HIV, sex work and the law in China: decriminalization of sex work as a public health and human rights strategy

Abstract

Sex work is widespread but illegal in Chine. Participants in sex work face heavy legal penalties. They also face higher risk of HIV infection. Behaviour intervention for sex workers has been conducted nationwide. However, due to the illegality of sex work, the human rights of sex workers have not been considered in Chinese responses to HIV and there is no meaningful participation of sex workers in the HIV responses.

This study explores the decriminalization of sex work in China as a potential national strategy for human rights and public health. It combines research methods from law, social science and heal1h policy. The study is primarily document-based. In addition, 18 semi-structured interviews were conducted with individuals who participated in HIV prevention and the enforcement of anti-prostitution legislation.

The argument for the decriminalization of sex work is developed from three major perspectives. From the perspective of human rights, Chinese anti-prostitution law constitutes institutional abuses and restrictions of sex workers' human rights. From the perspective of public health, anti-prostitution law creates barriers to effective HIV prevention in sex work. From a political perspective, the decriminalization of sex work does not conflict with Chinese socialism.

This study may provide a theoretical foundation for the decriminalization of sex work in China. Further research is needed to collect more empirical data for such decriminalization.