This is a summary of NSWP's Consensus Statement on Sex Work, Human Rights, and the Law. The Consensus Statement is issued on behalf of NSWP members and the sex workers they represent including sex workers of all genders, class, race, ethnicity, health status, age, nationality, citizenship, language, education levels, disabilities, and many other factors.
Resources
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This systematic review and meta-analysis, led by the London School of Hygiene and Tropical Medicine (LSHTM), has found that sex workers who have experienced 'regressive policing' (including arrest, extortion and violence from police), are three times more likely to experience sexual or physical violence. The study examines the impacts of criminalisation on sex workers’ safety, health, and access to services, using data from 33 countries. Sex workers' health and safety was found to be at risk not only in countries where sex work was criminalised, but also in Canada, which has introduced the “Nordic model”, where purchasing sex is specifically criminalised.
Yale Global Health Justice Partnership (GHJP) has released two complementary analyses on prostitution “diversion” programs (PDPs) in the USA: Diversion from Justice: 'A Rights-Based Analysis of Local ‘Prostitution Diversion Programs’ and their Impacts on People in the Sex Sector in the United States'; and 'Un-Meetable Promises: Rhetoric and Reality in New York City’s Human Trafficking Intervention Courts'. One is national in scope and the other focused specifically on New York City programming.
In New Zealand, the Prostitution Reform Act was passed in 2003. Its purpose is to decriminalise prostitution. Following the Act, the Department of Labour, in cooperation with the New Zealand Prostitues Collective (NZPC), developed the Occupational Health & Safety guidelines for the sex industry. This article looks at the development and effects of the New Zealand approach. It was written by members of the NZPC and was published as part of Research for Sex Work 14: Sex Work is Work.
This large, Canadian research explores the perceived control and power within interactions between sex workers and their clients. Sex workers and clients report that most of their interactions are free of conflict and are characterised by relatively symmetrical dynamics of control and power. The ability to negotiate over the terms and conditions of the commercial sexual services offered and sought before meeting in person is linked to workers feeling more control over condom use and feeling more empowered compared to those whose first encounter with clients is face-to-face. This ability to clearly advertise services allows workers to more explicitly state what is and is not being offered so that there is less confusion over expectations, something that most clients appear to appreciate and desire for themselves.
This research investigates sex workers’ opinions on support services in Berlin, Germany. In Berlin, support services for sex workers range from financial, health and legal support to psychosocial counselling and support with issues of migration, etc. Most are carried out by social workers at NGOs targeted at sex workers. While some of these NGOs advocate for sex worker rights, many aim to ‘rescue’ sex workers and to abolish sex work. The researcher concludes there is a discrepancy between support services demand and supply. This article was published in Research for Sex Work 14: Sex Work is Work.
This articles outlines the benefits and shortcomings of German sex work laws. It also describes the danges of forthcoming revisions to Germany's policies. This article was written by Hydra e.V. and pubished as part of Research for Sex Work 14: Sex Work is Work.
This publication documents the lessons learned from the process of implementing a four-country research project on sex work and violence through the narratives and reflections of those who participated in the research since its inception in 2011. The publication was commissioned by the Centre for Advocacy on Stigma and Marginalization (CASAM) in consultation with APNSW, UNDP, UNFPA and P4P (Asia-Pacific regional offices in Bangkok). Funding for the travel to conduct interviews towards this documentation was provided by UNDP.
The regional report of this multi-country study contains findings and recommendations to address violence experienced by sex workers in Asia. Sex workers experience extreme physical, sexual, emotional and economic violence at work, in health care and custodial settings, in their neighbourhoods and in their homes. This violence denies sex workers their fundamental human rights — to equal protection under the law; protection against torture, cruel, inhuman and degrading treatment; and their right to the highest attainable standard of physical and mental health.
This study gives a legal analysis of the legislative framework and jurisprudence relating to human trafficking in Canada. It also analyses the views of both criminal justice system personnel and SWAN society personnel on the enforcement and use of anti-trafficking legal measures. Contents include:
A sex worker-led observational report on the first year of the court project
A “working paper” prepared as background to Building on the Evidence: An International Symposium on the Sex Industry in Canada
This paper is a result of a research programme in Canada’s sex industry: workers and their intimate partners, managers and clients.
In 1999, the Swedish government embarked on an experiment in social engineering1 to end men’s practice of purchasing commercial sexual services. The government enacted a new law criminalizing the purchase (but not the sale) of sex (Swedish Penal Code). It hoped that the fear of arrest and increased public stigma would convince men to change their sexual behaviour. The government also hoped that the law would force the estimated 1,850 to 3,000 women who sold sex in Sweden at that time to find another line of work.
This paper places the development of sex workers’ movements over the past two decades within the historical context of feminist discourses on violence against women. The paper discusses the importance of the discourse on violence against women in framing contemporary abolitionist campaigns that seek to criminalize sex work. It goes on to discuss the contemporary context, including the status of alliances and dialogue between women’s, LGBTQ, and sex workers’ movements, focusing on India.
On June 4th, 2014 Justice Minister Peter MacKay introduced Bill C-36, the Protection of Communities and Exploited Persons Act. The draft legislation proposes a legal frameworkthat criminalises communication in public for the purpose of prostitution, the purchase ofsexual services, material benefit, and the advertisement of sexual services.
A number of people are excluded from the process and benefits of development because of their sexuality. Policies designed to lift people out of poverty, to provide employment and access to crucial services, all too often exclude those who do not conform to ‘normal’ sexual or gender identities. In many countries, this exclusion is also enforced through law.
This report deals with the various forms of exploitation experienced by migrant women in the labour market and how legislation designed to police immigration and prevent trafficking often fails to protect these vulnerable women. The report also examines the role of the media in objectifying migrant women through their often negative, stereotypical portrayals.
The present article was written by a member of NSWP.