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12 September 2024

Protecting the human rights and improving the lives of sex workers and victims of sexual exploitation

Report[1]

Committee on Equality and Non-Discrimination

Rapporteur: Mr Fourat Ben Chikha, Belgium, Group of Socialists, Democrats and Greens

Summary

Sex workers are a diverse group, coming from all walks of life. The vast majority of them are women, which makes sex work a gender equality and women’s rights issue. Sex workers face stigmatisation and marginalisation, are particularly vulnerable to violence and abuse, and face high levels of discrimination in access to education, employment, health, housing, justice, and protection for violence. Intersectional discrimination heavily impacts sex workers.

Council of Europe member States have a wide margin of appreciation in choosing their policies and legislation on sex work, which range from decriminalisation to criminalisation of activities related to sex work, or the purchase of sex services. Irrespective of the model of legislation chosen, they should step up efforts to counter the discrimination that sex workers face, and protect their safety and dignity. They should also counter forced prostitution and make sure that exit strategies are easily available to those who wish to leave sex work.

Trafficking in human beings is a severe human rights violation that targets women and girls disproportionately, particularly as regards trafficking for purposes of sexual exploitation, including forced prostitution. Trafficking is therefore often adjacent to sex work, but the two phenomena should not be conflated. Member States should step up efforts to counter trafficking and violence against women, among other things by enforcing the relevant Council of Europe conventions.

A.         Draft resolution[2]

1.         Sex workers are part of society and are entitled to safety, respect for their dignity and protection from discrimination. Their agency, bodily autonomy and self-determination should be acknowledged, and their opinions should be listened to. Sex workers are a diverse group and come from all walks of life. As the vast majority of them are women, sex work is particularly relevant to gender equality and women’s rights.     

2.         The Parliamentary Assembly observes with concern that despite these facts, sex workers continue to face stigmatisation and marginalisation, are particularly vulnerable to violence and abuse, and face high levels of discrimination in access to education, employment, health, housing, justice and protection from violence. 

3.         The discrimination experienced by sex workers is not only based on their occupation but also on other prohibited grounds including gender, nationality, ethnic origin, migrant status, sexual orientation, gender identity and gender expression. Policies adopted to counter such discrimination should therefore be gender-sensitive and based on an intersectional approach.

4.         The Assembly notes that Council of Europe member States have a margin of appreciation in adopting legislation and policies on sex work. They should prioritise a human rights-based approach aimed at preventing and countering exploitation and discrimination against sex workers and ensure their full access to, and enjoyment of, human rights.

5.         The Assembly considers that preventing and combating trafficking in human beings should be a top priority for Council of Europe member States, which must step up their efforts to counter this scourge by adopting ambitious legislation and policies and implementing them effectively. Trafficking in human beings is often perpetrated across national borders, therefore member States should further strengthen international co-operation on criminal matters, using appropriate instruments such as the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197).

6.         The Assembly notes that, while trafficking for purposes of sexual exploitation, including forced prostitution, is one of the main types of trafficking in human beings, particularly with regard to women and girls, sex work should not be conflated with trafficking. Nevertheless, in view of the scale of overlap, co-operation with sex workers and relevant civil society organisations should be part of the implementation of anti-trafficking policies, as they are best placed to identify where sex workers are victims of trafficking.

7.         Social stigma and discrimination in access to employment also constitute barriers for sex workers who wish to change their occupation, rendering them more vulnerable to abuse and exploitation. This should be addressed as a matter of urgency by supporting those who decide for any reason to change situations and by combating negative attitudes.

8.         Referring to its Resolution 1983 (2014) “Prostitution, trafficking and modern slavery in Europe", the Assembly reiterates that, irrespective of the policy model chosen, national legislators and law-enforcement officials should be aware of their responsibility to ensure that sex workers may carry out their activity in dignified conditions; and in all cases, the authorities should refrain from considering prostitution regulations as a substitute for comprehensive action aimed specifically at combating human trafficking, based on a sound legal and policy framework and implemented effectively.

9.         The Assembly refers to the judgment of the European Court of Human Rights of 25 July 2024 in the case of M.A. and Others v. France, which stipulates among other things that although they have a margin of appreciation, national authorities have a duty to keep their regulations on sex work under constant review, especially when they are based on the prohibition of the purchase of sexual acts, so as to be able to amend and adapt them to the evolution of international standards and the impact of their implementation.

10.       The Assembly notes that numerous human rights organisations, experts and officials have recommended full decriminalisation of sex work as the best way to protect the health and human rights of sex workers. This stance was taken among others by the former Council of Europe Commissioner for Human Rights, the Joint United Nations Programme on HIV/AIDS (UNAIDS) the United Nations Population Fund (UNFPA), the World Health Organisation (WHO), the UN Special Rapporteur on the Right of Everyone to the Enjoyment of the Highest Attainable Standard of Physical and Mental Health, the UN Independent Expert on Protection against Violence and Discrimination based on Sexual Orientation and Gender Identity, and the UN Working Group on discrimination against women and girls, as well as major non-governmental organisations such as Amnesty International and Human Rights Watch. The positions and arguments of this wide range of actors should be carefully considered by legislators and policy makers when regulating sex work.

11.       The Assembly takes note of the reform of sex work recently introduced by the Belgian authorities, which it considers provides a coherent legal framework, comprising civil and labour law regulations, aiming to guarantee sex workers’ safety and dignity and giving them access to social security provisions. The Assembly believes that this reform sets an example that other member States that have decriminalised sex work could follow, with a view to eliminating legal grey zones in which criminal activities may thrive.

12.       In the light of these considerations, the Assembly calls on Council of Europe member and observer States, Parliamentary Assembly observer States and partners for democracy to:

12.1.   as regards data collection, policy-making and policy review:

12.1.1.   improve data collection on sex work and the situation of sex workers, with a focus on their working and living conditions, safety and exposure to abuse and violence, as well as their access to housing, healthcare, education, and employment;

12.1.2.   keep the implementation of regulations on sex work under constant review, particularly when these are based on the prohibition of the purchase of sexual services, with a view to assessing their impact on the situation and conditions of sex workers. Monitoring and evaluation should be carried out by public authorities and by independent evaluation bodies.

