Should Sex Work be legitimate work / de criminalised?
Amnesty International (PRO LEGALISATION):
What is the difference between legalisation and de-criminalisation?
Legalization is different to decriminalization and it is not the model we are proposing.
Instead of the removal of laws criminalizing sex workers, legalization means the introduction
of laws and policies specific to sex work to formally regulate it.
Why should de-criminalise?
Governments should protect, respect and fulfil the rights of sex workers including:
Protecting them from harm, exploitation and coercion
Ensuring they can participate in the development of laws and policies that affect their lives
and safety
Guaranteeing access to health, education and employment options
It also calls for the decriminalization of sex work based on evidence that criminalization
makes sex workers less safe, by preventing them from securing police protection and by
providing impunity to abusers.
What does de-criminalisation mean:
It does not mean the removal of laws that criminalize exploitation, human trafficking or
violence against sex workers. These laws must remain and can and should be strengthened.
It does mean the removal of laws and policies criminalizing or penalizing sex work.
This includes laws and regulations related to selling and buying or organising sex work, such
as solicitation, renting premises, “brothel keeping” and living off the proceeds of
“prostitution”.
We use the term ‘sex work’ only for consensual exchanges between adults.
Why does Amnesty support de-criminalisation?
Under this model there is better scope for sex workers’ rights to be protected—whether that
be:
Access to health care;
Their ability to report crimes to the authorities;
Their ability to organise and work together for increased safety;
Or the comfort of knowing that their family will not be charged for “living off the proceeds”
of sex work.
Does this protect pimps?
Our policy is not about protecting “pimps”. Anyone who abuses or exploits sex workers
should face the full force of the law.
We do note, however, the very real problem with so called ‘pimping laws’—that they
frequently harm sex workers themselves, rather than their abusers, because they are overly
broad and not targeted enough.
For example, in many countries two sex workers working together for their safety is
considered a brothel and is therefore illegal.
Amnesty International believes the law should be used to tackle acts of exploitation, abuse
and trafficking in sex work; but we do not believe that catch-all offences that make sex
workers’ lives less safe are the most effective way to do this.
, Will it exacerbate human trafficking?
Decriminalizing sex work would not mean removing criminal penalties for trafficking.
States must have laws in place which criminalize trafficking, and use them effectively to
protect victims and bring traffickers to justice.
There is no reliable evidence to suggestthat decriminalization of sex work would encourage
human trafficking.
But criminalization of sex work can hinder the fight against trafficking:
for example, victims may be reluctant to come forward if they fear the police will take action
against them for selling sex.
Where sex work is criminalized, sex workers are also excluded from workplace protections
which could increase oversight and help identify and prevent trafficking.
Several anti-trafficking organizations including Freedom Network USA, the Global Alliance
Against Traffic in Women and La Strada International believe that decriminalization of sex
work would have a positive role to play in the fight against trafficking.
Will it exacerbate gender inequality?
Gender inequality can have a major influence on women’s entry into sex work; but
criminalization does not address this—it just makes their lives less safe.
The same is true for transgender and male sex workers – many of whom are gay or bisexual
(who experience discrimination and inequality.)
States must combat discrimination and harmful gender stereotypes, empower women and
other marginalised groups, and ensure that no one lacks viable alternatives for making a
living.
What evidence do Amnesty have?
They conducted detailed research first hand research in Argentina, Hong
Kong, Norway and Papua New Guinea and consulted more than 200 sex workers from
around the world.
COUNTER – SEX WORK SHOULD BE ABOLISHED NO DE-CRIMINALISED:
Julie Bindel – The Guardian:
Why are they against prostitution in principal?
Prostitution is inherently abusive, and a cause and a consequence of women’s inequality.
There is no way to make it safe, and it should be possible to eradicate it.
Prostitution is a once-sided exploitative exchange rooted in male power.
What is their solution?
They believe the progressive solution to the sex trade is to assist women to exit, and
criminalise those who drive the demand.
This is seen in Sweden – where criminalising the demand for sex work has been in place
since 1999.
