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

Doc. 16044: compendium of written amendments | Doc. 16044 | 03/10/2024 | Final version

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ADraft Resolution

1Sex 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, gender equality and women’s rights are particularly relevant in the context of sex work.

03 October 2024

Tabled by Mr José María SÁNCHEZ GARCÍA, Mr Norbert KLEINWÄCHTER, Mr Martin GRAF, Ms Alexandra SCHOOS, Ms Sally-Ann HART

If adopted, amendments 44, 36, 23, 43, 45, 46 falls.

In the title and in each instance they occur in the draft resolution, replace the word "sex workers" with the following words:

"people in prostitution"

03 October 2024

Tabled by Ms Laura CASTEL, Ms Alessandra MAIORINO, Mr Paul GAVAN, Mr Constantin STARÎŞ, Mr George LOUCAIDES

If adopted, amendments 44, 36, 43, 45, 46 falls. Falls if amendment 1 is adopted.

In the title and in each instance they occur in the draft resolution, replace the words "sex workers" with the following words:

"individuals in prostitution"

03 October 2024

Tabled by Mr José María SÁNCHEZ GARCÍA, Mr Norbert KLEINWÄCHTER, Mr Martin GRAF, Ms Alexandra SCHOOS, Ms Sally-Ann HART

If adopted, amendments 37, 39 falls.

In the draft resolution, paragraph 1 and in each subsequent instance they occur, replace the words "sex work" with the following word:

"prostitution"

03 October 2024

Tabled by Ms Laura CASTEL, Ms Alessandra MAIORINO, Mr Paul GAVAN, Mr Constantin STARÎŞ, Mr George LOUCAIDES

If adopted, amendments 37, 39 falls.

In the draft resolution, paragraph 1 and in each subsequent instance they occur, replace the words "sex work" with the following word:

"prostitution"

In the draft resolution, replace paragraph 1 with the following paragraph:

"People in prostitution see many of their fundamental rights violated, and most of them are victims of sexual exploitation and human trafficking. As the vast majority of people in prostitution are women, many of them of foreign origin, gender equality and women's rights are particularly relevant in the context of prostitution."

In the draft resolution, replace paragraph 1 with the following paragraph:

"Individuals in prostitution are part of society and are fully entitled to safety, respect for their dignity, and protection from exploitation. As the vast majority of them are women and girls, addressing this issue is crucial for promoting gender equality and safeguarding the rights of women and girls. According to the latest reports available, there are approximately 42 million individuals in prostitution worldwide, with significant gaps in data from regions such as Central Asia, the Middle East, and Africa, which rank as top sex tourism destinations."

Explanatory note

The spirit of this amendment is to more factually reflect reality regarding the very sensitive topic of prostitution, which is strongly linked to trafficking in human beings, as it is clearly stated in 1983 Resolution (2014) on Prostitution, Trafficking and Modern Slavery in Europe

2The 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.

In the draft resolution, replace paragraph 2 with the following paragraph:

"The Parliamentary Assembly observes with concern that trafficking in human beings remains a crime with a significant gender dimension. Women and girls represent 63% of all registered victims in the European Union in the years 2019-2020, while the victims of sexual exploitation made up 51% of the share. Among those victims, 87% are female: 73% women and 27% girls, who continue to be particularly vulnerable to violence and abuse, and face high levels of discrimination in access to education, employment, health, housing, justice, and protection from violence. Addressing the root causes of this vulnerability is essential to protect individuals, especially women, girls, and transgender women from exploitation and ensure their rights are upheld."

Explanatory note

To effectively protect rights of those in prostitution, the connection between the sex market system and human trafficking for sexual exploitation should be emphasized from the start. The numbers referenced are from 2022 European Commission Report on the fight against trafficking in humans beings.

In the draft resolution, paragraph 2, delete the following words:

"continue to face stigmatisation and marginalisation"

3The 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.

In the draft resolution, replace paragraph 3 with the following paragraph:

"As clearly demonstrated in the reports provided by any monitoring institutional bodies, such as the UNODC global reports on trafficking in persons, and EUROSTAT reports, the vast majority of victims of trafficking of human beings around the world are women and girls. Policies adopted by each member State to counter such a phenomenon should therefore be gender-sensitive and based on the higher vulnerability of these victims."

Explanatory note

The gender aspect in the fight against trafficking in human beings is significant. In 2021, 68.4 % of registered victims of trafficking in human beings in the EU were women or girls.

