The approach of the Working Group
The Working Group considers that there is now sufficient evidence on the harms of any forms
of criminalisation of sex work, including criminalisation of clients and ‘third parties’ related
activities. It notes the growing consensus by international human rights and other international
bodies on full decriminalisation of adult voluntary sex work, as well as the advocacy of sex
workers rights movements for this approach. Whilst not finding it necessary to define sex
work and noting the different experiences of diverse women and persons, it proposes full
decriminalisation of adult voluntary sex work from a human rights perspective, as it holds the
greatest promise to address systemic discrimination and violence and the impunity for the
violations of sex workers’ rights. It also constitutes the approach best suited to enhancing their
rights to health and other socio-economic rights, freedom from torture, inhuman or degrading
treatment, right to private life, and freedom from discrimination. Further, a decriminalised
framework is most conducive to the protection of their rights to participate in public and
political life.
Decriminalisation would not jeopardise the protective functions of the State in relation to
combatting exploitation, as other criminal law provisions would be used in the case of
violence, compulsion or exploitation, including anti-trafficking laws. However, antitrafficking
measures should not be implemented in a way that infringes sex workers’ rights, as
recognised by the Special Rapporteur on trafficking in persons and the Special Rapporteur on
the right to health.
In addition to removing any criminal law provisions relating to sex work, the Working Group
calls for ending the practice of arbitrary application of other punitive provisions against sex
workers, including vagrancy, public decency, public order provisions, and forms of ‘reeducation’,
as well as ending the practice of criminalisation of poverty.
In addition, any obstacles to access to justice, including judicial stereotyping should be
addressed, and sex workers should have effective access to quality legal aid, to seek recourse
in individual cases and to engage in strategic litigation as a class of individuals who face
systemic discrimination and exclusion.
Sex workers should be guaranteed all human and labour rights, including in relation to
occupational health and safety, to ensure safe and non-exploitative work environments. They
should have social protection and equal access to the full range of social, economic and health
rights.
Stigmatisation and discrimination also need to be tackled through sustained and
comprehensive strategies elaborated with all concerned national stakeholders, and appropriate
measures should be taken to eliminate all forms of gender-based discrimination, violence and
exploitation. It is also important to ensure that sex workers have access to information and
education on their human rights.
Sex workers should be consulted and provided every opportunity to be directly involved in
the development and implementation of legal frameworks and public policy on sex work, as
well as allowed to fully exercise their right to form associations, including trade unions. The
prevalence of harmful sex- and gender-stereotyping and systems of oppression and inequality
as well as the underlying sexism and misogyny and other systems of oppression and
inequality should be also taken into account in the elaboration of any new law or policy.
Finally, greater visibility should be given to sex workers’ rights in the international human
rights arena, which will require intentionally increasing sex workers’ access to international
mechanisms and bodies. Solidarity between movements should be strengthened to ensure that
no one is left behind.
