The legal framework of sex work and its interface with HIV: barriers for a sustainable response to HIV programming in Bangladesh

Simon Rasin MD, MPH, PhDHIV/AIDS Sector Save the Children

Tony Michael Gomes, Senior Manager, Advocacy HIV AIDS Sector Save the Children in Bangladesh

Only Rights can Stop the

Wrongs!

BackgroundThe first National Congress of Female Sex Workers (FSWs) in Bangladesh:

• Over a thousand FSWs from 29 FSWs networks participated in the conference organized by Save the Children and partner agencies

• Delegates discussed legal and policy issues related to commercial sex services

• This first in history conference allowed FSWs to share experiences and analyze legal aspects influencing commercial sex in Bangladesh

Current Situation

• FSWs are in a very weak position to negotiate with clients for services using condoms

• Bangladesh to Anti- Prostitution Law FSWs cannot provide services together which diminishes their ability to resist abuse, harassment and unsafe sex practices

• Police and Municipality legislation leads to fear of arrest and imprisonment, limiting community outreach

• FSWs have to hide their identities, cannot form a functional trade unions - which could protect their rights and allow them to have access to existing health and other services, like in other professions

• Police places FSW peer educators under arrest, claiming carrying condoms as ‘promoting’, ‘soliciting’ and ‘providing’ sex services

• Brothel raids by police interrupt HIV prevention services

• FSWs do not have routine access to government health services

• Violence against sex workers spreads far beyond individual incidents and factually is gender based violence

• FSW community does not have understanding of their legal rights in Bangladesh and do not seek legal assistance

Result

• HIV AIDS program must be formally merged with other health programs

• Legal reform should focus on de-criminalization and de-marginalization should be the focus of HIV AIDS advocacy to change the Common Law (Anti-Prostitution Law)

• Maternal and Child Health Services have to focus more on specific issues of FSWs, with government and NGO partners collaboration

• Behavioral Change Campaigns must aim at changing the community perception of FSWs and acceptance of FSW in mainstream society

• Access to legal services should be strengthened by further legal education in the FSW communities

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