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News/Event Item
Anti-Prostitution Pledge Struck Down
The Global Health Council Welcomes News of a Court Ruling on the "Anti-Prostitution Pledge"
A federal judge of the U.S. District Court for the Southern District of New York ruled May 9 that the "Anti-Prostitution Pledge" requirement of U.S. HIV/AIDS programs violated the First Amendment rights of two plaintiff organizations, Alliance for Open Society International (AOSI) and Pathfinder International. The Global Health Council welcomes this ruling.
The ruling may open the doors for a reprieve for U.S. organizations that work with groups of commercial sex workers around the world, but non-U.S. based organizations still suffer from restrictions imposed by the pledge requirement.
At issue in the case is a requirement that public health groups receiving U.S. funds pledge their opposition to prostitution in order to continue their life-saving HIV prevention work. Under this requirement, recipients of U.S. funds are forced to adhere to official U.S. policy even in their privately funded speech regarding the most effective ways to engage high-risk groups in HIV prevention.
The judge found that First Amendment rights were violated by restricting their privately funded speech and by forcing them to adopt the U.S. government's viewpoint as their own formal policy in order to remain eligible for funds. "The Supreme Court has repeatedly found that speech, or an agreement not to speak, cannot be compelled or coerced as a condition of participation in a government program," wrote Judge Victor Marrero. The plaintiffs are represented by the Brennan Center for Justice at NYU School of Law.
None of the organizations receiving funds supports prostitution, but these organizations work with prostitutes to prevent HIV spread. It is essential that such organizations maintain their ability to engage in proven, effective HIV prevention methods with at-risk populations.
"This is an important step in upholding the rights of free speech among organizations working to improve health for everyone, even those in socially and politically ostracized groups," said Dr. Nils Daulaire, president of the Global Health Council. "Health care workers must be able to help those who are in need of prevention, care and treatment without counter-productive obstacles, whether real or perceived. But the effects of this policy are not limited to the U.S. nongovernmental organizations. As a global health community, we must still find a way to undo this damaging restriction for those not covered by the court case, most particularly health care organizations in other countries."
It is important to note that, while the judge's ruling only applies to the plaintiffs in this case, it does provide a precedent for other U.S.-based organizations receiving U.S. HIV/AIDS funds. Foreign organizations must still comply with the anti-prostitution loyalty oath as a condition of receiving U.S. HIV/AIDS assistance because they are not covered under U.S. Constitutional protections.
View this Statement in PDF format (26K)
category: Global Health Council News : General Health News
contributed by Winnie Mutch on 1 May 2006
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