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BY GIAN C. GERONIMO, GMA NEWS

 

If the United Nations will have its way, soliciting sex or paying for it in the Asia and the Pacific region will not put one at odds with the law.

 

In a recent report, the UN recommended the decriminalization of the world’s oldest profession to help curb the spread of sexually transmitted diseases, especially HIV.

 

“Removing legal penalties for sex work assists HIV prevention and treatment programmes to reach sex workers and their clients,” the UN said in its report titled “Sex Work and the Law in Asia and the Pacific.”

 

Attempts to reach the Catholic Bishops Conference of the Philippines for comment on the topic have been unsuccessful, as the organization’s secretariat said the authorized bishops to talk about the issue are out of town on official business.

 

Malacañang, meanwhile, said in a briefing Friday that it would rather leave the issue of legalization of sex work to the country’s legislators.

 

Susceptibility to HIV

 

The UN said the criminalization of sex-related jobs increases workers’ susceptibility to HIV by “fuelling stigma and discrimination, limiting access to sexual health services, condoms and harm reduction services; and adversely affecting the self esteem of sex workers and their ability to make informed choices about their health.”

 

The recommendation is also a move to stop the exploitation of sex workers and to give them basic rights by suggesting that their jobs, too, should have typical workplace standards in line with the law and government.

 

“Decriminalization enables sex workers to organize within their communities and register their organizations, obtain identification documents so that they can fully access services and entitlements, engage in advocacy and respond to the health and safety needs of their peers,” the UN said.

 

The UN noted that, with the exception of New Zealand and the state of New South Wales in Australia, all countries in Asia and the Pacific criminalize sex work or associated activities.

 

In the Philippines, for one, sex work and soliciting sex work are illegal, as well as the establishment of brothels.

 

According to the Revised Penal Code, vagrancy is an offense, with the code defining prostitutes as vagrants. Sex workers caught may be fined up to six months in prison under the code’s vagrancy provision.

 

Condoms

 

The UN study said in the Philippines, despite the government’s support for efforts to promote condom use among sex workers, many people in the sex industry still steer clear of condoms for fear that it may be used by the police as evidence against them once they are arrested.

 

The UN report referenced a 2003 study that found out that many street-based sex workers refused free condoms offered by outreach workers because of the police issue.

 

“Police impeded their access to HIV prevention services by confiscating condoms, using possession of condoms as evidence of sex work, or arresting them for vagrancy,” the UN report said.

 

Ways to decriminalize sex work

 

The UN listed ways on how to decriminalize sex work.

 

“To enable the sex industry to be regulated as a legitimate form of work requires removal of the range of laws that criminalize activities associated with sex work, including removal of offences relating to soliciting, living on the earnings of sex work, procuring, pimping, the management and operation of brothels, and advertising,” it said.

 

Its report also debunked claims that countries in Asia and the Pacific where sex work is illegal have low HIV rates and prevented the epidemic to spread among sex workers and their clients.

 

In fact, the study said evidence suggests areas that decriminalized sex work have “very high” condom use rates and increased access to sexual health services. — KBK/RSJ, GMA News