The Council of Europe (COE), a prominent organization dedicated to human rights, democracy, and the rule of law on the continent since its establishment in 1949, has consistently advocated for the protection of marginalized groups. Among these, sex workers often face stigma and violence, exacerbated by laws criminalizing the purchase of sex, as highlighted by COE's Commissioner for Human Rights, Dunja Mijatović.
In her recent commentary, Mijatović underscores how the criminalization of purchasing sex, despite the legality of selling sex in some regions like the island of Ireland, contributes to the marginalization of sex workers and heightens their vulnerability to violence. She emphasizes that such legislation effectively criminalizes the working environment of sex workers, encompassing not only clients but also third parties involved in various aspects of the industry, such as brothel-keepers and advertisers.
Contrary to arguments advocating for the criminalization of third parties to reduce demand and combat human trafficking, Mijatović points out that evidence suggests otherwise. Reports indicate that in certain states, commercial sexual services have increased following such criminalization, while anti-trafficking organizations highlight its ineffectiveness in preventing and combating human trafficking. Moreover, it may hinder the identification and protection of trafficking victims among sex workers.
Mijatović advocates for a human rights-based approach to sex work, emphasizing that consensual adult activities should not be criminalized. She asserts that criminalizing clients or third parties diminishes sex workers' access to essential services and rights, pushing them into clandestine and isolated work environments out of fear of legal repercussions. In contrast, decriminalization has shown positive impacts on sex workers' safety, access to social services, and health outcomes, as exemplified by Belgium's recent legislation.
However, Mijatović clarifies that decriminalization does not equate to condoning exploitation, human trafficking, or violence against sex workers. She stresses the necessity of maintaining and reinforcing laws addressing these issues while ensuring sex workers' protection from harm and exploitation.
Additionally, Mijatović raises concerns about the lack of meaningful consultation with sex workers in policymaking processes affecting their lives and work. She asserts that their voices and perspectives are indispensable for the development and implementation of effective and empowering human rights-based policies.
In conclusion, Mijatović calls for greater recognition of sex workers' rights and voices, advocating for policies that prioritize their safety, well-being, and agency. By adopting a human rights-based approach and involving sex workers in decision-making processes, societies can better address the challenges faced by this marginalized community while upholding fundamental principles of justice and dignity for all.