Category: Policy Updates

Appeals Court Rules on Anti-Prostitution Loyalty Oath

A federal appeals court has ruled the United States cannot force US-based groups seeking international HIV/AIDS funding to denounce sex work. This decision from the U.S. 2nd Circuit Court in New York upholds a lower court decision in favor of the Alliance for Open Society International (AOSI), Pathfinder International, the Global Health Council and Interaction. The decision is a positive step for US-based organizations in terms of freeing them to implement and speak about best practice programs for communities of sex workers worldwide. However, the ruling does not prevent the United States from applying the “anti-prostitution pledge” (also known as the anti-prostitution loyalty oath) to organizations based outside of the United States seeking to obtain US government funding for international HIV/AIDS work.

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Rights Concerns Acknowledged at the UN

U.S. sex worker organizations, organizations working with people in the sex trade and related communities participated in the Universal Periodic Review process at the Human Rights Commission at the UN in Geneva. After generating a report on human rights violations against these communities in the U.S., activists successfully advocated for inclusion of their issues in recommendations to the U.S. government.  Sex workers and their allies then worked to raise awareness of the recommendations and encourage the Obama Administration to accept them – which it did on March 18, 2011 in Geneva, stating, “we agree that no one should face violence or discrimination in access to public services based on sexual orientation or their status as a person in prostitution.” This statement is an unprecedented acknowledgment of the need to prevent human rights abuses against sex workers and to ensure their access to public services. On March 18 across the United States sex workers and their allies held public actions of support of Recommendation 86.

Report on human rights and HIV/AIDS, Sept 2010

In September 2010 the Best Practices Policy Project reported on key human rights questions in regards to HIV/AIDS in the United States for sex workers, people in the sex trade and vulnerable communities in general. This report was submitted to the UN High Commissioner for Human Rights in partnership with the Desiree Alliance, Bayswan, Women with a Vision, HIPS, Madre Tierra, St James Infirmary, SWOP-USA, SWOP-Tucson, SWOP-NYC and SWANK, SWOP-Colorado, SWOP-Chicago and other organizations. Key issues emerging included the lack of mention of sex work in the US National HIV Strategy, human rights violations of people living with HIV who are arrested for solicitation, and the use of condoms as evidence. Read the report and download it as a pdf.

Report submitted to the High Commissioner on Human Rights, 2010

In 2010 BPPP joined with the Desiree Alliance to research and describe the state of sex workers’ rights in the United States to be included as one of only five US presentations to be part of the Sexual Rights Initiative reporting back to the UN High Commissioner on Human Rights Universal Periodic Review. This report found that sex workers in the United States, especially those from communities of color and low-income LGBT communities, are subject to police harassment, extortion and false arrest. Policing also undermines sex workers ability to protect their sexual health because condoms and other safe sex equipment are used as evidence against them. In some parts of the United States people detained for violating anti-prostitution laws are subjected to mandatory testing and face much more serious penalities if they are found to be HIV positive. A significant rights violation is the placement of sex workers in some jurisdictions on “sex offender registry” lists that limits where they can live, work, and more. Read the full report.