Jack Bloom, the Democratic Alliance’s (DA) health spokesman, stated recently that the decriminalisation of sex workers would be a grave mistake that would send the wrong signal to communities.
The Sex Workers Education and Advocacy Taskforce (SWEAT) would like to challenge Mr Bloom to produce evidence to support this statement, as it contradicts all the available evidence in the fields of medicine and public health, and runs counter to the respect for human rights that is enshrined in the South African Constitution and many international agreements and treaties to which South Africa is a signatory.
All the evidence indicates that criminalization of sex work is harmful to public health efforts as well as efforts to prevent the spread of HIV/Aids and other sexually transmitted infections. It also contributes to other social ills such as crime and violence against women. On the other hand, there is growing recognition that decriminalization of sex work actually has positive social spin-offs.
South Africa’s own HIV & AIDS and STI strategic plan for 2007-2011 calls for decriminalization of sex work, as it recognizes that sex workers face barriers to accessing HIV prevention and treatment services because their activity is unlawful.
A similar approach is adopted by UNAIDS, which realizes that where stigmatization prevails and sex work is driven underground, prevention and treatment of HIV/Aids becomes all but impossible.
Even the UK’s Royal College of Nursing has called on the British government to decriminalise prostitution in an attempt to limit associated negative health consequences.
Mr Bloom no doubt supports the protection of human rights afforded us in the South African Constitution. Yet the ongoing criminalisation of sex work means that sex workers are denied these rights. According to the UN, “sex workers in many settings are socially marginalised; suffer violence, discrimination, harassment and imprisonment.”
Surely, like everyone else, all sex workers have a human right to dignity, to liberty and security of person, and agency over their own bodies.
The UNAIDS Guidance Note on HIV and Sex Work unequivocally expects all UNAIDS Cosponsors and the Secretariat to support the empowerment of sex workers and to provide the space for their involvement and engagement in national and community level responses. The Secretary-General of the United Nations, Ban Ki-moon, has stated unequivocally that all countries should live up to their commitments and enact or enforce legislation that outlaws discrimination against members of vulnerable groups – including sex workers.
However, because of ongoing criminalisation, sex workers are exposed to occupational health and safety risks that would never ever be accepted in any other profession. This includes exposure to hazards, injuries, and diseases, harassment, violence, musculoskeletal injuries, bladder problems, stress, depression, alcohol and drug use, respiratory infections, latex allergy, the removal of children, and death.
Far from combating crime, the criminalization of sex work actually boosts organized criminal activity, because sex workers have so few options for protecting themselves from exploitation. Ongoing criminalization excludes sex workers from the basic conditions of employment afforded all other South Africans, and allows criminals, individual managers and corrupt police officers to determine the conditions under which sex workers work.
Because they are by and large female, sex workers remain particularly vulnerable to all crimes of violence against women. Having little access to legal protection makes them a soft and easy target for criminals. Sex workers around the world continue to be murdered at rates higher than the general population. In fact in some places, standardised mortality rates for sex workers are six times those seen in the general population.
If this is not disturbing enough, it is worth remembering that preventing violence is a global public health and human rights priority, as violence exacerbates the risk of sexually transmitted infections.
Decriminalization would go a long way towards reducing and preventing many of these ills. It would also empower individual sex workers as well as communities, by enabling open discussion of available options. Experience in other countries shows that decriminalization allows for successful initiatives that can result in enhanced self esteem; improved negotiating skills; ability to refuse clients; improved access and use of condoms; training to recognise, avoid, and escape violence; better STI and HIV preventive services; provision of safe houses; drop-in centres; and STI treatment. The experience in New Zealand for example, has shown that sex workers report clients wanting to practice unsafe sex, sex workers’ relationships with the police have improved, and there has been an improvement in occupational health and safety standards.
A recent article in the British Medical Journal, entitled “Protection of sex workers: decriminalisation could restore public health priorities and human rights,” argued that while the need to engage in the debate over decriminalisation is long overdue, rational debate is made difficult by ongoing “stereotyping, prejudices, myths, and a failure to appreciate the complexity and diversity of sex work and its social contexts”. We need much more rational debate on this issue and less of the irrational prejudice and stereotyping that is evident in views such as those expressed by Mr Bloom.