1.1 Introduction
Sex work refers to the consensual exchange of sexual services between adults for money or goods. The trade involves female, male, or transgender individuals, and can be undertaken in a variety of venues, such as working as escorts, from private homes, in strip clubs, in brothels, and seeking clients in public locations. Prostitution is the term used by Kenyan law to describe the exchange of sexual activity for monetary payment.
The Kenya Most At Risk Population National estimation consensus report 2013 conducted by NASCOP estimates the size female sex workers in Kenya to be around 133,675.
Sex workers are identi ed Key Populations, along with men who have sex with men and people who inject drugs are identi ed as Key Populations within the HIV response.They are socially marginalized, often criminalized and face a range of human rights abuses that increase their vulnerability to HIV infection. Sex workers in Kenya face violence and human rights violations from clients, law enforcement of cials, health care service providers and the larger part of the society as a result of stigma, discrimination and negative perceptions associated with sex work. Criminalization of sex work restricts the rights of a sex worker to access the formal justice system and limits their access to quality affordable legal services. Sex workers also experience numerous challenges in their access to health care services. The National HIV and AIDS Stigma and Discrimination Index Report recommends creating awareness of existence of legal frameworks and institutions, that promote access to social justice and strengthening mechanisms of legal redress and speedy justice. Legal empowerment of sex workers will enable them address human rights violations; ultimately ensuring they are able to access both the legal and health services that they require.
Community paralegals play an essential role in assisting communities in accessing justice. Their role is to inform people of their rights under the law; to help them to assert and obtain those rights; to negotiate on their behalf; and where necessary, to contact a lawyer if they face dif culties or challenges.Accessing justice for sex workers goes beyond access to the courts and law enforcement; community paralegals would be particularly bene cial to individuals seeking guidance on legal issues that need not escalate to the police or courts. Alternatives for dispute settlement should be considered before litigation.
Adequate training is essential for paralegals to keep them updated with relevant laws and changes in legal provisions and procedures. KESWA has developed this training manual as a tool to scale up quality, affordable and timely legal services to the community if sex workers in Kenya.
Curriculum
- 15 Sections
- 96 Lessons
- Lifetime
- Pre-Assessment1
- 1.0 Overview2
- 2.0 Understanding the Concept of Paralegals7
- 3.1Listen to the Module
- 3.22.1 Who is a Paralegal?
- 3.32.2 What are the roles of a paralegal?
- 3.42.3 What skills are required by a community paralegal?
- 3.52.4 How should a paralegal conduct themselves while performing their duties?
- 3.62.5 How will paralegals be useful to the sex-workers’ communities in Kenya?
- 3.7Exercise
- 3.0 Basics of the Legal System in Kenya5
- 4.0 Overview of Human Rights11
- 5.1Listen to the Module
- 5.24.1 What are Human Rights and why are they important?
- 5.34.2 Are human rights different from legal rights?
- 5.44.3 What are the Characteristics and Principles of human rights?
- 5.54.4 Where do human rights come from?
- 5.64.5 What are the principles of human rights?
- 5.74.6 How are human rights realized?
- 5.8Exercise
- 5.94.7 What are the obligations of Government in relation to human rights?
- 5.10Individual Assignment
- 5.11Exercise
- 5.0 Understanding the link between Human Rights, Health & Sex work in Kenya8
- 6.1Listen to the Module
- 6.25.1 Are human rights recognized in Kenya?
- 6.35.2 Is Health a human right and how does it promote the overall well-being of sex workers?
- 6.45.3 What is the link between human rights, HIV and sex work?
- 6.55.4 What factors affect the enjoyment of human rights by sex workers?
- 6.65.5 What is involved in documenting human rights violations and why is this useful?
- 6.75.6 What action can be taken to enforce health related human rights for sex workers in Kenya?
- 6.8Exercise
- 6.0 Understanding HIV related rights8
- 7.1Listen to the Module
- 7.26.1 What are HIV-related rights?
- 7.36.2 Is there law in Kenya that protects the rights of people living with and affected by HIV?
- 7.46.3 HIV and AIDS prevention and Control Act 2006(HAPCA)
- 7.56.4 What are some of the rights relating to HIV?
- 7.66.5 Are people under legal duty to disclose their HIV status?
- 7.76.6 If HIV related rights are violated, what action can be taken?
- 7.8Exercise
- 7.0 Understanding HIV Related Rights, The Legal position relating to Sex work in Kenya6
- 8.1Listen to the Module
- 8.27.1 What is legally referred to as sex work?
- 8.37.2 What sex work related activities are criminalized in Kenya?
- 8.47.3 What other laws directly affects sex workers in Kenya?
- 8.57.4 If arrested on a criminal charge relating to sex work, does a suspect have any rights?
- 8.6Exercise
- 8.0 Basics of Civil Procedure7
- 9.0 Children Rights8
- 10.1Listen to the Module
- 10.29.1 What are children’s rights?
- 10.39.2 What laws provide for the rights of children in Kenya?
- 10.49.3 Who is allowed to care for a child?
- 10.59.4 When is a child in need of care and protection?
- 10.69.5 Who is responsible for child protection in Kenya?
- 10.79.6 Sexually exploited Children who sell sex
- 10.8Exercise
- 10.0 Who can own Property?Economic empowerment of sex workers is important in efforts towards poverty alleviation and can ultimately mitigate the exploitation and violence associated with their work. Acquisition of property can provide good investment as well as source of income for sex workers. Basic knowledge on property rights is important.6
- 11.0 Addressing violence against sex workers8
- 12.1Listen to the Module
- 12.211.1 What is violence?
- 12.311.2 What forms of violence do sex workers in Kenya often experience?
- 12.411.3 Are there laws in Kenya that protect sex workers from violence?
- 12.511.4 What action can a sex worker take to prevent incidences of violence?
- 12.611.5 What action should be taken as part of violence response?
- 12.711.6 Providing basic counseling to survivors of violence
- 12.8Exercise
- 12.0 Basics of Criminal Procedure in Kenya7
- 13.1Listen to the Module
- 13.212.1 What is criminal procedure?
- 13.312.2 Who can make an arrest and how is an arrest made?
- 13.412.3 Does an arrested person have any legal rights?
- 13.512.4 What is the procedure in court for criminal cases?
- 13.612.5 Can an accused person represent himself or herself in court?
- 13.7Exercise
- 13.0 Communication Skills4
- 14.0 Resolving disputes by use of mediation8