In the draft resolution, paragraph 3, replace the words "their occupation" with the following words:

"the fact that they are in such a situation"

4The 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.

In the draft resolution, paragraph 4, replace the words from "sex work" in the first sentence to the end of the paragraph with the following words:

"prostitution, which represents the major driving factor of human trafficking around the world. They should prioritise a human rights-based approach aimed at preventing and countering exploitation and discrimination against persons in prostitution."

5The 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).
6The 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.

In the draft resolution, replace paragraph 6 with the following paragraph:

"The Assembly recalls that, in its preamble, the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others proclaims that prostitution and the evil that accompanies it, namely trafficking in human beings for the purpose of prostitution, are incompatible with the dignity and worth of the human person. The Assembly recognises the close link between prostitution and trafficking in human beings for sexual exploitation, the latter being facilitated by information and communication technologies, including the internet and social media. The Assembly stresses that co-operation with people in prostitution and relevant civil society organisations, particularly those providing assistance to people in prostitution, should be part of the implementation of anti-trafficking policies, as they are best placed to identify cases where people in prostitution are victims of trafficking."

In the draft resolution, replace paragraph 6 with the following paragraph:

"The Assembly notes that trafficking for purposes of sexual exploitation, especially in the sex market, is the primary cause behind trafficking in human beings, particularly with regard to women and girls. To this regard, it is of extreme importance that policies adopted by member States take into account any data and figures available on the matter and include in their process of decision-making the voices of those who experienced prostitution or work with survivors, as they are best placed to identify where prostituted persons are also victims of trafficking."

7Social 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 their situation and by combating negative attitudes.

In the draft resolution, replace paragraph 7 with the following paragraph:

"Social stigma, marginalisation and post-traumatic stress disorder constitute barriers for persons in prostitution who wish to exit their situation, rendering them more vulnerable to abuse and exploitation. This should be addressed as a matter of urgency by supporting policies of decriminalisation of persons in prostitution and by supporting those who decide for any reason to change situations and access to employment."

Explanatory note

Decades of studies have proven that persons in prostitution, and women in particular, develop various forms of addiction (from alcohol, drugs or psychotropic medicines) in order to endure the constant abuse they suffer at the hands of the clients and pimps.

In the draft resolution, paragraph 7, replace the words from "sex workers" to the end of the paragraph with the following words:

"people in prostitution who wish to leave it, rendering them more vulnerable to abuse and exploitation. This should be addressed as a matter of urgency by supporting those who wish to change their situation and by combating negative attitudes."

8Referring 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.

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Ms Elisabetta GARDINI

If adopted, amendments 8, 49 falls.

In the draft resolution, replace paragraph 8 with the following paragraph:

"Referring to its Resolution 1983 (2014) “Prostitution, trafficking and modern slavery in Europe", the Assembly acknowledges that in paragraph 127 of the conclusions, the rapporteur said that “despite the fact that each system presents advantages and disadvantages, I think that policies prohibiting the purchase of sex are those that are more likely to have a positive impact on reducing trafficking in human beings. While acknowledging that each country should hold a thorough discussion on its policy on prostitution and that the final decision must be taken in a sovereign manner, I personally consider the Swedish model as the most successful in the context of tackling human trafficking”."

Explanatory note

Since the Report fails to include the conclusions of Resolution 1983 (2014), it is important that the Assembly is aware that voting in favour of this report would mean contradict itself and denying what the same Assembly voted for on the same topic only ten years ago.

In the draft resolution, paragraph 8, delete the following words:

" 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,"

03 October 2024

Tabled by Ms Laura CASTEL, Ms Alessandra MAIORINO, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Mr Berdan ÖZTÜRK

Falls if amendment 30 is adopted.

In the draft resolution, after paragraph 8, insert the following paragraph:

"This resolution also includes the conclusions of the Rapporteur who believed that policies prohibiting the purchase of sex are those that are more likely to have a positive impact on reducing trafficking in human beings and considered the Swedish model as the most successful in the context of tackling human trafficking."

Explanatory note

It is of utmost importance refering all the conclusions of the Resolution 1983 (2014).

9The 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 national authorities have a margin of appreciation, they 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.