12.2.   as regards co-operation with civil society:

12.2.1.   strengthen co-operation with civil society organisations representing sex workers as well as those providing support to sex workers and victims of trafficking in human beings;

12.2.2.   ensure that representatives of sex workers, in particular civil society organisations advocating for their rights, are consulted about the design, implementation, monitoring and evaluation of policies that have a bearing on sex work, as well as anti-trafficking policies.

12.3.   as regards access to justice and protection from violence:

12.3.1.   ensure that sex workers have effective and fair conditions of access to structures and programmes established to support victims of gender-based violence, such as shelters, in accordance with the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210, Istanbul Convention);

12.3.2.   ensure that sex workers who are victims of violence have access to information about their rights, reporting mechanisms, social services and legal support without discrimination or criminalisation.

12.4.   as regards access to healthcare:

12.4.1.   ensure that sex workers have access to the full range of sexual and reproductive healthcare services, including prevention and treatment for HIV and other sexually transmitted infections, screening for reproductive cancers, contraception, safe abortion care and trauma counselling.

12.5.   as regards education, training, information and awareness raising:

12.5.1.   conduct or support awareness-raising campaigns aiming to counter stigmatisation and bias against sex workers;

12.5.2.   disseminate information on services provided to sex workers, such as healthcare services, and on exit programmes (support provided to those who wish to leave sex work);

12.5.3.   introduce or strengthen training programmes for health professionals, social services, law enforcement officials and the judiciary on the situation and needs of sex workers.

12.6.   as regards regulating sex work, work conditions, and leaving sex work:

12.6.1.   address inequalities and discrimination in access to employment, with a view to ensuring that no-one has to rely on sex work due to poverty or discrimination, and that anyone can leave sex work if they so choose;

12.6.2.   implement protection and exit programmes in every Council of Europe member States and beyond, irrespective of policies on sex work;

12.6.3.   ensure preventive action against the phenomenon of forced sex work to discourage a condition vulnerable to forms of abuse, violence, exploitation that is undignified for women and detrimental to fundamental human rights, by encouraging solutions for support, protection and social reintegration;

12.6.4.   protect the right of sex workers to just conditions of work, by mainstreaming regulations on sex work consistently with general labour law, as well as ensuring access to social security provisions related to, among others, pensions, unemployment, health insurance, family benefits, annual vacation, parental leave;

12.6.5.   protect the safety and dignity of sex workers, including by stipulating specific freedoms such as the freedom to refuse a client, to refuse or interrupt an act, or to perform it the way they wish, and access security devices such as an alarm button;

12.6.6.   recognise the right of sex workers to associate and to form or join trade unions.

12.7.   As regards policies on trafficking in human beings:

12.7.1.   sign, ratify and implement the Council of Europe Convention on Action against Trafficking in Human Beings if they have not yet done so and fully co-operate with its monitoring mechanism;

12.7.2.   allocate adequate resources to agencies and services active in the prevention, investigation and prosecution of trafficking in human beings;

B.         Explanatory memorandum by Mr Fourat Ben Chikha, Rapporteur

1.         Introduction

1.         Sex work and the situation of people who practice it is a complex topic at the intersection of multiple and often conflicting issues, including the rights to personal autonomy and to privacy, as well as public health and labour. It is also a politically sensitive topic, as different and conflicting approaches divide policy makers and legislators.

2.         This report deals with sex work from a human rights perspective, and it puts the rights of sex workers at the centre of its analysis and recommendations. It generally uses the terms “sex work” and “sex workers” as opposed to prostitute and prostitution, as the latter are considered by many, particularly by sex workers themselves, as stigmatising and demeaning, and as such contributing to social exclusion.[3] The expression “sex work” does not have negative moral connotations and is the most widely used by human rights organisations and experts in Europe and beyond.

3.         The term “sex worker” is used to refer to adults who sell sex or exchange it for goods or services, regularly or occasionally. While women are the vast majority of this group, which makes sex work particularly relevant to women’s rights and gender equality, sex workers come from all walks of life, genders, gender identities and sexual orientations. The motivations leading people to practice sex work vary, ranging from a temporary arrangement for instrumental purposes to a more stable way of earning one’s living, and so does the degree of organisation of this activity.

4.         Relevant experts, including the groups of experts within the Council of Europe, find that sex work often intersects with human rights violations and criminal offences including violence against women, forced prostitution and trafficking in human beings for purposes of sexual exploitation. These forms of criminality, often perpetrated across international borders, must be addressed effectively. Their prevention, prosecution and, ultimately, eradication should be a top priority for public authorities in Council of Europe member States and beyond. They should, however, not be conflated with sex work in general, as they are different realities, conceptually and in practice, in spite of their possible connections.

5.         The first steps in the preparation of this report were carried out by Margreet De Boer (the Netherlands, SOC), who co-ordinated the preliminary research, took the initiative to hold a hearing with civil society organisations and carried out a fact-finding visit to Belgium in June 2023. I share my predecessor’s human rights-based approach, taking the rights and the freedom of the people involved as a starting point and main priority. This approach is consistent with the principles underlying the action of the Council of Europe and its Parliamentary Assembly. It is also the best way to strike a balance between the issues at stake.

6.         Sex work has wide ramifications and a potential impact on people’s life conditions, and it has become a highly topical subject among human rights actors and institutions. In addition to academic research, a large number of reports, recommendations, position and policy papers about it have been issued in the last few years. Most of them highlight the need to prevent and counter discrimination against sex workers, and to defend their dignity by countering stigmatisation and acknowledging their agency and self-determination.

7.         Sex workers face a variety of challenges and forms of discrimination. These include social stigma leading to social exclusion, physical and mental health issues, also as a consequence of psychological and physical violence and unhealthy working conditions. They face difficulties in access to housing, employment, education and financial services, such as bank accounts and loans. Such discriminatory treatment hinders their human rights, makes it difficult for those who wish to leave this occupation to do so, and renders sex workers more vulnerable to trafficking.

