A/HRC/56/48
in pornography.166 Globally, girls are the fastest growing group among detected trafficked
persons.167
C.
Decriminalization and protection of and support for prostituted
persons
43.
Article 16 of the Convention for the Suppression of the Traffic in Persons and the
Exploitation of the Prostitution of Others recognizes the status of “victim of prostitution”,
which is incompatible with the criminalization of prostituted persons. The call to punish the
exploitation of the prostitution of another person, even with the consent of that person, further
emphasizes that prostituted persons cannot be held accountable for their own situation of
exploitation. In terms of prevention and support, the Convention creates an obligation for
Member States to enforce prevention and rehabilitation policies (arts. 16, 20); to provide
open access to justice and to financial compensation to victims from out of the State (art. 5);
to repeal all discriminatory laws and measures specifically targeting prostituted persons (art.
6); and to make suitable provisions for the temporary care and maintenance of non-national
victims of trafficking for the purpose of prostitution (art. 19). In its resolution on the
regulation of prostitution in the European Union, the European Parliament also called for the
decriminalization of prostituted persons.
D.
Obligation of the State
44.
According to the Beijing Declaration and Platform of Action, States have an
obligation under international human rights law to develop and implement prevention and
protection measures enabling the proper investigation, prosecution and punishment of all acts
of violence against women and girls, including the prostitution of women. Furthermore,
article 2 (g) of the Convention on the Elimination of All Forms of Discrimination against
Women obliges States to repeal all criminal laws that discriminate against women, including
laws that criminalize women in prostitution.
45.
The Committee on the Elimination of Discrimination against Women has clarified the
meaning and application of the Convention in addressing prostitution, sexual exploitation
and sex trafficking as a trifecta of harmful cultural practices, violence, sexual violence, and
discrimination against women and girls. In paragraph 12 of its general recommendation No.
19 (1992), the Committee also recognized that discrimination against women and girls stems
from traditional attitudes that contribute to the propagation of pornography and the depiction
and other commercial exploitation of women as sexual objects, which in turn contributes to
gender-based violence against women.
46.
Under article 5 of the Convention on the Elimination of All Forms of Discrimination
against Women, States parties must take all appropriate measures to alter the social and
cultural patterns of conduct of men and women, with a view to achieving the elimination of
prejudices and customary and all other practices which are based on the idea of the inferiority
or the superiority of either of the sexes or on stereotyped roles for men and women.
47.
According to the Convention, States parties must also protect victims and prevent
harm by developing educational, health, social, economic and other related services for
victims. In its general recommendation No. 38 (2020), the Committee develops these
obligations by recommending appropriate legislation and guaranteeing access to justice for
victims, specifically highlighting migrant women and children. The Convention for the
Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others
obliges States to ensure that the most marginalized women and girls are protected from
exploitation schemes in which the exercise of real consent is impossible.
166
167
See CRC/C/156.
United Nations Office on Drugs and Crime, Annual Report 2018.
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