Explainers

Explainer: What could happen if Amnesty International decriminalises sex work?

Written by Lauren Roberts

Amnesty International voted this month to develop a new policy supporting the full decriminalisation of all aspects of consensual sex work. 

Public reaction is split; some think the policy could bring positive change but others disagree.

Essential background information 

The Coalition Against Trafficking in Women (CATW) started a change.org petition asking Amnesty to drop the policy. Meryl Streep, Lena Dunham and 9, 272 others signed the petition, opening the policy to public scrutiny.

In an open letter, CATW said Amnesty International’s policy would “advocate the legalisation of pimping, brothel owning and sex buying.”

Policy supporters launched another change.org petition with 10, 073 current supporters, urging Amnesty International to stand firm in their decision.

Twitter’s thoughts?

Lena Dunham on Twitter: “For those asking for clarification: I support decriminalization for those who are actually selling sex. NOT those who profit off others. / Twitter”

For those asking for clarification: I support decriminalization for those who are actually selling sex. NOT those who profit off others.

Elísabet Ronaldsdóttir on Twitter: “I have lost trust in #AmnestyInternational I will find another human rights organization that also supports the human rights of women. / Twitter”

I have lost trust in #AmnestyInternational I will find another human rights organization that also supports the human rights of women.

Sarah M Mah on Twitter: “Women, children, people of colour ignored by @amnesty as they call for decriminalization of pimps and johns #cdnpoli http://t.co/yhzZPef020 / Twitter”

Women, children, people of colour ignored by @amnesty as they call for decriminalization of pimps and johns #cdnpoli http://t.co/yhzZPef020

Rachel Moran on Twitter: “This has been such a horrible day; women calling me crying, me crying remembering dead women. I will never forgive @amnesty for this day. / Twitter”

This has been such a horrible day; women calling me crying, me crying remembering dead women. I will never forgive @amnesty for this day.

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Why decriminalise sex work?

Supporters believe decriminalisation will help remove the stigma from sex work. Gabby Skelsey works at RhED, a specialist service for the sex industry, and said the greatest harm workers face is stigma and discrimination.

Others believe decriminalising sex work may bring better rates and conditions to sex workers. Street sex workers will be able to unionise, work together for safety and are more likely to seek police protection if they do not fear persecution.

Opponents of decriminalisation are concerned it will legitimise pimps and brothels; giving too much power to individuals profiting from sex workers. Opponents also worry decriminalisation will increase immoral behaviour and spread HIV.

Decriminalise Sex Work Now!

Law reform for sex work has been in process for over a decade now. Many politicians say they can’t support decriminalisation of sex work because you – the pu…

What is ‘decriminalisation’? 

If an offence is decriminalised, it does not make it legal. If sex work is decriminalised, all related consensual activities would no longer be crimes and there would be no criminal penalties for participants.

Sex work can be illegal, legal or decriminalised.

Legalising sex work involves introducing complex legislation. Germany introduced the Prostitution Act in 2002 and sex workers pay taxes, have health insurance and receive pensions. Brothels are run like a regular business, but legislation does involve state sanctioning of sex work.

An Australian context

In Australia, it is not illegal to sell sex. Every state polices sex work differently.

In Queensland, single sex workers can work alone or in a registered brothel. Queensland sex workers can work from home, but cannot share this home with another sex worker. Victorian sex workers can work in a small brothel, an escort agency or as a private escort. Tasmanian sex workers must work alone or in a partnership as brothels are criminalised.

Australian Sex Workers Association Scarlet Alliance said decriminalisation is the optimal model for sex work legislation.

 

About the author

Lauren Roberts

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