Amnesty International (AI) [advocacy website] published a policy statement [text; PDF] on Wednesday calling for the decriminalization of sex workers [press release]. Stating that, “[s]ex workers are at heightened risk of a whole host of human rights abuses including rape, violence, extortion and discrimination,” AI called for governments to “do more to protect people who do sex work from violations and abuse.” AI’s comprehensive policy called on governments to, among other things, “decriminalize consensual sex work, including those laws that prohibit associated activities—such as bans on buying, solicitation and general organization of sex work;” “[e]nsure the meaningful participation of sex workers in the development of law and policies that directly affect their lives and safety; [r]efocus laws away from catch-all offences that criminalize most or all aspects of sex work and towards laws and policies that protect sex workers’ health and safety and that oppose all acts of exploitation and trafficking in commercial sex (including of children); [e]nsure that there are effective frameworks and services that allow people to leave sex work if and when they choose; and [e]nsure that sex workers have equal access to justice, health care and other public services, and to equal protection under the law.” AI also published four independent research reports on the sex work situation in Papa New Guinea, Hong Kong, Norway, and Argentina [reports; PDF]. AI’s research in these and other countries indicate that sex workers are often afforded very little or no protection from abuse or legal redress, and also often have very little or no access to much needed health care “even in countries where the act of selling sex itself is legal.” According to AI, criminalization enables the police to harass sex workers and not prioritize their complaints and safety. AI’s Senior Director for Law and Policy, Tawanda Mutasah, stated that “[t]his situation can never be justified. Governments must act to protect the human rights of all people, sex workers included. Decriminalization is just one of several necessary steps governments can take to ensure protection from harm, exploitation and coercion.”

The decriminalization of sex work continues to be a matter of considerable controversy in many countries. Most countries continue to impose heavy criminal penalties on sex workers. Last month, the French Parliament [official website] passed legislation [JURIST report] which will make it illegal to pay for sex within the nation. In March the Constitutional Court of South Korea [official website] upheld [JURIST report] a law that punishes individual sex workers. The South Korean high court called prostitution “violent and exploitative in nature,” and stated that it was inherently non-coercive. In 2011, the Supreme Court of Canada [official website] agreed to review a British Columbia Court of Appeal [official website] decision allowing a challenge [JURIST report] to the country’s anti-prostitution laws. In September 2010 the Ontario Superior Court of Justice (OSCJ) [official website] struck down [JURIST report] several provisions of Canada’s anti-prostitution laws, citing the danger they generate for sex workers. In Canada, prostitution itself is legal even though many ancillary acts are not. In November 2009, the Constitutional Court of Taiwan [official website; Taiwanese] ruled that a law penalizing prostitutes [JURIST report] and not their clients was unconstitutional because it undermined equality under the country’s constitution.