In the draft resolution, replace paragraph 9 with the following paragraph:

"The Assembly refers to the judgement of 25 July 2024 in the case of M.A. and Others v. France, in which the European Court of Human Rights, while ruling that the French abolitionist model based on the criminalisation of the purchase of sexual acts does not violate the European Convention on Human Rights, adds that none of the public policies put in place in the States are free of controversy to date. It also considers that national authorities have a duty to keep their approach to prostitution 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 in the light of developments in European societies, international standards and the consequences of their implementation in a given situation. The Court notes, however, that there is no unanimity on the fact that criminalising the purchase of sexual acts is a direct cause of increased violence against prostitutes, and that the decriminalisation of prostitutes combined with the criminalisation of the purchase of sexual acts contributes to reversing the balance of power with the client for prostitutes, by positioning them as victims and enabling them to denounce the client in the event of violence, since it is now the client who is implicated."

In the draft resolution, replace paragraph 9 with the following paragraph:

"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 confirmed that the French authorities had not overstepped their discretion ("margin of appreciation") in enacting the contested prohibition of the purchase of sexual, in so far as it resulted from a balance struck by means of a democratic process within the society in question and formed part of a comprehensive approach – provided for by Law no. 2016-444 of 13 April 2016 – in which account had been taken of the various concerns raised by the applicants in the case."

Explanatory note

The Report mentions the judgment of the ECHR of 25th July 2024, but fails to mention that all claims of the applicants were rejected by the Court. It is of fundamental importance that the information provided to the Assembly are accurate and faithful.

In the draft resolution, after paragraph 9, insert the following paragraph:

"Besides, this judgement acknowledges that the combined effect of the decriminalisation of people in prostitution and the criminalisation of the purchase of sexual acts had a positive effect on the protection of persons in prostitution by reversing the balance of power between sex buyers and persons in prostitution to the benefit of the latter."

10The 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, Ms Dunja Mijatović, the Joint United Nations Programme on HIV/AIDS (UNAIDS) the United Nations Population Fund (UNFPA), the World Health Organisation (WHO), the United Nations Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the United Nations Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, and the United Nations 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.

In the draft resolution, replace paragraph 10 with the following paragraph:

"The Assembly notes the existence of a debate between abolitionist and decriminalisation models of prostitution. Numerous human rights organisations, experts and officials have recommended full decriminalisation of prostitution as the best way to protect the health and human rights of people in prostitution. The Assembly notes, however, that many others, including organisations of survivors of prostitution or defenders of women's rights, support the abolition of prostitution, notably by criminalising procuring and the purchase of sexual acts, on the grounds that prostitution is contrary to the fundamental rights recognised in international law, in particular freedom and human dignity. Indeed, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol - 2000) condemns procuring as a form of human trafficking (Art. 3.a.) and requires States Parties to discourage the demand that fosters all forms of human exploitation (Art. 9.5.). This obligation is reiterated in UN General Assembly Resolution 77/194 and explicitly recognised by the Organization for Security and Co-operation in Europe (OSCE) in its report "Discouraging the demand that fosters trafficking for the purpose of sexual exploitation (2021)". The Committee on the Elimination of Discrimination against Women (CEDAW) explicitly recognises, in paragraph 8 of its General Comment No. 38 (2020), that international law relating to trafficking in women and the exploitation of prostitution of women has been codified and developed in the aforementioned 1949 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, ratified by more than half the member States of the Council of Europe. The Convention on the Elimination of All Forms of Discrimination against Women (1979) requires States parties to "take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women" (Art. 6). The Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197) condemns the purchase of sexual acts and, to discourage demand, encourages States to criminalise the use of exploitative services. The European Parliament resolution on the regulation of prostitution in the European Union, adopted on 14 September 2023 reaffirms the same principles, considering prostitution to be incompatible with human dignity, calling for the decriminalisation and support of people in prostitution, and affirming the need to tackle the demand for prostitution."

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Ms Elisabetta GARDINI

Falls if amendment 10 is adopted.

In the draft resolution, replace paragraph 10 with the following paragraph:

"The Assembly notes that numerous human rights organisations, experts and officials have recommended full decriminalisation of persons in prostitution as the best way to protect them from suffering further forms violence and support them in the access to health and social services and enable them to refer to police forces without fear of being convicted, deported or arrested if they intend to report their pimps, traffickers, or violent clients. This stance was taken among others by the former Assembly rapporteur Resolution 1983 (2014) “Prostitution, trafficking and modern slavery in Europe", the Special Rapporteur of the United Nations Human Rights Council in her recent report "Prostitution and violence against women and girls", UNODC and EUROSTAT findings, alongside with many ONGs and women organisations. The positions and arguments of this wide range of actors should always be carefully considered by legislators and policy makers when approaching the topic of prostitution and other sensitive related issues."

