A/79/177
essential abortion-related medicines, including mifepristone and misoprostol, a
shortage of supplies and with obstructions in training for health workers to provide
abortion care 74 and a reluctance of some health-care workers to offer such care. 75
36. Women and children belonging to racial, ethnic and national minorities, for
example, have a higher incidence of unintended pregnancies and greater abortion
rates, particularly Black women, 76 and are also more often prosecuted in that regard. 77
4.
Sex work78
37. As of March 2023, over 150 countries criminalized some aspect of sex work. 79
Legal frameworks that criminalize sex work are based on the premise that the use of
criminal law will successfully eradicate or diminish the sex industry. However, research
consistently indicates that criminalising sex work fails to do so, 80 and negatively affects
the health of sex workers. 81 Criminalization heightens their exclusion from accessing
essential health services. 82 Equally, criminalization denies them basic labour
protections, including occupational health and safety protections, that are afforded to
workers in other industries. 83 Further, criminalization escalates health risks for sex
workers, as the fear of arrest leads to rushed transactions, riskier sexual practices, or
encounters in secluded venues where they have less control. 84
38. Criminalization increases rates of harassment, violence and crime against sex
workers, besides making them less likely to report these abuses to the authorities out
of fear of arrest. 85 Likewise, punitive approaches can perpetuate stigma, thereby
hampering access to health care, including regular screening and medical care,
adequate prevention, as well as access to other necessary health services and
information. 86
39. Sex work is a largely feminized industry that follows pre-existing patriarchal,
racial and class-based hierarchies. 87 In a recent study with sex workers, researchers
found that 74 per cent of participants lived below the poverty line, 70 per cent had
experienced unstable housing and almost 60 per cent had low levels of formal
education, which limited their employment options. 88 Sex workers are also often
indirectly criminalized through the criminalization of other behaviours adopted by
marginalized and disadvantaged communities, including the criminalization of drug
use and possession, same sex-relations, or certain sexual orientations or gender
identities, and homelessness. 89
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75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
10/28
A/66/254, paras. 21–36.
WHO, Abortion Care Guideline, pp. 12–13.
CERD/C/USA/CO/6, para. 33.
Colombia, Penal Code, Law No. 599 of 24 July 2000, Official Gazette, No. 44,097 (24 July
2004), para. 363.
OHCHR, “A guide on the human rights of sex workers”, 14 March 2024.
Joint United Nations Programme on HIV/AIDS (UNAIDS), “New legal principles launched on
International Women’s Day to advance decriminalization efforts”, 8 March 2023.
Sean Bland and Benjamin Brooks, “Improving laws and policies to protect sex workers and
promote health and well-being: a report on the criminalization of sex work in the District of
Columbia” (2020).
A/HRC/14/20, para. 34.
OHCHR, “A guide on the human rights of sex workers”.
A/HRC/14/20, para. 27.
Ibid., paras. 36–37.
WHO, Consolidated Guidelines on HIV, Viral Hepatitis and STI Prevention .
Bland and Brooks, Improving Laws and Policies to Protect Sex Workers.
A/HRC/WG.11/39/1, para. 3.
Bland and Brooks, Improving Laws and Policies to Protect Sex Workers, p. 13.
A/HRC/WG.11/39/1, para. 12.
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