DOES PROSTITUTION VALIDATE OR VIOLATE HUMAN RIGHTS?

Abstract

Albeit, erroneously, sex work (or prostitution) is negatively feminized. Women are socially vilified as ‘sellers’ of illicit sex. Men are not vilified as ‘the buyers’. Determining the legal status of sex work place two prominent groups in a critical debate, that is, whether female prostitution validates or violates human rights. The civil rights group, Amnesty International argues that prostitution is a lawful expression of the right to work and freedom from non-discrimination guaranteed in international human rights law, and must be liberalized and protected as such. On the contrary, the United Nations argues instead that prostitution is a form of exploitation which violates the right to dignity of women, among others; hence, it is rightly prohibited and criminalized in most jurisdictions. This paper is socio-legal, and non-religious. It explores the arguments on both sides with a view to reconciling them, using the doctrinal methodology. It finds the arguments strong and convincing, hence, reconciling them remains onerous. It concludes that unless the legal and social perception of prostitution is determined with certainty, the global quest for sustainable guarantee of equality and dignity rights of sex workers, especially women, will remain indefinite. The paper therefore recommends further research on the subject matter.