8.         Legislation and policies on sex work vary across Council of Europe member States, ranging from a prohibitionist approach, criminalising both the sale and the purchase of sexual services, to a regulatory approach which regulates prostitution (prohibiting specific aspects, such as pimping), to the Swedish or Nordic approach, which aims to abolish prostitution by sanctioning those who pay for sex services. The debate on the advantages and disadvantages of each approach is on-going, which requires reliable information to assess their respective impact. In addition, moral and religious convictions play a role in the choice of one over the other. The aim of this report is to defend and promote the rights of sex workers, irrespective of the regulations in force. Therefore, its main focus will be on the impact of legislation and policies on the rights and life conditions of sex workers. It will avoid insofar as possible the moral or religious aspects of this debate.

9.         In preparation for this report, in addition to desk research, exchanges were held with representatives of sex workers in Europe, as well as other human rights organisations. Former rapporteur Margreet De Boer also attended several relevant side-events at the 67th edition of the Commission on the Status of Women at the United Nations headquarters in New York in March 2023, to discuss with some of the experts and other participants. I deem it particularly important to listen to persons involved in sex work and the organisations representing them. When discussing the situation of individuals or groups and how to protect their rights, the people concerned should always have their say. Sex workers do not often have this opportunity, which is unfair and should be corrected.

10.       A hearing held in Paris on 24 March 2023 with the participation of representatives of the European Sex Workers’ Rights Alliance (ESWA), Amnesty International and Doctors of the World (Médecins du Monde) provided valuable input, both in terms of information on the challenges faced by sex workers in Council of Europe member States, and of recommendations on how to address them. With the experts’ help, we learnt more about the obstacles faced by sex workers (some of whom may be victims of trafficking for sexual exploitation), which prevent them from enjoying their human rights – or in other words – from living a normal life. This remains relevant, irrespective of whether these persons currently work in prostitution, want to leave this activity, or have ceased it. Subsequently, a hearing was held on 25 June 2024, with presentations of projects providing support to sex workers, namely the Jasmine Project (France) and Ugly Mugs Netherlands, and a representative of the Coalition for the Abolition of Prostitution (CAP) network. 

2.         Sex work, violence against women and trafficking in human beings: international human rights standards in the Council of Europe system

11.       The Council of Europe conducts both standard-setting and monitoring activities and is very active, among other things, in the areas of countering violence against women and trafficking in human beings, respectively through the Convention on preventing and combating violence against women and domestic violence,[4] and the Convention on Action against Trafficking in Human Beings.[5] In this chapter, I would like to discuss certain aspects of these conventions and of the relevant monitoring activities that apply to sex work. The work of the Council’s Gender Equality Commission (GEC) is also worth mentioning in this context.

12.       As sex workers are subjected to high levels of violence in Europe, including physical, sexual, and psychological violence, the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), part of the monitoring system of the Istanbul Convention, discussed at its 19th meeting the topic of women in prostitution. In delineating the scope of application of the Convention, the Group of experts noted that this does not define prostitution as a form of violence against women. Instead, the legal document focuses on the support and protection to be provided to women and girls who engage in prostitution, in connection with any instances of gender-based violence they may experience. The GREVIO also agreed that prostitution should be considered as an important risk factor in the likelihood of women experiencing violence. Therefore, evaluation procedures should systematically address the situation of women in prostitution, including the specific risk of multiple and intersectional discrimination to which they are exposed, and their challenges in accessing general and specialist support services.

13.       Restrictive policies on sex work/prostitution are often justified by their proponents by the need to combat trafficking in human beings, in particular by discouraging the demand for sex work, which is considered to foster exploitation. Trafficking in human beings and many related practices are severe violations of human rights and countering this scourge should indeed be a top priority for legislators and policy makers. Sex work and trafficking in human beings are, however, distinct phenomena.

14.       The Council of Europe Convention on Action against Trafficking in Human Beings, which aims to address trafficking in human beings with respect to human rights, defines trafficking as consisting of three elements, commonly referred to as the “action” (such as recruitment of a victim), “means” (any form of manipulation of the will of the victim to make eventual exploitation possible) and ‘(exploitative) purpose’ (for instance, trafficking for the purpose of sexual exploitation or forced labour), which is in line with the internationally accepted definition of trafficking brought by the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) in 2000.

15.       Article 4 of the Convention contains a list of exploitative purposes, including ‘the exploitation of the prostitution of others or other forms of sexual exploitation’. There is however no international legal definition of the “exploitation of the prostitution of others or other forms of sexual exploitation”, leaving this to the discretion of individual States.

16.       Article 6 of the Convention indicates measures States Parties should implement to “discourage the demand that fosters all forms of exploitation of persons”, which include research, awareness-raising, information campaigns, and preventive measures (such as educational programmes on gender equality).

17.       The Group of Experts on Action against Trafficking in Human Beings (GRETA) which monitors the implementation of the Convention by the Parties, stresses in its reports that, while States Parties have thus far focused their action on sexual exploitation and discouraging demand for sexual services only, all forms of exploitation should be covered by the measures recommended by the Convention. In this context, it is worth underlining that sex work and sexual exploitation are different phenomena, although in some instances they may be interconnected. Therefore, discouraging the demand for sex services does not automatically reduce sexual exploitation. GRETA regularly recommends conducting research to assess the effects of legislation that penalises the purchase of sexual services and its effects in reducing the demand for services provided by victims of trafficking. In addition, in relation to sexual exploitation, GRETA recommends implementing measures that “should be balanced and not lead to the criminalisation of victims of trafficking”.

18.       According to Article 19 of the Convention, a State Party “shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences under its internal law, the use of services which are the object of exploitation as referred to in Article 4 paragraph a of this Convention, with the knowledge that the person is a victim of trafficking in human beings.” In its monitoring of States Parties, GRETA has repeatedly commented that criminalising the purchase of sexual services is not required by Article 19 as such, or other provisions of the Convention targeting demand. The crime policy approach adopted by the Convention is limited to the criminal offence of trafficking in persons, and related positive obligations of prevention and criminalisation.

