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Sex workers in greece face forced hiv testing, while those inmalawi fight back - China Clear Plasti by icdenta icdenta





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Sex workers in greece face forced hiv testing, while those inmalawi fight back - China Clear Plasti by
Article Posted: 03/18/2013
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Articles Written: 1096
Word Count: 728
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Sex workers in greece face forced hiv testing, while those inmalawi fight back - China Clear Plasti


 
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Greece has been a mainstay in the international press as it enduresharsh austerity measures in the face of the global economic crisis.But recent news reports have also focused on another disturbing reality: At the end ofApril, Greek police began systematically arresting sex workers,forcing them to undergo HIV testing, and posting the names andphotographs of those who test HIV-positive on official policewebsites. The sex workers face criminal charges of intentionallycausing serious bodily harm, even though there is no evidence theywere aware of their HIV status. The Joint United Nations Program on HIV/AIDS (UNAIDS), AmnestyInternational, the Global Network of Sex Work Projects and theGlobal Network of People Living with HIV/AIDS, have all condemned the Greek authorities' actions as incompatible with human rightsand discordant with proven public health measures to prevent HIVtransmission. State-sanctioned forced HIV testing of sex workersalso occurs elsewhere , including in the southern African country of Malawi.

But inMalawi, something inspiring has happened -- sex workers arefighting back. It began in 2009, when police officers in southern Malawi raided abar, arresting male patrons and female sex workers. The policelater released all of the men but took the women to the districthospital where they forced them to undergo HIV tests without theirconsent. The sex workers who tested HIV-positive were charged with" spreading disease dangerous to life ," and before sentencing, a judge read out their HIV status resultsin open court. During this period, other Malawian sex workersreported similar instances of forced HIV testing to human rightsgroups.

The Malawian sex workers involved in these cases could havereturned to their homes and swallowed the bitterness of theseindignities. Instead, fourteen sex workers decided to sue the government and challenge the constitutionality of forced HIV testing. Thelegal case, among the first of its kind, is making its way, slowlybut hopefully, through the Malawi courts. The human rights organization representing the Malawian sex workers requested help from thehuman rights legal clinic I direct; my students and I contributedto the case by conducting international and comparative lawresearch on the human rights implications of forced HIV testing.The results were clear: Because forced HIV testing is physicallyinvasive in nature, it violates the right to bodily integrity andsecurity of the person. Because it's a coercive and stigmatizingmeasure that discourages people from seeking voluntary counseling,testing, and treatment, it violates the right to the highestattainable standard of health.

And "outings" of individuals' HIVstatus without their consent, as was done in open court in Malawiand on police websites in Greece, violate the rights to privacy anddignity, especially because such revelations can lead to stigma,discrimination, and even violence. Greek officials have attempted to justify the forced HIV testing ofsex workers by stating that they're protecting public health afteran increase in AIDS cases in the country in the past year. Thislogic feeds into the stigmatizing notion of women as the mainsource of sexually transmitted infections and the misguided idea offemale sex workers as "vectors of disease" from whom we mustprotect the general population. Rights-based public health measuresshould seek to protect all people from HIV infection, and providethose who are HIV-positive with the tools to live healthier lives.

As UNAIDS and the Office of the United Nations High Commissionerfor Human Rights have argued , coercive measures in the fight against HIV/AIDS, including forcedHIV testing, produce bad public health outcomes by alienatingat-risk groups. Mandatory HIV testing breaches medicalconfidentiality and facilitates stigma and discrimination againstpeople living with HIV/AIDS, therefore discouraging vulnerablegroups from seeking out what we know works to stem the tide of HIVtransmission -- voluntary and confidential counseling, testing, andtreatment. Discriminatory state action like the forced HIV testingof sex workers drives further underground some of the people mostin need of public health services that facilitate HIV prevention.It also alienates groups, like sex workers, who make fantastic peereducators on HIV. Our eyes should remain on Malawi as this band of defiant sexworkers takes a brave step to affirm their rights and the rights ofall people, especially the marginalized, to live free from coercivepractices that do not safeguard public health.

Sign the online petition to Greek authorities to stop the forced HIV testing of sexworkers. Follow Chi Mgbako on Twitter: /@chiadanna.

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