example. However, as these programmes have evolved and been replicated in many countries, they have not necessarily adhered to best practice… Experience has shown that asking law enforcement officers, health professionals and sex establishment managers to take the lead on safer sex programming is counterproductive and can disempower and penalise sex workers. Sex workers and their clients should be the main implementers and decision-makers in making sex work safer. Other stakeholders can be useful partners but should not be given an authority role.44
2.1.2 Laws, policies and practices that are helpful to HIV responses Examples of progress towards a more enabling legal environment for HIV responses to sex work include: Court judgments •
Decisions of the Supreme Courts of Bangladesh, India and Nepal and the Constitutional Court of Taiwan recognizing the human rights of sex workers.
•
In the Karmaskar case (2011), the Supreme Court of India directed the government to consider providing ration cards and voter identity cards to sex workers. The Court requested the government to ensure that admission of the children of sex workers to schools is not hampered.
Policy development •
The National HIV Prevention Strategy of Papua New Guinea specifically calls for decriminalization of sex work to support the HIV response.
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The National Strategy on Female Sex Work in Pakistan addresses the need for directives to prevent confiscation of condoms and to address police violence and harassment.
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The Mongolian National Strategic Plan on HIV, AIDS and STIs 2010-2015 commits to a needs assessment that will examine stigma, discrimination and human rights violations among sex workers, giving special attention to attitudes among health care and law enforcement staff and law reform to strengthen the human rights position of sex workers.
•
An Order of the Government of Myanmar directs police not to confiscate condoms as evidence of sex work. Enforcement of the Order is supported by the National HIV Strategy 2011-2015.
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The Ministry of Interior of Cambodia issued a Directive in 2011 that condoms will not be used as evidence for arrest.
•
Rules of the Social Security Fund of Thailand enable sex workers to access state social security benefits for sickness, disability, death, and a pension if they make financial contributions.45
44 UNAIDS Advisory Group on HIV and Sex Work (2011) The report of the UNAIDS Advisory Group on HIV and Sex Work, Geneva: UNAIDS. 45 Lowe D., (2011) Concept note: The role of the International Labour Organization in improving the working conditions and sexual and reproductive health of sex workers in Thailand, ILO ESEAP Regional Office, unpublished.
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