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“Global Injustices – The control, containment and punishment of PLHIV ”

“Global Injustices – The control, containment and punishment of PLHIV ” “How South Africa’s legislative framework fails us time and again: Experiences of transgender sex workers in South Africa” A presentation for the International Aids Conference, Melbourne, Australia July 2014

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“Global Injustices – The control, containment and punishment of PLHIV ”

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  1. “Global Injustices – The control, containment and punishment of PLHIV” “How South Africa’s legislative framework fails us time and again: Experiences of transgender sex workers in South Africa” A presentation for the International Aids Conference, Melbourne, Australia July 2014 L.Leigh Ann van der Merwe Coordinator, Social, Health & Empowerment

  2. Sex work in South Africa • Prostitution is criminalized by s 20 (1)(aA) of the Sexual Offences Act 23 of 1957 • Any person who keeps a brothel shall be guilty of an offence. • Section 20 (1) Any person who-(a) knowingly lives wholly or in part on the earnings of prostitution; or (b) ...... • (c) in public or in private in any way assists in bringing about, or receives any consideration for, the commission by any person of any act of indecency with another person, • shall be guilty of an offence.

  3. Socio - cultural context for trans women in South Africa • Many trans women do not have access to education, especially trans women of color • The issue of cultural circumcision drive trans women from family support and trans women in the EC have a high rate of migration • It is easy for trans women to get into sex work for a number of reasons • In this context they become vulnerable to violence and HIV infection

  4. Criminalizing trans identities…. • Though the South African constitution afford all citizens rights, it is really only those with privilege who enjoy those freedoms • Sex description Act 49 of 2003 allow amendment of gender in ID documents… • Implementation of the Act is highly problematic • Waiting period for gender amendment – between one year six months – three years • Difficult for asylum seekers to amend their gender using Act 49

  5. Accessing healthcare and HIV prevention, treatment and support • Health care access remain problematic for trans women in SA • Context influenced by so many factors including religion, heteronormativity, and patriarchy • Conflation of sexual orientation/gender identity issues add to the burden

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