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Health group touts legal prostitution

Patricia Watson, Senior Staff Reporter

THE Government is currently studying recommendations to legalise consensual sex between adult males and prostitution as legitimate occupations.

A group, including lawyers and members of the medical fraternity, is calling for an amendment to the Offences Against the Persons Act which will legalise homosexual behaviour between two consenting men.

The group has gone further to lay before the Government, proposals that legislation be introduced to give formal recognition to prostitution. They say persons who are engaged in prostitution are among a "high risk group" and regulation would enhance the public health response.

The group was mandated by Health Minister, John Junor, to review Jamaica's laws in line with the International Guidelines on HIV/AIDS and Human Rights. Many countries have already taken steps in this direction.

If the issues of HIV/AIDS is to be properly addressed, the researchers say, homosexuality, prostitution and all other high-risk behaviour will have to be brought to the fore.

Director of the National HIV/AIDS Prevention and Control Programme, Dr. Yitades Gebre, explained last week that "for an effective preventive response to HIV/AIDS, it involves the participation of all sectors in protecting the human rights of persons living with HIV/AIDS and to safeguard human dignity related to the infection."

As a result, an overhaul of the laws was conducted from July to September and the recommendations made based on the review.

"The findings were that a comprehensive legislation must be introduced to deal with the issue of discrimination against people living with HIV/AIDS," Dr. Gebre said.

Sex with prostitutes is the third highest mode of transmission of HIV/AIDS in Jamaica accounting for 21 per cent of the cases. The leading transmission mode is through multiple sexual partners at 42.6 per cent and sexually transmitted infection history at 36.3 per cent.

If prostitution is formalised, recommendations put forward are that it "should be an offence for sex workers to engage in prostitution without registering and submitting to required and periodic testing for HIV or other sexual disease and to engage in unsafe sex practices." Additionally a duty should be imposed in respect of the following:

  • Disclosing HIV status to clients

  • The use of condom

  • HIV positive client to inform status to sex worker.

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