19.       In Resolution 1983 (2014) on Prostitution, trafficking and modern slavery in Europe, the Parliamentary Assembly dealt with sex work mainly in view of its link to trafficking in human beings, while acknowledging that the two phenomena are distinct, and called on member States to step up their efforts to counter this scourge. While looking with interest at the Swedish model based on criminalising the purchase of sexual services, the Assembly notes that different cultural sensitivities make it difficult to propose a single model of prostitution regulations that would fit all member States. The Assembly “believes, however, that human rights should be the main criteria in designing and implementing policies on prostitution and trafficking”. The text also states that, irrespective of the model chosen, legislators and law-enforcement officials should be aware of their responsibility to ensure that sex workers “may carry out their activity in dignified conditions, free from coercion and exploitation”. Importantly, it adds that “in all cases, the authorities should refrain from considering prostitution regulations as a substitute for comprehensive action aimed specifically at human trafficking, based on a sound legal and policy framework and implemented effectively”. Ten years later, these prescriptions remain relevant. 

20.       The European Court of Human Rights (ECtHR) case S.M. v. Croatia (no. 60561/14) of 25 June 2020 concerning a Croatian woman’s complaint of human trafficking and forced prostitution cements the liberal understanding that prostitution can be consensual and is not by default exploitation.

21.       In November 2022, the Council of Europe Gender Equality Commission (GEC) published a Study on the impact of Covid-19 on women’s access to justice. The study notes that deeply rooted gender stereotypes related to women’s sexuality and morality, combined with gaps in legislation and its implementation, render sex workers subject to frequent criminal sanctions even in countries where prostitution is legal. The study further raises concerns about the treatment of sex workers throughout the criminal justice chain. According to this report, sex workers are among the most precarious of informal workers, in part due to the criminalisation of various aspects of their work, such as those relating to clients and brothels, which often results in their being unjustly criminalised themselves. They are also exposed to very high rates of workplace violence.

22.       In February 2024, the then Council of Europe Commissioner for Human Rights, Dunja Mijatovic, published a “human rights comment” on Protecting the human rights of sex workers,[6] raising serious human rights concerns about the lived realities of sex workers across Europe, due to “high levels of violence and inadequate protection from law enforcement and the justice system; stigma; and multiple layers of discrimination”. The Commissioner calls on Council of Europe member States to adopt a human rights-based approach to sex work, ensuring “sex workers’ protection from violence and abuse, their equal access to health and other social rights, as well as their rights to private life and to participate in public and political life”. It also recalls that “member States should take action to ensure that everyone can enjoy access to an adequate standard of living, health and education, to safe and non-exploitative work environments, as well as to guarantee equal access to social protection and to the full range of other social rights”. Based on exchanges with representatives of sex workers from across Europe and referring to the position of various non-governmental and intergovernmental organisations, the Commissioner called for full decriminalisation of sex work: as the comment states, “a human rights-based approach also means that consensual sexual relations between adults for remuneration should not be criminalised. Criminalisation and the enforcement of punitive provisions against sex workers, clients or third parties has significantly reduced sex workers’ access to rights and essential services and has led sex workers to live and work in a clandestine manner and in isolation, in fear of the justice system”.

23.       In July 2024 the European Court of Human Rights, in its Chamber judgment in the case of M.A. and Others v. France[7], held that the provisions in French criminal law enshrining the offence of purchasing sexual relations were not in breach of Article 8 of the European Convention on Human Rights. The Court noted that “the problems linked to prostitution raised very sensitive moral and ethical questions, giving rise to different, often conflicting, views, and that there was still no general consensus among the member States of the Council of Europe, or even within the various international organisations examining the issue, on how best to approach prostitution.” The Court, while concluding that France had not overstepped its margin of appreciation, crucially emphasised that national authorities have a duty to keep the approach they adopt in this area under constant review, especially when this was based on a general and absolute prohibition of the purchase of sexual acts.

3.         Challenges facing sex workers in Europe

24.       Sex workers are both a vulnerable and relatively invisible group. They face a range of challenges, and the protection of their rights does not seem to be among the priorities of legislators and policy makers in most Council of Europe member States. As previously indicated, I made a point of collecting information not only through desk research but also by exchanging with civil society organisations, including those working specifically on the rights of people engaged in sex work, and organisations led by sex workers themselves. The representatives I met confirmed that they were rarely given the opportunity to be heard by the authorities.

25.       Sex workers are disproportionately affected by various forms of violence in connection with their activity, as confirmed by numerous academic studies[8] and by surveys conducted by civil society organisations. Clients are most often the perpetrators of violence, including physical and sexual violence as well as robbery. A 2019 report of the Platform for International Co-operation on Undocumented Migrants (PICUM) explains that migrant sex workers are even more vulnerable to violence than nationals, mainly due to their precarious legal status, making them less likely to report crimes.[9] This increases the perpetrators’ level of impunity.

26.       At the hearing of 24 March 2023, Monica Costa Riba of Amnesty International reported on a survey carried out in Ireland and published in 2022. Most of the sex workers interviewed stated that they had experienced various forms of violence, including physical attacks and threats, sexual violence, robberies, stalking, verbal abuse, and harassment, also online. This is the result of a context of structural violence, which comprises intersecting economic and social inequalities and discrimination, based on grounds which include race, gender, gender identity, disability, drug use, homelessness, and migration status. According to Amnesty International, social stigma, harmful policing practices and a harmful legal and policy framework also contribute to undermining the safety of sex workers. The study also indicates that sex workers often mentioned in their interviews that they had been forced to engage in more risky behaviour as a result of client criminalisation. This included visiting locations determined only by their clients, which could be unknown secluded areas with less opportunity to call for help, and negotiating with clients quickly, with insufficient time to assess risks or to screen out potentially dangerous persons.

27.       At the same hearing, Sabrina Sanchez, General Director of the European Sex Workers’ Rights Alliance (ESWA) mentioned the forms of discrimination that sex workers and, particularly, those who are trans women face, which include difficult access to housing and employment. Her personal experience as a transgender woman with a foreign background (she moved to Europe from Mexico) confirmed these challenges. She had started doing sex work for lack of a work permit and identity papers reflecting her gender, and because her university degree in communication was not recognised in Europe, which made it difficult to obtain employment in other domains.

