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United Nations (UN) UNAIDS has written a report with policy suggestions in Asia and the Pacific that includes case studies to support ways to improve access to health services in Asia and the Pacific. It also addresses some of the factors that hinder sex workers from accessing health services. Furthermore, the UN released a development report titled Sex Work and the Law in Asia and the Pacific discussing the policies surrounding sex work in Asian and Pacific countries, the effects these laws have on sex workers, and policy recommendations. Some of the policy recommendations for governments included decriminalizing sex work and activities associated with it, providing sex workers with work-related protections, and supporting sex workers' access to health services.[81] They have also released a 2011-2015 strategy report titled Getting to Zero that aims for the vision of "Zero new HIV infections. Zero discrimination. Zero AIDS-related deaths". The report states that its goals include reducing HIV transmission by half, getting universal access to antiretroviral therapy for those living with HIV, and reducing the number of countries with punitive laws around HIV transmission, sex work, drug use, or homosexual activity by half all by 2015
International Labor Organization (ILO) Similarly, the ILO has released reports suggesting policies that could be put into place that would address the vulnerabilities that sex workers encounter due to the nature of their jobs. Most of the reports deal with ways to decrease the number of workers that contract HIV/AIDS so that the disease is not spread to the general population. It also supports the "Getting to Zero" mission, and has found different ways to implement the primary policy initiative, Recommendation 200. This recommendation states that "Measures be taken in and through the workplace to facilitate access to HIV prevention, treatment, care, and support services for workers, their families, and dependents". The publication discusses some of the different ways that they have implemented programs that target both sex workers and their clients in different countries worldwide.[83] Another report released by the ILO examines sex work in Cambodia by evaluating direct and indirect sex work in various settings and case studies with sex workers in order to conclude with policy suggestions that can be used to decrease the rate of HIV/AIDS transmission among sex workers, their clients, and to the general population also. Some of the key recommendations from this report suggest addressing violence and abuse that is work-related, expanding unions to include indirect sex workers, bringing a workplace perspective to prevention care and health strategies, and coordinating



interventions within the workplace. Under each category more specific initiatives that can be implemented were also included.[84] Dates of significance March 3: International Sex Workers' Rights Day This day began when over 25,000 sex workers gathered in India for a festival organized by a Calcutta-based group called Durbar Mahila Samanwaya Committee (Unstoppable Women's Synthesis Committee), despite protests pressuring the government to revoke the permit for the parade in 2001.[85] June 2: International Sex Workers' Day Main article: International Sex Workers' Day This day began June 2, 1975, in Lyon, France, when a group of sex workers met in a church to express their anger about exploitative living conditions and the criminalization they face because of their work.[85] August 3: China Sex Worker Day In 2009, the Chinese Grassroots Women's Rights Center designated this day to fight the discrimination that faces Chinese sex workers.[85] December 17: International Day to End Violence against Sex Workers In 2003, Dr. Anne Sprinkle founded the Sex Workers Outreach Project USA and held a vigil on this day for the victims of the Green River Killer, and this day has been commemorated ever since to remember the victims of violent crimes and fight discrimination of crimes related to sex work The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. In specific, it relates to the human rights of people of diverse sexual orientations, including lesbian, gay, bisexual and transgender (LGBT) people, and the protection of those rights, although it is equally applicable to heterosexuality. The right to sexuality and freedom from discrimination on the grounds of sexual orientation is based on the universality of human rights and the inalienable nature of rights belonging to every person by virtue of being human. No right to sexuality exists explicitly in international human rights law; rather, it is found in a number of international human rights instruments including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Contents 1 Definition 2 Background 3 Acts of Violence 4 Breach of the Right to Privacy 5 Freedom of Expression, Assembly and Association 6 Yogyakarta Principles 7 The United Nations 8 See also 9 References 10 External links Definition The concept of the right to sexuality is difficult to define, as it comprises various rights from within the framework of international human rights law. Sexual orientation is defined in the Preamble to the Yogyakarta Principles as "each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender".[1] Freedom from discrimination on the grounds of sexual orientation is found in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The UDHR provides for non-discrimination in Article 2, which states that: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty."[2] Sexual orientation can be read into Article 2 as "other status" or alternatively as falling under "sex". In the ICCPR, Article 2 sets out a similar provision for non-discrimination: "Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." In Toonen v Australia the United Nations Human Rights Committee (UNHRC) found that the reference to "sex" in Article 2 of the ICCPR included sexual orientation, thereby making sexual orientation prohibited grounds of distinction in respect of the enjoyment of rights under the ICCPR.