REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA  Smooth the way for sex worker access to health services – particularly STI treatment, HIV testing and ART provision. In order to ensure this, it is critical to deal with stigma in health services.  Deal with the human rights abuses and violence from partners, clients and the police.  Educate clients of sex workers on the importance of using condoms, the rights of sex workers not to be assaulted and to be paid for their services.  Challenge legal barriers to reaching sex workers with services. There is a lack of a legal framework in which the programme for sex workers can operate optimally in South Africa.  Provide skills development and income-generating capacity for sex workers who want to leave sex work and address the social and economic factors that force many women into sex work. Sexual orientation and gender identity 92. The legislative framework provides for equality and rights of the lesbian, gay, bisexual, transsexual and intersex (LGBTI) community, as well as their protection under the law. The legislation includes the Constitution and the Bill of Rights, the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000,310 the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,311 the Domestic Violence Act, 1998312 and the Civil Union Act, 2006.313 93. South Africa’s democratic transition proved to be a watershed period for rights around sexual orientation in the country. The Constitution guarantees equality for all and prohibits discrimination based on, amongst others, gender, sex, race and sexual orientation. It further provides for the protection of all persons, including gays and lesbians. In 1998 Parliament of South Africa passed the Employment Equity Act, 1998314 protecting persons against workplace discrimination on the basis of sexual orientation. In the same year, the Constitutional Court ruled that the law prohibiting homosexual conduct between consenting adults in private was unconstitutional.315 South Africa is the fifth country in the world and the first in Africa to recognize same sex marriages. 94. Despite the legal framework, homophobia, discrimination and prejudice still exist. By May 2009 there were 20 documented cases of murder of lesbians in South Africa. Since then there has been an increase in the number of murders of lesbians due to hate crimes and “corrective rape”. In 2011, the court was able to successfully prosecute four men for such an act and each sentenced 310 Act No. 4 of 2000 Act No. 32 of 2007 312 Act No. 116 of 1998 313 Act No. 17 of 2006 314 Act No. 55 of 1998 315 National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others (CCT11/98) [1998] ACC 15; 1999 (1) SA 6; 1998 (12) BCLR 1517 (9 October 1998) 311 162

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