatives of judicial training institutions from 16 countries across Asia and the Pacific, on the complex legal and human rights issues raised by the HIV epidemic. The Judicial Dialogue also benefited from the perspectives of people living with HIV, representatives of communities of men who have sex with men, transgender people, sex workers and people who use drugs.
The objectives of the workshop were to identify the laws hindering the AIDS response and build consensus on reforms needed to create an enabling legal environment for access to HIV services and to chalk out a time bound action plan identifying priorities for the amendment of punitive and discriminatory legal environment that are impeding AIDS responses.
The consultation was attended by 82 participants. The inaugural session, which was attended by eminent personalities, expressed the need for the timely intervention, while the overview of the HIV/AIDS epidemic in Bangladesh painted a vivid picture to the participants in understanding the gravity of the AIDS epidemic and limitations of the current response.
The main finding from this assessment is that the Global Fund program me has contributed towards significant coverage of the population and has provided an opportunity for Malaysian NGOs to design and work towards delivering a comprehensive package of services for the sex worker population in the last one and half years. In all sites visited, there was strong evidence of the impact of the intervention in the SW community, the high commitment of the SRs to the project, and evidence of greater community understanding and acceptance of the importance of HIV prevention in the project sites.
Over the course of the HIV epidemic’s 30-year history, notable strides have been made globally to reduce stigma and discrimination towards people living with HIV (PLHIV) and key affected populations (KAPs) such as female sex workers (FSW), men who have sex with men (MSM), transgender (TG) people and people who use drugs (PWUD). These efforts have included the development of supportive legislation and policies, advocacy and community mobilization through networks and collectives, and media campaigns featuring celebrities and societal leaders. In addition, strategic and sustained efforts with the news media have not only facilitated increased and improved coverage, but have also served to advocate for changes in policies and programmes, and of equal importance, to fighting stigma and discrimination relating to key affected populations.
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The report examines the multiple and varied contexts within which drug use (including use of alcohol and non-psychoactive substances, including some hormones and image- and performance-enhancing drugs) and sex work overlap. It provides a snapshot of available evidence on the factors that contribute to vulnerability among people who sell sex and use drugs. Drawing on experience from the harm reduction and sex work communities, the report explores implications for practice, highlighting existing programmes that reach people who sell sex and use drugs around the world, and offering practical suggestions on how programmes can better serve this overlapping population. While this broad and complex area cannot be explored in depth within a document of this length, the report aims to draw attention to this often neglected area, and inform policy and programmatic discussions.
The BSS is usually conducted in the capital city Phnom Penh and in the provincial capitals of Cambodia’s four most populated provinces (Battambang, Sihanouk ville, Siem Reap, and Kampong Cham), resulting in a survey of urban groups. However, in this last BSS PLHIV were recruited not only from ART sites in these urban areas, but also from ART sites in other districts.
A wealth of analysis exists on the nature and extent of HIV epidemics in Asia and the Pacific in the context of sex work. These have highlighted the progress and the challenges that must be tackled to realize the targets to which governments have committed, to bring an end to AIDS. Guidance on effective investment and responses is well articulated.