11The 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.

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Elena BONETTI, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT

If adopted, amendments 11, 51 falls.

In the draft resolution, delete paragraph 11.

03 October 2024

Tabled by Mr José María SÁNCHEZ GARCÍA, Mr Norbert KLEINWÄCHTER, Mr Martin GRAF, Ms Alexandra SCHOOS, Ms Sally-Ann HART

If adopted, amendment 51 falls. Falls if amendment 35 is adopted.

In the draft resolution, replace paragraph 11 with the following paragraph:

"The Assembly takes note that the member States of the Council of Europe have chosen to adopt various approaches: while Belgium has decriminalised prostitution, other States, such as Sweden and France, have adopted abolitionist legislation. However, the available data tend to prove that the decriminalisation model fails to truly protect people in prostitution. There are 36 times more prostitutes in Germany than in Sweden per 1 000 inhabitants. In the Netherlands and Belgium, the number of victims of sexual exploitation continues to rise. The European Parliament notes that, according to Europol, this model enables traffickers to take advantage of the legal environment to exploit their victims more easily, and that this multiplies situations of human trafficking and violence. It also notes that the decriminalisation of procuring and the purchase of sexual services has led to an increase in human trafficking for sexual exploitation. On the other hand, while the abolitionist model is not a universal solution for reducing demand, sex trafficking, violence or exploitation, evidence from countries that have adopted it shows positive results in terms of access to exit and professional reintegration programmes, or the penal response to cases of procuring and human trafficking. Demand for prostitution in Sweden fell from 13.6 % to 7.9 % between 1995 and 2008 as a result of implementation."

03 October 2024

Tabled by Ms Laura CASTEL, Ms Alessandra MAIORINO, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Mr Berdan ÖZTÜRK

Falls if amendments 35, 11 are adopted.

In the draft resolution, paragraph 11, replace the second sentence with the following sentence:

"The Assembly will monitor the data gathered in relation to this reform in order to assess whether it achieves its goals."

Explanatory note

It is important to follow up the results of this reform

12In the light of these considerations, the Assembly calls on Council of Europe member and observer States and States whose parliament enjoys observer or partner for democracy status with the Assembly to:

In the draft resolution, at the beginning of paragraph 12, insert the following sentence:

Confirming what is stated in its Resolution 1983 (2014), the Assembly acknowledges that prostitution and human trafficking, despite being different phenomena, are nevertheless closely related, the first being the main driver of the latter, with an especially disruptive impact on the life, dignity and well-being of women and girls.

12.1as regards data collection, policy making and policy review, to:
12.1.1improve 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;

In the draft resolution, after paragraph 12.1.1, insert the following paragraph:

"adopt a rights-based approach and apply legislation and standards guaranteeing women and girls the right to equality and freedom from violence, the right to life, liberty, security and dignity, and the right not to be subjected to torture of inhuman and degrading treatment;"

12.1.2keep 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;

In the draft resolution, paragraph 12.1.2, first sentence, delete the following words:

"particularly when these are based on the prohibition of the purchase of sexual services,"

In the draft resolution, after paragraph 12.1.2, insert the following paragraph and delete paragraph 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;"

12.2as regards co-operation with civil society, to:
12.2.1strengthen 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;

In the draft resolution, paragraph 12.2.1, replace the words "to sex workers and victims of trafficking in human beings" with the following words:

"to these people"

12.2.2ensure 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;
12.3as regards access to justice and protection from violence, to:
12.3.1ensure 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”);

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Ms Elisabetta GARDINI

Falls if amendments 1, 23 are adopted.

In the draft resolution, paragraph 12.3.1, replace the words "sex workers" with the following words:

"individuals in prostitution, especially women and girls"

12.3.2ensure 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;

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Ms Elisabetta GARDINI

Falls if amendments 1, 23 are adopted.

In the draft resolution, paragraph 12.3.2, replace the words "sex workers" with the following words:

"individuals in prostitution"

12.4as regards access to healthcare, to:
12.4.1ensure 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;

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Ms Elisabetta GARDINI

Falls if amendments 1, 23 are adopted.

