Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

48 PRACTITIONERS GUIDE No. 12
CEDAW’s General Recommendation No 33 recognizes that
being a prostitute/sex worker is in itself a barrier to justice,
and that the criminalization of prostitution is a further barrier to
access to justice. 114
Adults engaged in prostitution/sex work, as in every other
context, should be freely choosing each and every sexual
contact. This is otherwise a form of rape (where the act
involves penetration) or sexual assault. 115 States should
ensure: that all the concerns and reports that sex
workers/prostitutes have about violence they are subjected to -
whether by pimps, clients, family members or others, can be
raised safely; that women in sex work/prostitution feel able
and empowered to report violence, and are treated with the
professionalism and dignity deserving of everyone. It is
important to acknowledge that sex workers/prostitutes are
often targeted for violence and abuse of power by police
officers. Violence against sex workers/prostitutes by police is
particularly difficult to address, as police are then required to
investigate their own colleagues. Within such a context, women
sex workers/prostitutes will not be confident to bring their
requests for investigation and protection to the attention of
police. Attitudes to violence against sex workers/prostitutes
show the marginalization of sex workers in society –
assumptions that sex workers “cannot be raped” feeds
misogynistic views that rape victims “ask for” violence.
No child under 18 should be involved in sex
work/prostitution. 116
114
CEDAW General Recommendation No 33, “General
recommendation on women’s access to justice”, UN Doc
CEDAW/C/GC/33 (2015), paragraph 9.
115
To be legal under international human rights law, each and every
episode of sexual contact must be freely chosen by individuals
exercising sexual autonomy – any other sexual contact is a form of
rape or sexual assault. See Chapter V below on rape and sexual
violence.
116
Optional Protocol to the Convention on the Rights of the Child on
the sale of children, child prostitution and child pornography; see also