A/HRC/56/48 human rights law, noting also the language recommended by the Committee on the Rights of the Child.7 5. Moreover, from the expert consultations, many prostituted women and frontline organizations indicated that they accepted and used these terms, and did not find them either disrespectful or stigmatizing, as they recognized that the stigma and criminal responsibility must be assigned to the perpetrators of crimes and that the abuse of power does not imply a loss of personal agency or autonomy. These terms also meet the requirements of the definition of “victim” in international law. 6. The Special Rapporteur does not use the terms “sex work” and “sex worker” in the report.8 A number of organizations and individuals stated that, in their view, the aforementioned terms were more appropriate as they were more respectful and dignified for prostituted women,9 recognized their agency, and underlined that “sex work” was a “legitimate” form of work.10 While acknowledging these arguments, the Special Rapporteur considers that the term is neither recognized nor defined in international law. In addition, the term wrongly depicts prostitution as an activity as worthy and dignified as any other work. It fails to take into account the serious human rights violations that characterize the prostitution system and “gaslights” victims and their experiences. The Special Rapporteur therefore uses the terms “victims” and “prostituted women and girls” rather than “sex worker”,11 in recognition of the scale of the harm experienced and the impairment of fundamental rights and the rights to protection, assistance, compensation and reparations.12 Lastly, since it is not “sex” that is being bought, the term “sexual act buyer” is used to refer to those who purchase sexual acts. IV. Violence against women and girls as a form, cause and consequence of prostitution A. Root causes of the prostitution system 7. On the macro level, the development of prostitution systems is heavily influenced by patriarchal norms and the accompanying abuse of power and sexual demand by men, exacerbated in recent decades by globalization where everything can be bought and sold, 13 economic inequalities, conflict, occupation and increased militarization,14 destruction of ecosystems by extractive industries,15 the legacies of colonialism,16 war,17 complex emergencies and humanitarian consequences, all of which result in further marginalization and forced displacement of women and girls. 8. Women and girls facing multiple and intersecting forms of discrimination and inequalities are among the most susceptible to enter, engage or remain in prostitution, and therefore to violence. Disability, age, social class, race, ethnicity, migratory and legal status, sexual orientation and gender identity18 are factors that exacerbate the risk of entry into prostitution. As a result, prostituted women and girls often have irregular status and no access to effective assistance, protection, services or livelihood opportunities. Many are homeless, 7 8 9 10 11 12 13 14 15 16 17 18 See CRC/C/156, para. 55. The Special Rapporteur uses the term “prostituted children”, which is close to the term “children who are prostituted”. The terms used in the report may therefore be different from the preferred terms as they appear in the original submissions. Submission by HRW. Expert consultations. The term “victims of prostitution” is used in article 16 of the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. See General Assembly resolution 40/34. Expert consultations. Submission by Sisters of the Good Shepherd. Submission by Ecuador. Submission by Space International. Joint submission by Democracy Development Center et al. Submission by Transgender Europe. 3

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