13/09/2024 Equality and Non-Discrimination
The Committee on Equality and Non-Discrimination, meeting on 12 September in Paris, has expressed its concern that sex workers continue to face stigmatisation, are vulnerable to violence and abuse, and face discrimination in access to education, employment, health, housing, justice and protection from violence.
The draft resolution, based on a report by Fourat Ben Chikha (Belgium, SOC) adopted by the committee, underlines that such discriminatory treatment hinders their fundamental rights, renders them more vulnerable to trafficking, and makes it difficult for those who wish to leave this occupation to do so.
In order to protect the rights of sex workers – irrespective of the regulations in force – and to improve their life conditions, the committee has proposed a series of measures to member states as regards policy-making and policy review; access to justice and protection from violence; co-operation with civil society; access to healthcare; and education, training and awareness raising.
The committee considers that the reform of sex work recently introduced in Belgium – comprising civil and labour law regulations, aiming to guarantee the safety of these persons and giving them access to social security provisions – sets an example that other member states that have decriminalised sex work could follow, with a view to eliminating legal grey zones.
These member states specifically should harmonise regulations on sex work consistently with general labour law, and in particular ensure access to social security provisions related to pensions, unemployment, health insurance and family benefits.
The committee emphasises that a recent judgment of the European Court of Human Rights recognises that states have a margin of appreciation in the choice of policies on sex work. At the same time, it states that the free will, bodily autonomy and self-determination of sex workers must be acknowledged, and their opinions should be listened to.
The report is due to be debated by the Assembly on Wednesday 2 October at its autumn plenary session in Strasbourg.