DECRIMINALIZE SEX WORK

A policy statement just released by the world’s highest profile human rights organization. Amnesty International, calls for the decriminalization of the trading of sex between consenting adults. Amnesty International opposes the criminalization or punishment of activities relating to the buying or selling of consensual sex between adults. This policy is based on the human rights principle that consensual sexual conduct between adults—which excludes acts that involve coercion, deception, threats, or violence—is entitled to protection from state interference (bearing in mind that legitimate restrictions may be imposed on sex work, as noted below). This policy is also based on principles of harm reduction: on balance, the available evidence indicates that the criminalisation of sex work is more likely than not to reinforce discrimination against those who engage in these activities, to increase the likelihood that they will be subjected to harassment and violence, including ill-treatment at the hands of police, and to lead to the denial of due process and the exclusion from public benefits such as health services, housing, education, and immigration status. This policy does not change Amnesty International’s longstanding position that trafficking into forced prostitution should be criminalized as a matter of international law.  Amnesty International considers children involved in commercial sex acts to be victims of sexual exploitation, entitled to support, reparations, and remedies, in line with international human rights law. States must take all appropriate measures to prevent violence and exploitation of children. Amnesty International’s statement is the outcome of a thorough review of the impact of criminalization in countries around the world. It mirrors closely the policy on sex work of the agencies of the United Nations that are focused on these issues. Sex work has been around for pretty much as long as humans have walked the planet. Sex is a natural human function. We are hardwired to want it. Criminalization, which is intended to eliminate the trade of money for sex, has in fact done nothing more than drive the trade underground, where it is easily exploited by real criminals. The evidence shows that the economic cost of criminalization to society in police and justice system resources is high. It results in discriminatory attitudes toward sex workers, increased costs in dealing with sexually transmitted disease, and ever the exploitation of sex workers by police. Laws against the consensual trading of sex are based on moral questions, not on any potential harm to person or property. Morality is in the eye of the beholder and can shift dramatically, depending on place and time. We believe that that consensual trading of sex is a human right that should not be subject to legal sanction. Guaranteeing human rights without discrimination is the most effective way to ensure the empowerment of people involved in sex work and the protection of all individuals from discrimination, violence, and coercion. Amnesty International’s policy concerns itself with decriminalization, but takes no position on regulation. We believe a properly regulated sex trade can result in less discrimination against sex workers, healthier and safer working conditions, and potentially a revenue stream that can be directed toward eliminating the coerced exploitation of women and children for sex.