A/HRC/56/48
and exploit vulnerable women,139 and has failed to discourage unsafe sexual practices and
widened the spectrum of “offers” to include even pregnant women, and attracted vulnerable
young women into the sex trade. Decriminalizing the sex trade has kept the identification and
prosecution of traffickers low, as is the case in Switzerland140 and Germany.141 It has also
placed the burden on prostituted women, especially those subjected to unsafe or slavery-like
conditions, to pursue costly and protracted legal action against their employers through
labour courts.142 It has increased the demand with new mega brothels, and emboldened
entitlement among buyers, leading to increase in violence.143 The approach also lacks State
mechanisms for exiting prostitution or obtaining social and professional integration.
31.
Both the regulation and decriminalization approaches view prostitution as inevitable
and the elimination of male demand for sexual acts impossible. Researchers have discovered
that, in 150 countries, demand increased when prostitution was legal.144 Countries that have
legalized or decriminalized prostitution have recorded higher rates of sex trafficking,
violence, abuse and rape and increased prospects for money laundering and drug
trafficking.145
32.
The abolition approach, also known as the “Nordic” or “Equality Model”, adopted in
Sweden,146 France,147 Ireland148 and Canada,149 maintains the international standard on the
sexual exploitation of the prostitution of others and trafficking in persons by criminalizing
third parties and decriminalizing prostituted persons, but adds the criminalization of buyers
as the main actors who drive the demand and fuel the commercial sex industry. By shifting
the criminal responsibility to the buyer and considering prostituted persons as victims of
systemic discrimination, as well as violence against women, it offers prevention, protection
and exiting alternatives to them. This approach has demonstrated concrete positive results by
improving the situation of persons in or at risk of exploitation; deterring buyers and third
parties; and reducing harmful gender stereotypes. For example, in Sweden, no murders of
prostituted women by buyers or pimps have been reported, and a large percentage of women
have successfully exited the system with the support of specialized organizations. 150 In
Canada, there has been a noticeable drop in the number of murders of prostituted women and
in the number of women guilty of minor offences.151 France has fined nearly 8,000 buyers
and increased victims’ compensation as a result of a 54 per cent increase in proceedings
against pimps and buyers.152 Ireland has implemented national campaigns to educate young
people about the risks of recruitment into the sex trade.153 The legal obligation to treat
prostituted women as victims entitled to protection and rights has resulted in the expansion
of State-sponsored victim-support services.154 All States have introduced public awareness
courses to discourage demand, and training for law enforcement on a victim-centred, traumainformed approach. Courts in both France and Canada have ruled that prostitution is
inseparable from pimping and human trafficking, violates human dignity and undermines
women’s right to equality.155
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
12
Submission by Stop Demand Foundation.
Plate Forme Traite, Alternative Report on the Implementation of COE CETS 197 in Switzerland,
2023.
Submission from SOLWODI.
Submission by Women’s Rights Party et al.
Submission by Nordic Model Now!
S. Cho et al. Does Legalized Prostitution Increase Human Trafficking?, World Development, 2013,
41(C).
Submission by Sisters.
Regeringens proposition 1997/98:55.
LOI n° 2016-444.
Criminal Law (Sexual Offences) Act 2017.
Bill C-36.
Submission by Sweden, Unizon et al.
Submission by Women Space Vancouver.
Submission by Le Mouvement du Nid.
Submission by the Irish Human Rights and Equality Commission.
Submission by Amicale du Nid.
Decision of France Constitutional Court n° 2018-761 QPC and Ontario Superior Court of Justice
ruling CV-21-659594.