Concern for Sex Workers Disingenuous:
Amnesty International (PRO LEGALISATION):
What is the difference between legalisation and de-criminalisation?
Legalization is different to decriminalization and it is not the model we are proposing.
Instead of the removal of laws criminalizing sex workers, legalization means the introduction
of laws and policies specific to sex work to formally regulate it.
Why should de-criminalise?
Governments should protect, respect and fulfil the rights of sex workers including:
Protecting them from harm, exploitation and coercion
Ensuring they can participate in the development of laws and policies that affect their lives
and safety
Guaranteeing access to health, education and employment options
It also calls for the decriminalization of sex work based on evidence that criminalization
makes sex workers less safe, by preventing them from securing police protection and by
providing impunity to abusers.
What does de-criminalisation mean:
It does not mean the removal of laws that criminalize exploitation, human trafficking or
violence against sex workers. These laws must remain and can and should be strengthened.
It does mean the removal of laws and policies criminalizing or penalizing sex work.
This includes laws and regulations related to selling and buying or organising sex work, such
as solicitation, renting premises, “brothel keeping” and living off the proceeds of
“prostitution”.
We use the term ‘sex work’ only for consensual exchanges between adults.
Why does Amnesty support de-criminalisation?
Under this model there is better scope for sex workers’ rights to be protected—whether that
be:
Access to health care;
Their ability to report crimes to the authorities;
Their ability to organise and work together for increased safety;
Or the comfort of knowing that their family will not be charged for “living off the proceeds”
of sex work.
Does this protect pimps?
Our policy is not about protecting “pimps”. Anyone who abuses or exploits sex workers
should face the full force of the law.
We do note, however, the very real problem with so called ‘pimping laws’—that they
frequently harm sex workers themselves, rather than their abusers, because they are overly
broad and not targeted enough.
For example, in many countries two sex workers working together for their safety is
considered a brothel and is therefore illegal.
Amnesty International believes the law should be used to tackle acts of exploitation, abuse
and trafficking in sex work; but we do not believe that catch-all offences that make sex
workers’ lives less safe are the most effective way to do this.
, Will it exacerbate human trafficking?
Decriminalizing sex work would not mean removing criminal penalties for trafficking.
States must have laws in place which criminalize trafficking, and use them effectively to
protect victims and bring traffickers to justice.
There is no reliable evidence to suggestthat decriminalization of sex work would encourage
human trafficking.
But criminalization of sex work can hinder the fight against trafficking:
for example, victims may be reluctant to come forward if they fear the police will take action
against them for selling sex.
Where sex work is criminalized, sex workers are also excluded from workplace protections
which could increase oversight and help identify and prevent trafficking.
Several anti-trafficking organizations including Freedom Network USA, the Global Alliance
Against Traffic in Women and La Strada International believe that decriminalization of sex
work would have a positive role to play in the fight against trafficking.
Will it exacerbate gender inequality?
Gender inequality can have a major influence on women’s entry into sex work; but
criminalization does not address this—it just makes their lives less safe.
The same is true for transgender and male sex workers – many of whom are gay or bisexual
(who experience discrimination and inequality.)
States must combat discrimination and harmful gender stereotypes, empower women and
other marginalised groups, and ensure that no one lacks viable alternatives for making a
living.
What evidence do Amnesty have?
They conducted detailed research first hand research in Argentina, Hong
Kong, Norway and Papua New Guinea and consulted more than 200 sex workers from
around the world.
COUNTER – SEX WORK SHOULD BE ABOLISHED NO DE-CRIMINALISED:
Julie Bindel – The Guardian:
Why are they against prostitution in principal?
Prostitution is inherently abusive, and a cause and a consequence of women’s inequality.
There is no way to make it safe, and it should be possible to eradicate it.
Prostitution is a once-sided exploitative exchange rooted in male power.
What is their solution?
They believe the progressive solution to the sex trade is to assist women to exit, and
criminalise those who drive the demand.
This is seen in Sweden – where criminalising the demand for sex work has been in place
since 1999.
Concern for Sex Workers Disingenuous:
