Legislation and Policy

The Sex Worker Implementation Tool (SWIT) offers practical guidance on effective HIV and STI programming for sex workers.

Legislation around sex work can be extremely complex and different legal models exist in different countries, and sometimes even within countries. While understanding the written laws and regulations is important, it does not provide a complete picture of the impact of sex work laws on the lives of sex workers. To understand this, it is essential to understand how the laws are interpreted, enforced, and implemented on the ground.

Sex workers worldwide are overwhelmingly excluded from social protection schemes and government emergency responses put in place for other workers. Criminalisation, stigma and discrimination, and the failure to recognise sex work as work compound sex workers’ exclusion and foster economic insecurity. Sex work must be recognised as work and all aspects decriminalised to ensure that sex workers can access the same social protections, emergency financial support, and labour rights as all other workers.

Despite the global trend of increasing mobility, migrant workers are still stigmatised and silenced – in politics and media alike. Additionally, migrant sex workers are painted as either victims or criminals in discourses that conflate sex work with human trafficking and deny sex workers the right to migrate. Their human rights are often ignored in favour of driving broader political agendas to restrict migration and criminalise sex work.

‘Social protection’ refers to measures designed to prevent and address situations which negatively affect people’s well-being, as well as measures which reduce vulnerability and facilitate social and economic stability. Sex workers are frequently viewed as requiring protection due to the predominant misconception of sex workers as ‘victims’ of trafficking and exploitation.

NSWP have written an open letter to the Prime Minister, the Government of Spain, and the leaders of all political parties in the Congress of Deputies regarding the legislative proposals to amend the Spanish Penal Code and introduce new provisions regarding sex work. The proposed reforms include amending the Penal Code to extend the punishment of third parties to include non-coercive relationships and decouple it from exploitation and consent, violating sex workers’ right to housing and the security of sex workers, many of whom live and work in the same place.

This infographic summarises the Briefing Paper on Sex Workers’ Lack of Access to Justice.

Sex workers around the world face a wide range of barriers to accessing justice, both as victims of crime and when charged with crimes. Since sex work is widely criminalised, most sex workers are denied access to the benefits and rights afforded to other workers under labour laws and face the risk of criminalisation, detention, deportation and legal sanction.

As a criminalised population, sex workers have been disproportionately impacted by the COVID-19 pandemic, often living in precarious economic situations and excluded from social protection systems. This policy brief includes feedback directly from sex worker-led organisations and sex workers on their experiences of the COVID-19 pandemic, including its impact upon access to services, supplies of HIV treatment, and prevention commodities.

This resource is a Community Guide to the Policy Brief: COVID-19 and Sex Workers/ Sex Worker-led Organisations. It provides an overview of the full Policy Brief, and provides key recommendations based on important lessons learned throughout the pandemic. 

You can download this 5-page resource above. This resource is available in English, Chinese, French, Russian and Spanish.