28.       This aspect of Ms Sanchez’ testimony seems to confirm that in some cases engaging in sex work is neither strictly speaking forced, nor a completely free choice, particularly for migrants. The aforementioned PICUM report explains that “motivations for engaging in sex work are multiple and complex. The causes lie beyond the narrow frame of male demand for paid sex. These include unequal access to education, healthcare, housing and social support; the normalisation of casual, low paid and precarious employment; discriminatory immigration policies which increase the vulnerability of certain migrants; as well as the choices made by many sex workers, without other external pressures or coercion, to take up an alternative form of work due to financial incentive and independence”.

29.       At the hearing held on 27 June 2024, Ms Héma Sibi, a representative of the Coalition for the Abolition of Prostitution, highlighted that sex work is practiced disproportionately by people from vulnerable groups, such as low-income women and girls, migrants, persons from ethnic or religious minorities or from oppressed castes. In Europe, personal testimonies collected by CAP show that sex workers face high levels of dehumanisation, including in the form of hypersexualisation and fetishisation of people of extra-European descent, which undermine their dignity and pave the way for discrimination.  

30.       Referring to research carried out by her organisation on sex buyers’ perception of sex workers, Ms Sibi highlighted the use of dehumanising language (“fresh meat”), derogatory terms and widespread racist stereotyping, with black women described as “aggressive” and “dominant” and Asian women as “petite”, ”submissive” and “docile”. These findings confirm that sex workers are vulnerable to multiple and intersectional forms of discrimination that need to be addressed effectively.

4.         The debate on abolitionism versus decriminalisation of sex work

31.       While the aim of this report is to defend and promote the human rights of sex workers irrespective of the type of legislation and policies enforced in a given country, it is useful to present the main terms of the debate between abolitionism, notably in the form of criminalisation of the purchase of sex services (Swedish or Nordic model), and decriminalisation.

32.       Originally designed in Sweden as a gender equality policy, based on the concept of prostitution as a form of exploitation of women’s bodies by men, this approach was later reinterpreted and presented as intended to counter trafficking in human beings. The Swedish approach was hailed by part of the feminist movement and many anti-trafficking officials, and several countries introduced legislation based on this model, first in the Nordic region (Norway and Iceland), then beyond (Northern Ireland, Ireland and France).

33.       The Swedish model is part of the political debate in other countries, thanks to the vocal support of some civil society organisations, such as the Coalition for the Abolition of Prostitution (CAP) and the European Women’s Lobby (EWL), both consulted in the preparation of this report. EWL, an umbrella organisation, is a major actor in women’s rights advocacy in Europe. It is worth noting that its largest member organisation, the Deutscher Frauenrat (National Council of German Women’s Organisations) opposes the Swedish approach and supports full decriminalisation of sex work. In 2019, the Deutscher Frauenrat and several other German organisations[10] adopted jointly a policy paper, which opens with the words: “Studies and experience show that criminalising sex work does not protect prostitutes from coercion, but leads to more health risks, violence and precarious living conditions”.

34.       Criticism of the Swedish model is widespread and increasing and comes from a variety of sources. One of the main arguments against abolitionism, often based on information collected from sex workers, in some cases also from law enforcement officers, is that criminalisation drives prostitution underground, making sex workers invisible and more vulnerable. Additional side effects of criminalisation include more difficult access to healthcare and other services for sex workers. Critical voices consider that the criminalisation of one aspect of the sex trade is reflected on the entire activity.  

35.       Dr Niina Vuolajärvi, a researcher at the London School of Economics, published in 2022 a policy brief on Criminalising the Sex Buyer: Experiences from the Nordic Region,[11] which examines the effects of criminalisation of sex buying on sex workers, especially on their vulnerability to violence and exploitation, and how it intersects with immigration policies and their enforcement. The brief notes some inconsistencies in Nordic legislations: in particular, while sex work in itself is not directly criminalised, it is de facto sanctioned through the enforcement of fiscal, third-party and immigration policies. For instance, in Sweden and Finland, sex work is grounds for deportation or denial of entry for non-EU migrants. The text highlights a range of negative effects of abolitionist policies, including increased stigma faced by sex workers and harassment by the police often based on ethnic profiling, which seem to defeat the purpose of the Swedish approach.

36.       Among the most important criticism of abolitionist policies comes from the United Nations Working Group on discrimination against women and girls, which released a landmark report[12] in October 2023 calling for the full decriminalisation of voluntary adult sex work globally. The report, based among other sources on interviews with sex workers from various regions of the world, states that the dominant, polarised discussions about sex work do not reflect its complexity and the different experiences of persons involved in sex work. It adds that “These divisive debates have not led to reducing discrimination, violence and other human rights abuses that sex workers face and are counterproductive” and that “the Working Group recognises that sex work is a way of earning money for some people and is concerned by the discrimination and human rights violations people who engage in this activity face”. The Working group has consistently advocated for the decriminalisation of sex work: the 2023 report is the seventh time it does so, as highlighted by the Human Rights Watch researcher Erin Kilbride,[13] after a report on gendered discrimination in health (2016), on women deprived of liberty (2019), on women’s rights in the world of work (2020), and on poverty (2023), as well as two interventions on behalf of criminalised sex workers in Nigeria and South Africa.

37.       A wide review of existing research on policies about sex work was carried out in 2022 by the University of Uppsala, which identified over 3000 publications and analysed more than 350.[14] The review concluded that “there is an unmet need for studies addressing the lived experiences of sex workers under the Swedish Model”. I consider this conclusion to be particularly important. If the aim of the abolitionist approach is to protect human dignity and to counter the scourge of trafficking in human beings, at the cost of limiting bodily autonomy and self-determination, it is crucial to evaluate whether it actually achieves its goals. In the absence of reliable indications, legislators and policy makers should be cautious in adopting any regulation introducing criminal sanctions in this area.