[3] The right to be free from discrimination is the basis of the right to sexuality, but it is closely related to the exercise and protection of other fundamental human rights. Background Individuals of diverse sexual orientation have been discriminated against historically and continue to be a "vulnerable" group in society today. Forms of discrimination experienced by people of diverse sexual orientation include the denial of the right to life, the right to work and the right to privacy, non-recognition of personal and family relationships, interference with human dignity, interference with security of the person, violations of the right to be free from torture, discrimination in access to economic, social and cultural rights, including housing, health and education, and pressure to remain silent and invisible.[4] Seventy-eight countries maintain laws that make same-sex consensual sex between adults a criminal offence, and seven countries (or parts thereof) impose the death penalty for same-sex consensual sex. They are Iran, Saudi Arabia, Yemen, Mauritania, Sudan, the twelve northern states of Nigeria, and the southern parts of Somalia.[5] The right to sexuality has only relatively recently become the subject of international concern, with the regulation of sexuality traditionally falling within the jurisdiction of the nation state.[6] Today numerous international non-governmental organisations and intergovernmental organisations are engaged in the protection of the rights of people of diverse sexual orientation as it is increasingly recognised that discrimination on grounds of sexual orientation is widespread and an unacceptable violation of human rights. Acts of Violence Acts of violence against LGBT people are often especially vicious compared to other bias-motivated crimes[7] and include killings, kidnappings, beatings, rape, and psychological violence, including threats, coercion and arbitrary depravations of liberty.[8] Examples of violent acts against people of diverse sexual orientation are too numerous to account here, and they occur in all parts of the world. A particularly distressing example is the sexual assault and murder of fifteen lesbians in Thailand in March 2012. In that example, two lesbian couples were killed by men who objected to their relationship and who were embarrassed when they were unable to convince the women into heterosexual relationships with themselves.[9] Often acts of violence against people of diverse sexual orientation are perpetrated by the victim's own family. In a case in Zimbabwe, the multiple rape of a lesbian was organised by her own family in an attempt to "cure" her of homosexuality.[10] In those cases, as in many other cases of violence against people of diverse sexual orientation, State law enforcement authorities are complicit in human rights abuses for failing to persecute violators of rights. Breach of the Right to Privacy Main article: Right to Privacy The right to privacy is a protected freedom under the UDHR,[11] and the ICCPR[12] which reflects the "widespread, if not universal, human need to pursue certain activities within an intimate sphere, free of outside interference. The possibility to do so is fundamental to personhood."[13] Intimate relationships, whether between two people of the same sex or of different sexes, are among those activities that are subject to a right of privacy. It has been successfully argued in a number of cases that criminalization of homosexual relationships is an interference with the right to privacy, including decisions in the European Court of Human Rights and the UNHRC.[14] The freedom to decide on one's own consensual adult relationships, including the gender of that person, without the interference of the State is a fundamental human right. To prohibit the relationships of people of diverse sexual orientation is a breach of the right to sexuality and the right to privacy. Freedom of Expression, Assembly and Association Main articles: Freedom of Speech and Freedom of Assembly Every person, by virtue of their individual autonomy, is free to express themselves, assemble and join in association with others. Freedom of expression is a protected human right under Article 19 of the UDHR and Article 19 of the ICCPR, as is the right to freedom of assembly under Article 20 of the UDHR and Article 21 of the ICCPR. LGBT people are discriminated against in respect of their ability to defend and promote their rights. Gay pride marches, peaceful demonstrations and other events promoting LGBT rights are often banned by State governments.[15] In 2011 gay pride marches were banned in Serbia[16] and another march in Moscow was broken up by police, who arrested thirty leading gay rights activists.[17] Yogyakarta Principles In 2005, twenty-nine experts undertook the drafting of the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity.[18] The document was intended to set out experiences of human rights violations against people of diverse sexual orientation and transgender people, the application of international human rights law to those experiences and the nature of obligations on States in respect of those experiences.[19] The Principles can be broadly categorised into the following: Principles 1 to 3 set out the universality of human rights and their application to all persons. Principles 4 to 11 address fundamental rights to life, freedom from violence and torture, privacy, access to justice and freedom from arbitrary detention. Principles 12 to 18 set out non-discrimination in relation of economic, social and cultural rights, including employment, accommodation, social security, education and health. Principles 19 to 21 emphasise the importance of freedom of expression, identity and sexuality, without State interference, including peaceful assembly. Principles 22 and 23 set out the right to seek asylum from persecution of based on sexual orientation. Principles 24 to 26 set out the right to participate in family and cultural life and public affairs. Principle 27 sets out the right to promote and defend human rights without discrimination based on sexual orientation. Principles 28 and 29 emphasise the importance of holding those who violate human rights accountable, and ensuring redress for those who face rights violations. The Yogyakarta Principles is an instrument of soft law and is therefore not binding. But it does provide an important standard for States in their obligation to protect the rights of individuals of diverse sexual orientation


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