Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 29

Paragraph
Document type
Special Procedures' report
Paragraph text
Historically, sex work has been criminalized in two major ways. First, through the criminalization of the selling of sexual services, with the imposition of penalties upon sex workers themselves. Second, through the criminalization of various practices around sex work: these include, but are not limited to, keeping a brothel; recruiting for or arranging the prostitution of others; living off the proceeds of sex work; solicitation; and facilitating sex work through the provision of information or assistance. Although the former is not directly criminalized in many States worldwide, sex workers are nonetheless treated as criminals where activities around sex work are criminalized, or through the use of other pre-existing laws (not specific to sex work) to harass, intimidate or justify the use of force against sex workers. Examples include the use of vagrancy or public nuisance laws to detain or arrest street sex workers, or the use of laws prohibiting homosexual acts in relation to male and transgender sex workers.
Legal status
Non-negotiated soft law
Body
Special Procedures: Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health 
Means of adoption
N.A.
Topic(s)
  • Gender
  • Violence
Person(s) affected
  • LGBTQI+
Year
2010
Paragraph type
Other
Reference
SR Health, Report to the HRC (2010), A/HRC/14/20, para. 29.
Paragraph number
29