In the draft resolution, paragraph 12.4.1, replace the words "sex workers" with the following words:

"all women and girls in the member States"

In the draft resolution, paragraph 12.4.1, replace the words "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" with the following words:

"physical and mental healthcare"

12.5as regards education, training, information and awareness raising, to:
12.5.1conduct or support awareness-raising campaigns aiming to counter stigmatisation and bias against sex workers;

In the draft resolution, paragraph 12.5.1, replace the words "aiming to counter stigmatisation and bias against sex workers" with the following words:

"against sexual exploitation and objectification of human beings to help young generations build healthy relationships based on equality and respect;"

12.5.2disseminate 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);

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Mr Marco DREOSTO

Falls if amendments 1, 23 are adopted.

In the draft resolution, paragraph 12.5.2, replace the words "sex workers" with the following words:

"individuals in prostitution"

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Mr Marco DREOSTO

Falls if amendments 2, 22 are adopted.

In the draft resolution, paragraph 12.5.2, replace the words "sex work" with the following word:

"prostitution"

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

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Ms Elisabetta GARDINI

Falls if amendments 1, 23 are adopted.

In the draft resolution, paragraph 12.5.3, replace the words "sex workers" with the following words:

"individuals in prostitution, with special regard for those who wish to exit it"

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

In the draft resolution, paragraph 12.6, replace the words "sex work, work conditions, and leaving sex work" with the following words:

"prostitution and ways out of prostitution"

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Ms Elisabetta GARDINI

Falls if amendment 16 is adopted.

In the draft resolution, paragraph 12.6, replace the words "sex work, work conditions, and leaving sex work" with the following words:

"prostitution and exiting it"

12.6.1address 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;

In the draft resolution, replace paragraph 12.6.1 with the following paragraph:

"address the root causes of the prostitution system, with a view to ensuring that no-one has to enter and remain in prostitution, which is a serious form of violence and exploitation and is contrary to dignity and prejudicial to fundamental human rights, and so that every person can leave prostitution if they so wish. Theses causes include poverty due to social injustice and exclusion, or discrimination and inequality in access to employment and entrepreneurship, drug addiction, structural violence and intersectional discrimination, lack of safe and legal migration opportunities and global integration policies, inadequate educational, social and labour policies and limited means of subsistence;"

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Ms Heike ENGELHARDT, Mr Marco DREOSTO

Falls if amendment 17 is adopted.

In the draft resolution, paragraph 12.6.1, replace from "rely on" to the end of the paragraph with the following words:

"resort to prostitution due to lack of choice in life, such as poverty, vulnerable personal background and conditions or discrimination, and that anyone who decides to leave prostitution is supported with a social and work reintegration programme;"

12.6.2implement protection and exit programmes in every Council of Europe member States and beyond, irrespective of policies on sex work;
12.6.3ensure 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;

In the draft resolution, replace paragraph 12.6.3 with the following paragraph:

"decriminalise all people in prostitution and recognise their status as victims, which would give them protection, so as to validate and take into account their experience, provide them with support, and promote their social re-integration;"

03 October 2024

Tabled by Ms Alessandra MAIORINO, Ms Laura CASTEL, Ms Andrea EDER-GITSCHTHALER, Mr Marco DREOSTO, Ms Heike ENGELHARDT

Falls if amendments 2, 22, 18 are adopted.

In the draft resolution, in paragraph 12.6.3, replace the words "sex work" with the following word:

"prostitution"

12.6.4protect 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;

In the draft resolution, delete paragraph 12.6.4.

In the draft resolution, replace paragraph 12.6.4 with the following paragraph:

"criminalise the purchase of sexual acts, as well as all forms of procuring;"

12.6.5protect 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;

In the draft resolution, replace paragraph 12.6.5 with the following paragraph:

"organise effective awareness-raising campaigns, aimed at purchasers of sexual acts and society as a whole, relating to the negative consequences of participating in the prostitution system, as well as the dangers of soliciting and recruiting women and girls;"

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

In the draft resolution, delete paragraph 12.6.6.

In the draft resolution, replace paragraph 12.6.6 with the following paragraph:

"hold businesses and industries accountable for their role in the exploitation of prostitution; and with regard to the technology sector to shut down websites that promote the trafficking and sexual exploitation of women and to disrupt the business model of websites advertising prostitution."

12.7as regards policies on trafficking in human beings, to:
12.7.1sign, 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;
12.7.2allocate adequate resources to agencies and services active in the prevention, investigation and prosecution of trafficking in human beings.

In the draft resolution, at the end of paragraph 12.7.2, insert the following words:

"and sexual exploitation of persons in prostitution."