THE COUNCIL OF Europe’s human rights commissioner has said the criminalisation of purchasing sex increases stigmatisation faced by sex workers and creates greater risks of violence against them.
The Council of Europe (COE) is the continent’s leading organisation in the field of human rights, democracy and the rule of law.
It was established in 1949 in the wake of World War II with the aim of promoting stability and increasing cooperation on the continent.
It currently has 46 member states, including Britain.
Its Commissioner for Human Rights Dunja Mijatović today published a commentary on “protecting the human rights of sex workers”.
The purchase of sex is criminalised across the island of Ireland, but the selling of sex is not.
The 2017 Sexual Offences Act made paying for sexual services a criminal offence.
Previously, paying for sexual services was only criminal if the person selling sex was either a victim of trafficking or a minor.
Under this law it is not an offence to receive money in exchange for sexual services, but it is against the law to advertise such services.
In her commentary today, Mijatović said that the criminalisation of third parties – even in the absence of criminalisation of sex work itself – “automatically and directly affects sex workers themselves as their working space overall becomes criminalised”.
Third parties include those who purchase sex, brothel-keepers, those who rent out flats to sex workers and those advertising sex work.
The COE’s human rights commissioner said this results in “increased stigmatisation of their work and greater risks of violence”.
She also noted that last year, a UN Working Group found 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”.
Mijatović stated that proponents of third-party criminalisation argue that “such legislation reduces demand, helps decrease the volume of sex work overall and contributes to the fight against gender-based violence and human trafficking for the purpose of sexual exploitation”.
But she said that there are now “consistent reports” showing that in some states, commercial sexual services have increased in the period following the criminalisation.
She also noted that several anti-trafficking organisations report that the criminalisation of the purchase of sex has “no proven impact on preventing and combating human trafficking and may even undermine the identification of victims of trafficking among sex workers and their protection”.
Mijatović said the way forward should be a “human rights-based approach to sex work”.
She said such an approach “means that consensual sexual relations between adults for remuneration should not be criminalised”.
The human rights commissioner said the criminalisation of “clients or third parties has significantly reduced sex workers’ access to rights and essential services and has led sex workers to live and work in a clandestine manner and in isolation, in fear of the justice system”.
She added: “Conversely, decriminalisation of consensual adult sex work has had positive effects on the safety of sex workers and on their access to social protection and health services, resulting in improved health outcomes.”
In 2022, Belgium became the first European country to decriminalise sex work.
Mijatović remarked that this new law has “extended labour rights also to sex worker employees, including rules around working hours and payment, the right to refuse clients and the mandatory availability of emergency buttons in every room”.
“The new law also decriminalises third parties, who will no longer be penalised for opening a bank account for sex workers or renting out accommodation, and it allows sex workers to advertise their services,” she added.
However, she cautioned that “consensual adult sex work should not be conflated with violence against women or trafficking in human beings”.
“Instead, sex workers should be protected from violence, human trafficking and exploitation,” said Mijatović.
“The decriminalisation of sex work does not mean the removal of laws that criminalise exploitation, human trafficking or violence against sex workers.
“On the contrary, these laws must remain, and should be strengthened.”
Mijatović also expressed concern that sex workers are “either not consulted at all before decisions concerning their work and lives are taken or, even when they are consulted, their views are not seriously considered”.
“No-one can speak better for sex workers than sex workers themselves, no-one knows the environment better, nor the reasons that lead individuals to engage in sex work.
“For effective and truly empowering and protective human rights based policies to be developed and implemented, it is indispensable that greater attention and visibility is given to their voices and rights.”
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