38.       The indications collected from civil society at the hearing of 24 March 2023 in Paris were very critical of the Swedish model. The European Sex Workers’ Rights Alliance (ESWA), which has gathered information on the situation and needs of sex workers for almost 20 years, believes that the criminalisation of any of the parties involved in sex work is highly detrimental to all. ESWA states that this empowers ill-intentioned actors, including within law enforcement agencies, and prevents victims of abuse and trafficking from accessing justice effectively. Indeed, the first recommendation that ESWA addresses to authorities is to oppose legislation and policies that criminalise or penalise, directly or in practice, the consensual exchange of sexual services between adults for remuneration, including the criminalisation of clients and third parties.

39.       Amnesty International welcomes the measures taken in New Zealand and, more recently, in Belgium, where sex work has been fully decriminalised as a result of relentless campaigns conducted by sex worker-led organisations. A review commissioned by the New Zealand Ministry of Justice found that sex workers were now more willing to disclose their occupation to healthcare workers and to protect themselves from sexually transmitted infections, including by carrying condoms, which may be incriminating in a different legal context. They were also more able to refuse particular or violent clients and to negotiate safer sex. Amnesty International considers that narratives that conflate human trafficking (and exploitation) with sex work put sex workers at further risk.

40.       Doctors of the World carries out harm-reduction programmes with sex workers in France, Russia and in several non-European countries. The organisation finds that, whatever the context of their intervention and the persons involved (sex workers who performed their activity freely or victims of exploitation, migrants, LGBTI people, people in extreme poverty), any form of direct or indirect penalisation of sex work hinders access to health and rights for the people concerned. They believe that criminalisation, whether direct or indirect, leads sex workers to hide and exposes them to precarity, thereby undermining prevention and care strategies. Even the criminalisation of pimping has apparent negative side-effects, as it increases the risks of violence, since sharing a workspace, which would increase safety, is often viewed as an element of pimping and criminalised as such. In addition, testimonies collected from sex workers in France by Doctors of the World indicate that penalising clients put sex workers’ health and safety at risk by making clients scarce, thus reducing the bargaining power of sex workers and making it difficult to refuse certain clients or practices.

41.       A systematic review of studies on the impact of prostitution policies on sex workers, published in May 2023, shows the impact on the health, safety and living and working conditions of sex workers across the European Union. According to this review, “evidence demonstrates that criminalisation and regulation of any form of sex work had negative consequences on sex workers who live in the EU in terms of healthcare, prevalence and risk of contracting HIV and STIs, stigmatisation and discrimination, physical and sexual victimisation, and marginalisation due to marked social inequalities, for both nationals and migrants from outside the EU”. In terms of policy implications, the study concludes that “the evidence available makes a strong case for removing any criminal laws and other forms of sanctioning sex workers, clients, and third parties, which are prevalent in the EU, and for decriminalisation”.[15]

42.       International organisations such as the World Health Organisation, UNAIDS, UNDP, UNFPA or the ILO are also increasingly critical of all forms of criminalisation of consensual sex between consenting adults for payment and are calling for full decriminalisation of sex work. In 2023, the International Commission of Jurists, composed of 60 eminent judges and lawyers from all regions of the world, in its 8 March Principles[16] deplored the continued use and, in some cases, the new proliferation of criminal laws proscribing conduct associated with consensual adult sex, and that these laws have led to human rights violations, such as engendering and perpetuating stigma, harmful gender stereotypes and discrimination. Principle 17 on Sex work states that the “exchange of sexual services between consenting adults for money, goods or services may not be criminalised”.

43.       In addition to the non-governmental organisations that took part in the March 2023 hearing with the Committee on Equality and Non-Discrimination, Human Rights Watch has taken a clear stance for full decriminalisation,[17] motivated by human rights, safety and health concerns. The International Planned Parenthood Federation, whose European Network regularly cooperates with our committee in matters of sexual and reproductive health and rights, also adopted a policy paper on sex work in 2022[18], reaffirming that “the human rights of all people, including sex workers, must be respected and fulfilled” and that “all human rights are indivisible and interdependent”. The paper refers to human rights that are relevant to sex work, such as the right to bodily autonomy and integrity, as well as sexual and reproductive health and rights. IPPF “supports the recognition of sex work as work and supports sex workers and sex worker-led organizations in advocating for the recognition of sex work as work”. IPPF’s document strongly condemns forced labour and human trafficking, and supports sex workers in distinguishing between sex work and such violations.

44.       In September 2023, the European Parliament adopted a resolution on Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women’s rights, which calls on member States to criminalise the purchase of sexual services.[19] The text was adopted by a minority of voting MEPs (234 votes in favour, 175 against and 122 abstentions). At committee level, a minority opinion had been signed by some members.  The minority opinion states that “the terms used in this report, i.e. “prostitution”, “women in prostitution”, denote value judgements, carry connotations of criminality and immorality, and stigmatise a marginalised community; people who sell sexual services prefer the term “sex workers” because the use of “prostitute” contributes to their exclusion from society, including access to health, legal and social services”. It adds that the criminalisation of any element of sex work often compromises the safety of people selling sex. Unfortunately, the controversial choice to support the Nordic model has radically weakened a text that originated from well-founded concerns about the scourges of human trafficking for sexual exploitation, forced prostitution, and the discrimination faced by sex workers.

45.       Non-binding texts, such as resolutions, are more powerful and influential when they are adopted by a large majority of voters across the political spectrum. This is usually the case with Parliamentary Assembly texts, which are solidly anchored in the Council of Europe human rights protection system, revolving around the European Convention on Human Rights, the European Court with its case-law, and numerous treaties. The text I propose as rapporteur to the Assembly for adoption is, I believe, grounded in widely shared human rights principles, calling on Council of Europe member States’ authorities to protect the human rights of sex workers and to prevent and counter the discrimination they face, irrespective of the underlying approach of the legislation and policies on sex work. A text adopted consensually or by a wide margin will have a stronger impact on member States’ legislation and policies, which would be appropriate to the extent and prevalence of the discrimination and violence that sex workers face.

5.         Decriminalisation of sex work: the case of Belgium

46.       On 7 and 8 June 2023, Ms Margreet De Boer, former rapporteur for this report, conducted a fact-finding visit to my country, Belgium. The main aim of the visit was to learn more about the situation of sex workers there, particularly after the introduction, in 2022, of legislation decriminalising sex work entirely. I will present here the main findings of this visit and some conclusions that may be drawn from it.

