Decriminalise sex trade to protect workers' rights

File picture: Christian Hartmann

File picture: Christian Hartmann

Published Aug 18, 2016

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Cape Town - The decriminalisation of sex work is the only viable approach to protecting and promoting the rights and dignity of sex workers, the Commission for Gender Equality (CGE) says.

At a meeting of the Multi-Party Women's Caucus on Wednesday, members of the Commission for Gender Equality (CGE), the Sex Workers Education and Advocacy Taskforce (SWEAT), the South African Law Reform Commission (SALRC) and the Department of Justice and Constitutional Development discussed the possible decriminalisation of sex work.

CGE chief executive Keketso Maema said the current legal regime of criminalisation of sex work was difficult to implement and enforce, and had not resulted in the reduction of levels of sex work or violence against sex workers.

"Criminalisation harms the interests of sex workers by denying them their human and constitutional rights and preventing access to legal protection and enjoyment of labour rights."

SWEAT human rights and lobbying officer Nosipho Vidima said in a study of 650 sex workers in Cape Town, 314 said they had been physically assaulted in the year preceding the survey.

SWEAT lambasted the slow progress of the law reform process on adult prostitution, which has been in the works since 1997. The SALRC has compiled a report with recommendations on the matter.

Dellene Clark, a specialist state lawyer adviser for the SALRC, was left apologising for vague feedback on the report, which she said would be released "imminently".

She said it was debatable whether legalising would address the power imbalance or reduce the demand for unsafe or high-risk sex, but it might even normalise coercion and the expendability of women.

Department of Justice specialist state law adviser Johan de Lange said once the report was released, an evaluation of the report would be finalised and a bill prepared.

The bill will be submitted to the cabinet and a public consultation process conducted.

The bill will be resubmitted to the cabinet for approval to introduce to Parliament next year.

Cape Times

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