Trafficking and Prostitution
Trafficking for purposes of sexual exploitation is intimately
related to prostitution itself. As was discovered in the region,
individuals offering sexual services are considered to be prostitutes,
regardless of age, the circumstances of their involvement, or current
conditions. Similarly, the demand for sexual services does not
discriminate between coerced and voluntary service between service
providers who may have been trafficked and maintained under debt
bondage, coercion and violence, and those who may enjoy a greater
sense of agency.
The response from state actors police, prosecutors,
judges, immigration officers, public health workers, social service
agents is equally informed solely by an individual's position in the
commercial sex industry, rather than answering to the particular
circumstances of the woman, adolescent or child or whether they have
been trafficked. In the expanded Central American region, the
legislation, regulation and policies toward prostitution provide a
working context for sex trafficking.
In the absence of specific trafficking legislation or programs
offering victim services, trafficked persons are subjected to the
particular laws and regulations regarding prostitution, including health
controls.
The following chart summarizes the regulatory regime of each
country in the region:
| Country | Relevant Legislation | Health Controls |
| Belize | Adult prostitution is legal except for solicitation in public areas; procuring, trading on prostitution, and owning a brothel are prohibited. Facilitating the movement or exit of a woman for prostitution is illegal. Child prostitution is illegal. | Ministry of Health provides STD and HIV/AIDS testing. Considering instituting required health exams and issuing health cards. |
| Costa Rica | Adult prostitution is legal. Pimping and pandering are prohibited. Facilitating the entry or exit of a person for prostitution is illegal. Child prostitution is illegal. | Required health exams through the Ministry of Health. Required to carry health card. NGOs offer testing as well. |
| Dominican Republic | Adult prostitution is legal. Pimping and pandering are prohibited. Facilitating the exit of a person for prostitution is illegal. | Regular testing is required. |
| El Salvador | Adult prostitution is legal; solicitation in public areas is punishable by fine in San Salvador and other municipalities. Pimping and pandering are prohibited. Induction into prostitution is a crime. Child prostitution is illegal. | Health exams are provided by Ministry of Health and several NGOs. |
| Guatemala | Adult prostitution is legal. Pimping and pandering are prohibited. Facilitating the entry or exit of a person for prostitution is illegal. Child prostitution is illegal. | Health checks are required and offered by the Ministry of Health. An NGO in Guatemala City offers testing and education to women inside bars and brothels. |
| Honduras | Adult prostitution is legal; solicitation in public is punishable under municipal police code. Pimping and pandering are prohibited. Facilitating the entry or exit of a person for prostitution is illegal. Child prostitution is illegal. | Health checks required. Ministry of Health issues cards. |
| Nicaragua | Adult prostitution is legal. Pimping and pandering are prohibited. Facilitating the entry or exit of a person for prostitution is illegal; inducing prostitution is also a crime. Child prostitution is illegal. | N/A |
| Panama | Adult prostitution is legal; solicitation in public is punishable under municipal police code. Pimping and pandering are prohibited. Facilitating the entry or exit of a person for prostitution is illegal, unless accomplished by petitioning for a special "alternadora" visa, regulated by Immigration and the Ministry of Labor. Child prostitution is illegal. | Mandatory weekly testing. Required to carry health cards. |