47.       The visit was an opportunity to meet a wide range of actors, from the Minister of Interior to fellow parliamentarians, law enforcement officers, and a large number of civil society organisations representing sex workers or defending their rights.

48.       Belgium introduced a significant reform of its legislation on sex work in 2022, making it the first country in Europe to fully decriminalise sex work. This new law represents a substantial shift in policy, aiming to enhance the rights and safety of sex workers by removing the legal penalties associated directly or indirectly with their activity and recognising it as a legitimate profession. In the past, while prostitution itself was not considered illegal, providing any kind of service related to it was criminally sanctioned. In view of the wide and vague definition, any professional service provided to sex workers, such as accommodation, bookkeeping or fiscal consulting, could potentially be considered as a criminal offence. Pimping was criminally sanctioned only insofar as it provided “abnormally high gains”, which, however, were not clearly defined.

49.       The law enforcement officers consulted during the fact-finding visit to Belgium highlighted positive and negative aspects of the reform. Mr Jean-François Bellot (investigator specialised in trafficking in human beings) believed that the changes in criminal law “had provided sex workers with the reassuring legal framework they needed”. The legal uncertainty of previous regulations was indeed problematic. As an investigator with 12 years of experience in the fight against trafficking in human beings for the purpose of sexual exploitation, Mr Bellot highlighted some potential shortcomings of the current legal framework. He considered it impossible to dissociate sex workers entirely from trafficking in human beings. Whereas not all sex workers are victims of human trafficking or procuring, “very many of them, too many” are. Considering sex work as a profession similar to any other, and requiring sex workers to acquire a professional status, may push some of them, in particular undocumented foreign persons who were often victims of trafficking, to disappear underground, out of reach of the social services and law enforcement officers they may need.

50.       Police commissioner Karin Minnen highlighted several positive aspects of the new legislation, such as the fact that pimping and other activities related to sex work were considered as exploitation and criminalised when they concerned people under 18 years of age. This made it easier to prosecute cases of exploitation based on the “lover boy” model, with girls pushed to practice sex work by a manipulative partner. Very often, victims were not ready to report the offence as they were not even aware of the perpetrators’ criminal intent. At the time of the visit, it was difficult to fully assess the impact of the reform, as regulations needed for its enforcement (royal decrees) were yet to be adopted.

51.       A round table with numerous civil society organisations was an important part of the visit. The organisations active in the assistance and support to sex workers and in countering trafficking in human beings included Samilia, Myria, Isala, Pag-Asa and Cavaria. Other participants included Alias, an NGO working with male and transgender sex workers, and Utsopi, a network run by sex workers themselves. Their representatives generally welcomed the reform and some of them had campaigned for a long time to achieve it. They believed that decriminalisation would create a safer environment for sex workers. It was often underlined that some pieces of legislation were still needed to complete the reform. While decriminalisation was achieved, the idea of sex work as an ordinary profession could not be put in practice without defining the professional status of sex workers, particularly those employed by other subjects.

52.       Minister for Justice Vincent Van Quickenborne presented the situation to Ms De Boer as a work in progress, as the reform was complete regarding independent sex work, but legislation on employed sex work was under preparation. The forthcoming labour law would set forth specific rights to protect employed sex workers and guarantee adequate work conditions. The entire reform process had included wide consultations with sex workers organisations, which he recommended as the right way to go about designing legislation and policies in this area. It was important to listen to sex workers and their organisations. He believed that there was no contradiction between respecting the rights of sex workers and countering trafficking in human beings, and legalisation of sex work would not hinder the fight on trafficking, which remained a top priority. Minister Quickenborne believed that Belgium’s reform was the outcome of a non-ideological process,and recommended de-ideologising the debate.

53.       One year later, the situation has evolved in the sense indicated by the Minister. In May 2024, the Belgian parliament approved by a large majority a labour law applying to sex workers under contract. While self-employed sex work was already recognised, thanks to this recent law sex workers will also be able to work under an employment contract, and to gain access to social security, including pension, unemployment allowances, health insurance, family benefits, annual vacation and maternity leave. The new law sets limits to employment (for instance, students cannot engage in a sex work contract, nor can this be stipulated in the form of interim job). Importantly, the labour law introduces five specific rights for sex workers, namely the right to refuse a client, to refuse a sexual act, to interrupt a sexual act at any time, to perform a sexual act in the manner that they wish, and to refuse to sit behind a window or to advertise. Other provisions regulate the termination of a contract. The legislative reform of sex work is now complete, and the next step is implementation.

54.       The case of Belgium is extremely interesting and will certainly be monitored closely in the coming years. It is important to ascertain how decriminalisation will impact, on one hand, the situation and life conditions of sex workers, and, on the other hand, the fight against trafficking in human beings. The process leading to the reform is a positive example. It was not based on a debate on whether sex work is morally acceptable, or whether people have the right to purchase sexual services or not. Instead, priority was given to the rights and life conditions of sex workers. Moreover, Belgium’s legislation on sex work appears today to create a consistent framework, as decriminalisation was followed by the adoption of civil and labour legislation. This reduces the risk of creating grey zones where criminality thrives. Other legal systems, while presenting sex work as an ordinary occupation on paper, have fallen short of creating the conditions for it to be practiced legally.

6.         Harm reduction and protection of human rights: providing support and assistance to sex workers

55.       The aforementioned Resolution 1983 (2014) “Prostitution, trafficking and modern slavery in Europe”, while cautiously supporting the abolitionist approach, did not present criminalisation of clients as a panacea, and it underlined that it needed to be accompanied by measures aimed to improve the situation and protect the rights of sex workers, such as establishing counselling centres providing sex workers with legal and health assistance, irrespective of their legal or migrant status; and setting up “exit programmes” for those who wish to prostitute, based on a holistic approach including mental health and healthcare services, housing support, education and training, and employment services. These recommendations are still valid, but many of them remain to be enforced.

