A/HRC/56/48
acts of violence; collectively, they create a demand for an inherently violent system built on
the sexual subordination of women and girls. Perpetrators come from all walks of life,115 from
various socioeconomic and racial backgrounds. To satisfy buyers’ demand, third parties that
organize and profit from prostitution also commit significant violence against victims.
Predominantly taking the form of organized criminal networks, pimps or gangs, the act of
pimping is committed sometimes by family members, partners, friends or other persons the
victims trust. Figures in positions of power within law enforcement, the judiciary, religious
leaders, media outlets, the hotel business or online and digital platforms may also act as thirdparty perpetrators of violence.116 State institutions may also create and foster conditions for
increasing the risks of women and girls being vulnerable to entering prostitution, remaining
trapped in it and being unable to exit it. States may also deliberately fail to protect prostituted
women and girls because they benefit financially from the exploitation and abuse of
prostituted women and girls. It is therefore relevant to speak of the “pimping State” – a State
that leads efforts to sanitize and legitimize prostitution, thereby promoting the industry and
render invisible its inherent exploitation.117 Such goals may be achieved through a variety of
actions, such as criminalizing and punishing women and girls while turning a blind eye to
the activities and financial gains made by pimps, or failing to take steps to stem demand or
hold sexual act buyers and pimps accountable.
VI. Legal and policy models on prostitution
27.
Most States have specific legislation that governs the prostitution system. Prostitutionrelated provisions are not stand-alone, but usually integrated into administrative and criminal
law. Many have ratified related international law, including anti-trafficking conventions, but
have domestic laws that contradict the State’s international commitments. Generally, the
detection and identification of victims of trafficking in women and girls remain low. Broadly
speaking, there are four main legal frameworks that govern prostitution at the national level,
with variations therein. Some legal approaches criminalize all or certain actors related to
prostitution, and all criminalize sexual exploitation, especially in the context of conflict and
war.
28.
The prohibition approach, also known as criminalization, sanctions all actors
involved, often on moralistic, cultural and/or religious grounds, and is practiced in such States
as China, the Islamic Republic of Iran and most of the United States of America.118 Some
States, such as the Russian Federation119 and Lebanon,120 sanction persons exploited in
prostitution as well as actors organizing and benefiting from it, without criminalizing sexual
act buyers. Some countries prohibit profiting from prostitution and third-party exploitation,
even though those rules are rarely enforced. The impact of this approach is often
discriminatory in that prostituted women and girls suffer most of the consequences; they are
most often arrested and prosecuted, socially marginalized, persecuted, incriminated and
incarcerated.121 They face barriers in housing, health and financial services, schooling for
their children, and access to justice. Police and law enforcement officers in these countries
are frequently reported as perpetrators of violence, as victims are more likely to be exposed
to police raids, extortion, deportation and sexual abuse and violence. In other countries,
prostitution can be administered or condoned under visa or labour mobility schemes, and
immigration authorities may be involved in the prostitution system.122 Exit or support
services under such frameworks usually do not exist,123 except for rehabilitation programmes,
which are conceived often as form of punishment. Buyers of prostitution are rarely
115
116
117
118
119
120
121
122
123
10
Submission by IROKO.
Submission by Afghan Women EU.
K. Banyard, Pimp State, 2017.
See https://prostitution.procon.org/countries-and-their-prostitution-policies/.
Submission by Safe House Foundation.
Submission by Kafa.
Submission by CREA.
Submissions by Kafa and Migrant Workers Action.
Submission by Eve’s Ribs.