Prostitution an ‘Egregious Violation of Human Rights’—UN Special Rapporteur

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Reem Alsalem, the UN Special Rapporteur on Violence Against Women and Girls, at a press conference in which she discusses her findings on prostitution. Credit: Naureen Hossain/IPSby Naureen Hossain (united nations)Thursday, October 03, 2024Inter Press Service

UNITED NATIONS, Oct 03 (IPS) - Reem Alsalem, the UN Special Rapporteur on Violence Against Women and Girls, calls prostitution a "system of violence" that does not benefit society at all, especially the women and girls forced into this system.

Alsalem spoke at the Roosevelt Public Policy House in New York on Wednesday, October 2, to discuss her special report in which she posits that prostitution is a form of violence against women and girls. The report was first made public in June 2024, where it was presented to the Human Rights Council in Geneva. Over 60 member states endorsed the report and its findings, including but not limited to Ghana, South Africa, Egypt, Norway, Sweden, Colombia, France, Bangladesh, India, and Nigeria.

Alsalem received over 300 submissions for the report from multiple stakeholders, including civil society groups, academia, experts, policymakers, and, importantly, women from around the world with lived experience.

Across the world, the exploitation of women and girls through prostitution and sex trafficking is a pervasive issue that threatens their safety and rights. Alsalem remarked that many systems of prostitution are built on patriarchal norms that position the abuse of power at the hands of mostly men, who are largely the ‘buyers' or the profiteers in the sex trade. Deeper economic inequalities and the complexities of emergency humanitarian situations have only further displaced women and girls from systems that would have protected and empowered them.

Alsalem remarked that efforts to normalize or recognize prostitution as a form of labor, such as referring to it as "sex work," do more harm by gaslighting the women who have experienced it, and it fails to consider the serious human rights violations that can occur within the system, such as the physical and psychological harm they experience under this umbrella of "labor."

Pornography should also be classified as a form of prostitution and violence against women at large, according to Alsalem. She noted that its proliferation has only normalized acts of violence and harmful attitudes towards women and girls. Alsalem told IPS that the online platforms that host pornographic material only further incentivize and promote these acts and other forms of coercive and nonconsensual sexual acts.

Regardless of the platform, how it is branded or how one enters the trade, the system of prostitution is based on the commodification of the body to undergo physical activity and under that there cannot be consent, Alsalem argues.

"Trying to pretend that there is somehow consent in prostitution, that women want to do this, is actually meaningless in context like prostitution because the concept of consent is actually not relevant when there are systems of exploitation and violence," she said. "And when the term of consent is being weaponized while we fully know that whatever notions of agreement that women may have—or at least some of them—is extorted through physical coercion, manipulation, and violence."

When it comes to the legal frameworks around prostitution, this also reveals the contradictions within countries on the letter of the law versus its regulation in practice. The report indicates that under certain approaches, little is actually done to de-incentivize "buyers" or "organizers" in engaging in prostitution systems.

Criminalizing prostitution is more likely to punish the prostituted persons through persecution and incarceration, social ostracization, and even further abuse at the hands of law enforcement. In fact, under this approach, it is rare that the ‘buyers' are punished or that the third parties are held accountable. Under the regulation approach, legal prostitution ensures control to the state through commercial establishments and federal or national laws, including tax laws that they profit from, often at the expense of the sex workers. Decriminalizing prostitution allows for all parties to operate without the fear of persecution; however, this has also resulted in an increased demand, and it does not stop exploitative parties from profiting off vulnerable women and girls and leading them into the sex trade.

The report speaks in favor of the abolition approach, otherwise known as the "Equality model" or the "Nordic model." Under this model, third parties (the ‘organizers') and the buyers are criminalized for engaging in the buying and promotion of sex, while the sex workers do not face criminal persecution. Instead, more investments are made in exit pathways for sex workers to ensure alternative work, economic stability, housing, and support to address trauma and even substance abuse where needed. In the report, Alsalem notes that the Nordic model maintains the international standard on sexual exploitation and trafficking in persons by criminalizing third parties, and that it recognizes the majority of prostitutes are women and girls.

This approach could have its limitations, however, as one report from the London School of Economics (LSE) notes that sex trade legislation still varies across the different countries that implement this model, the safety of sex workers remains uncertain and they still face the risk of policing. For migrant sex workers, their status prevents them from accessing social protections, and under immigration laws, prostitution can be grounds for deportation.

The issues present in the current legal models for prostitution reflect some of the institutional structures that maintain the status quo where sex workers are exploited and left unprotected. At the same time, they also reflect a wider cultural issue on how prostitution, and more broadly, sex, is discussed and perceived.

"In addition to being a human rights violation that needs legal solutions, what is mentioned very clearly in the report is that we are dealing with a cultural issue," said Taina Bien-Aimé, Executive Director of Coalition Against Trafficking in Women. She added that other acts of violence against women, such as intimate partner violence, sexual violence, and harassment, are now recognized as forms of abuse.

"But for some reason, because money is exchanged in prostitution, somehow it is seen outside of the context of male violence and discrimination, particularly against women and girls."

In her report, Alsalem offers recommendations to governments on how they can reshape their legislation and policies on prostitution towards a direction that is more conscionable of human rights and that centers the experiences of the women and girls who are forced to participate. Governments also need to take measures to address the root causes behind prostitution and the factors that leave women and girls at a higher risk of it.

"The importance of this report is in its recommendations as well, where the Special Rapporteur is asking jurisdictions and member states around the world to find legislative and policy solutions to this egregious human rights violation," said Bien-Aimé.

When asked to elaborate on the steps that need to be taken by international actors like the United Nations, Alsalem referred to the recommendation that UN agencies should also adopt a rights-based approach to prostitution. Alsalem commented that she had reached out to several UN agencies. In particular, she is having "continuous conversations" with the World Health Organization (WHO) and the International Labour Organization (ILO), on her recommendation for these agencies to conduct studies into the wider impacts of prostitution on survivors within their focus of health and labor.

Nongovernmental organizations (NGOs) such as the Frontline Women's Fund, and local civil society groups play an important role in spotlighting the issue. Alsalem told IPS that they need to come together to listen to the survivors of prostitution, as well as engage with all actors working on the matter.

"We see that in decision-making places, including governments, parliaments, whenever the issue is discussed, the law is being prepared or the policy is being revised, some have privileged access to these decision-making places, and that can be those that are advocating for full legalization of all aspects. Whereas those that are advocating for the abolition model... cannot get the same access, and that includes survivors."