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Table 1 Vulnerabilities of sex workers due to criminalisation: a situation analysis of South Africa and potential effects of decriminalisation

From: Sex work and the 2010 FIFA World Cup: time for public health imperatives to prevail

Vulnerabilities

Current situation in South Africa

Potential effects of decriminalisation and provision of public-sector services for HIV prevention in sex work settings

Restricted access to health services

Lack of specialized services targeting sex workers

Formal sex worker clinics and outreach, with active follow-up services

 

Scanty and ineffective public and donor funding for HIV prevention in sex work settings

Public funding for HIV prevention in sex work settings, and government-led coordination of services

 

Condom availability in general primary health clinics, but limited promotion of condoms in sex work settings

Targeted condom promotion and provision in sex work settings

 

Syndromic treatment of symptoms within general STI services

Targeted STI control programmes with STI screening at pre-specified intervals, periodic presumptive treatment and syndromic management

 

Limited access to health information and family planning counselling. High rates of unintended pregnancy, increasing number of dependents

Planned health promotion activities, with information provision, family planning counselling and contraceptive services

Restricted access to legal protection

Laws against gender-based violence are seldom enforced and police do not act on sex worker complaints

Sex workers have legal recourse to redress violence

Enhanced ability of police to improve the safety of sex work settings

Unsafe work conditions

Unsafe venues

Enhanced ability to secure and control sex work settings

 

Obtaining clients and negotiation often occurs in alcohol settings

Alcohol and paid sex can be delinked

 

Difficulties in negotiating safe sex

More empowered sex workers enables condom negotiation and client refusal

Stigma

Judgemental health care workers

Specialized health care workers, trained in sensitive provision of services

Economic Vulnerabilities

Despite the threat of fines or imprisonment, women enter sex work in response to demand for paid sex and pressures of providing for dependents, as they have few alternatives

No evidence that decriminalisation will increase supply of sex workers or demand for sex work