Human rights and the right to health

Introduction Definition of human rights Key human rights instruments Key human rights for sex workers Right to health

Human rights Human rights are rights that every person has and is entitled to by virtue of being a human being. Human rights apply to all people without distinction of any kind, such as nationality, place of residence, sex, age, national or ethnic origin, colour, religion, political or other opinion, language, or any other status. We are all equally entitled to our human rights without discrimination.

Human rights Key characteristics of human rights: Fundamental – indispensable for living with dignity Inherent – they are not granted by any person or authority, every person is entitled to them as human being Inalienable – they can not be taken away, given away or denied Indivisible – they can not be divided and they are equally important Interdependent – fulfilling one can not happen without fulfilling others

Human rights instruments Human rights are defined by international and regional treaties: Universal Declaration of Human Rights (1948) European Convention on Human Rights (1953) International Covenant on Civil and Political Rights (1966 [1976]) International Covenant on Economic, Social and Cultural Rights (1966 [1976]) Convention on the Elimination of All Forms of Discrimination against Women CEDAW (1979)

What rights do we have as humans?

Human rights are sex workers’ rights NSWP, 2013,

Human rights are sex workers’ rights Right to associate and organise Sex workers have a right to self-determine, self-organise and collectively advocate for their rights.

Human rights are sex workers’ rights Right to be protected by the law Sex workers should have equal access to justice and ought to receive equal treatment before the law. A rally at Allan Gardens park to support Toronto sex workers and their rights in Toronto 20th Dec 2013, The Canadian Press/Mark Blinch

Human rights are sex workers’ rights Right to be free from violence Sex workers have a right to be free from all forms of violence, including psychical, psychological and sexual violence, as well as economic violence.

Human rights are sex workers’ rights Right to be free form discrimination Sex workers have a right not to be discriminated against within social system and institutions and to be treated equally in all context of social and everyday life.

Human rights are sex workers’ rights Right to privacy and freedom from arbitrary interference Sex workers should not be subjected to arbitrary interference with their privacy, family, home or correspondence, nor to attacks upon their honour and reputation.

Human rights are sex workers’ rights Right to move and to migrate Sex workers have a right to move within their city or country, leave their country and request entry into another country.

Human rights are sex workers’ rights Right to work and free choice of employment Sex workers have a right to freely chose their livelihood, work in fair and safe working conditions, and have equal access to labour rights and protections.

Human rights are sex workers’ rights Right to health Sex workers have a right to the enjoyment of highest attainable standards of mental and physical health. [The right to health does not mean the right to be healthy]

Right to health Access to health care Social determinants of health Participation

Underlying determinants of health Adequate nutrition and housing Health-related education and information Healthy and safe working conditions Enabling social environment Free from violence Free from discrimination, homophobia, transphobia, racism Free from legal oppression Gender equality

Health services should be: Available there should be a sufficient numer of functioning health care facilities, goods and services Accessible health facilities, goods and services should be accessible to everyone Acceptable all health facilities, goods and services must be respectful of medical ethics and culturally appropriate as well as sensitive to gender and life-cycle requirements Appropriate health facilities, goods and services must be scientifically and medically appropriate and of high quality

Right to health is sex workers’ right What health services do sex workers want and need?

Sex workers have right to: Information, education, and communication (IEC) on sex work health- related issues Preventive materials (male & female condoms, lubricant) Other contraception methods Safe abortion/post abortion care STI/HIV testing, counselling and treatment Information on gender reassignment surgery/hormonal therapy Drug and alcohol use counselling Harm reduction services (NSP, OST) Sexual assault services Non-judgemental psychological counselling

Participation means informed and active involvement of the population and marginalised communities, including sex workers, in health-related decision making at the community, national and international level.