56.       Support and assistance to sex workers are generally a weak point of public policies on sex work. Organisations representing sex workers and other civil society organisations advocate for more assistance to be provided. Some of these organisations carry out support activities themselves, based on what can be considered as a harm reduction approach. At the hearing of 25 June 2024, Ms PG Macioti, manager of Doctors of the World’s Jasmine Project, explained that her organisation was not in favor of or against sex work, but it aimed to protect the health of sex workers and public health. In France, they had supported over 4000 sex workers in 2023, with harm reduction activities such as facilitating access to quality healthcare, providing testing for HIV and various sexually transmitted diseases, birth control, and psychosocial counselling to support victims of violence. In addition, they carried out advocacy to counter the causes of lack of access to healthcare and justice. Social stigma, discrimination in access to healthcare, and criminalisation laws, were immediate causes. Exit programmes for those who wish to leave sex work are provided by the authorities, but they remain inadequate, with a monthly payment of merely 340 Euros.

57.       The Ugly Mugs project, conducted in the Netherlands, provides support to sex workers who are victims of violence and aims to increase their willingness to report it to the police. It also provides information on health and safety and offers an online platform accessible anonymously. The project has created and launched a smartphone application that makes it possible for sex workers to receive alerts about dangers in their area and to report violence.

58.        “Harm reduction” policies and all measures aiming to counter discrimination faced by sex workers may and should be implemented irrespective of the legislative approach chosen with respect to sex work. Even some abolitionist organisations provide assistance and support to sex workers, as explained by the representative of CAP at the hearing of 25 June 2024, even though they do not consider harm reduction sufficient and believe that it should not be the ultimate aim.

59.       In France, where public policies aim to eradicate sex work, the non-governmental organisation Amicale du Nid carries out a wide range of activities with sex workers, whom it considers as victims of the “prostitution system”.  Part of these activities are conducted in co-operation with the authorities, in the implementation of the national anti-prostitution strategy. They include providing psychological, legal and social support to sex workers, including in administrative matters, providing shelters, professional workshops.

60.       The Amicale is among the organisations authorised to assist those who wish to leave sex work thanks to the “exit strategy” (parcours de sortie) introduced by the law of 2016. Authorised by the Prefecture, the programme lasts 6 months, renewable several times, for an overall maximum period of 24 month, and provides a temporary residence permit, accommodation, a monthly payment of about 340 Euros, and support with social and professional integration. Between 2017 and 2024, 1747 people have had access to this programme. While considering all sex workers as victims of forced prostitution is not an unanimously agreed opinion, exit programmes should be made available in Council of Europe member States and beyond, irrespective of policies on sex work. They would benefit both victims of forced prostitution and sex workers who wish to leave this activity, who often face considerable difficulties in access to employment, for reasons including social stigma and health issues.

61.       The UN Special Rapporteur on the right to health, Ms Tlaleng Mofokeng, a South African physician with longstanding experience in gender equality and advocacy for universal access to healthcare, writes that “Sex workers have human rights, and their comprehensive health needs include HIV prevention or treatment, but also screening for reproductive cancers, screening for other sexually transmitted infections, trauma counselling, contraceptives, and safe abortion care need. Yet, sex workers still face barriers in accessing healthcare services, including HIV prevention and treatment as well as legal remedies.”[20] I can only echo the words of Ms Mofokeng and reiterate that, from a human rights and non-discrimination perspective, it is vital to ensure that sex workers have access to the healthcare services mentioned, as needed, and on an equal footing with the rest of society.

62.       Sex workers, as previously indicated, are at high risk of being targeted by violence. Like anyone else, they are entitled to protection from violence and abuse, including gender-based violence. The right to freedom from gender-based violence is not conditional on women’s abiding by traditional gender roles or to a modest behaviour. It is therefore important to remove the existing obstacles to sex workers’ access to justice in this area, provide adequate reporting channels, and ensure that law enforcement officers are trained and instructed not to discriminate against sex workers.

7.         Conclusions

63.       The activities conducted in preparation of this report, both by my predecessor, Ms Margreet De Boer, and by myself, including meetings with a wide range of experts, human rights advocates and representatives of sex workers, as well as public authorities and law enforcement officers, confirm that sex workers are part of our society, deserve respect, and are entitled to the same human rights as everyone else, irrespective of cultural, moral and political views on sex work. On the other hand, they are a vulnerable group and as such face considerable challenges and discrimination, including of the intersectional type, and are at particularly high risk of violence and abuse.

64.       Legislators and policy makers must therefore act to protect the human rights of sex workers and address the discrimination they face. This goal must be co-ordinated with the important priority of countering trafficking in human beings, a scourge that is often adjacent to sex work, as sexual exploitation, including forced prostitution, is one of the main purposes of trafficking. These two phenomena, however, should not be conflated.   

65.       Nor should the different approaches to sex work in the legislation and policies of Council of Europe member States hinder the efforts to protect sex workers’ human rights. The sheer number of voices drawing attention to the harmful effects of the criminalisation of sex work, including when it applies only to clients directly and calling for decriminalisation cannot be ignored. From the Council of Europe Commissioner for Human Rights to UN agencies and Special Procedures, from major international human rights organisations to NGOs active in sexual and reproductive rights, and, perhaps most importantly, the organisations representing sex workers themselves, there is agreement that criminalising a segment of this activity indirectly sanctions all those involved. They highlight the harmful consequences of criminalisation, indicating that it leads to higher risk of violence and stigmatisation, and more difficult access to justice, among other things. I have found the arguments of these voices convincing, and consistent with a human rights-based approach.

66.       The innovative experience of my own country, Belgium, which introduced a reform of sex work based not only on full decriminalisation of sex work but also on consistent labour and administrative regulations, induces me also to join those who call for decriminalisation. 

67.       At the same time, it is important to underline that sex workers are entitled to human rights irrespective of whether the legislation and policies on sex work enforced in a given country are based on decriminalisation, or of criminalisation of clients. While they have a margin of appreciation in the choice of regulations on sex work, Council of Europe member States have an obligation to protects the human rights of sex workers. The considerations I expressed in this report and the indications contained in the draft resolution stemming from it are therefore addressed to all Council of Europe member States.