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