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Sex workers' rights

Human, health, and labor rights of sex workers and their clients

  • 33 min read
  • 8 chapters
Statue to honor the sex workers of the world. Installed March 2007 in Amsterdam , Oudekerksplein, in front of the Oude Kerk , in Amsterdam's red-light district De Wallen . Title is Belle , inscription
Flickr user Romeo Reidl from Budapest, Hungary · CC BY-SA 2.0

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Through Human rights, Women's rights and Customer

The term sex work, coined in 1978 as a linguistic labor organizing tool, refers primarily to prostitution, but also encompasses adult video performers, phone sex operators, webcam models, exotic dancers in strip clubs, and others who provide sex-related services. Some extend the use of the term to include "support personnel" such as managers, agents, videographers, club bouncers, and others. The debate over sex work is often characterized as an issue of women's rights, especially by those who argue that prostitution is inherently oppressive and seek to criminalize it or keep it illegal, but in fact, there are also many male and non-binary individuals engaged in providing sexual services. Most sex workers do not wish to be branded as criminals and regard laws against prostitution, pornography, and other parts of the sex industry as factors contributing to violence and thus violating their rights.

Since its introduction by sex workers at the 49th Venice Biennale in 2001, the red umbrella has become an internationally recognized symbol of the sex workers rights movement.

Views

Discrimination and stigmatization

In most countries, even those where sex work is legal, sex workers of all kinds feel that they are stigmatized and marginalized and that this prevents them from seeking legal redress for discrimination (e.g., racial discrimination by a strip club owner, dismissal from a teaching position because of involvement in the sex industry), non-payment by a client, assault, or rape. Activists also believe that clients of sex workers may also be stigmatized and marginalized, in some cases even more so than sex workers themselves. For instance, in Sweden, Norway, and Iceland, it is illegal to buy sexual acts, but not to sell them (the buyer is said to have committed a crime, but not the prostitute). In response to the growing sex liberation movement in the United States, the United Nations declared the 70's as the 'Decade of Women'.

Pornography debates

During the 1970s and 1980s, the main topics in the feminist discourse on women's sexuality were pornography, prostitution, and human trafficking. This led to the birth of the mobilization for sex worker rights in America. Carol Leigh is credited with coining the term "sex work" in the early 1978, and it was later popularized by a book published in 1989 called Sex Work.

The feminists involved in these debates held opposing views on how to eliminate sexual violence against women, and those involved were either classified as "liberal feminists" or "radical feminists". The third group of feminists is described as "pro-sex" or "sex positive feminism", and this view is considered the true feminist defense of pornography.

Radical feminist

The argument of the radical side rests upon the premise that pornography depicts women as subordinates and perpetrates violence against women. Some of the anti-porn feminists included Page Mellish, Andrea Dworkin, and Catharine MacKinnon.

Dworkin insisted that the oppression of women occurs through sexual subordination and that for gender equality to exist, subordination must be eliminated. Thus, she states that pornography and prostitution are incompatible with gender equality. Similarly, MacKinnon states that pornography is an act of sexual violence. On the grounds that pornography violated women's civil rights, she and Dworkin proposed a law named the "Anti-Pornography Civil Rights Ordinance" that allowed women to seek reparations for damages done by pornography through civil courts. Likewise, Page Mellish, the founder of Feminists Fighting Pornography (FFP), believed that issues facing feminists were rooted in pornography. Mellish allied with conservatives in 1992 to fight for the passing of the "Pornography Victims' Compensation Act", which was modeled after Dworkin and MacKinnon's ordinance.

Liberal feminist

Liberal feminists have traditionally been less focused on prostitution debates, given their broad focus on women's rights in public life, especially political and economic rights. Mainstream liberal feminists, such as the National Organization for Women, tend to oppose prostitution in principle, but are somewhat divided on prostitution politics and the specific measures in the struggle against human trafficking, particularly on criminalization.

Libertarian feminist

Contrarily, libertarian feminists believe that capitalism allows women to freely make whatever choices they desire. As such, some women freely choose to participate in pornography, as they do in other forms of labour. The main thing that these feminists fight against is censorship, regardless of whether they personally agree with pornography or not. On this side of the debate are feminists such as Gayle Rubin and Lynn Chancer. Rubin argues that anti-pornography laws could negatively harm sexual minorities such as gays/lesbians, sex workers, and feminists because they would create new problems and modes of abuse resulting from the anti-pornography side's use of a limited amount of porn that demonstrates the most extreme cases of violence such as sadomasochism. Likewise, Chancer argues that it is possible for such imagery to be able to circulate consensually and lawfully while genuine feelings of pleasure are being experienced without women feeling subordinated. She also states that some of these feminists believe that pornography is negatively affecting women by leading to violence against women when in actuality it is not. Thus, she concludes that radical feminists are looking at pornography as a quick fix to a much larger societal problem.

Sex-positive feminist

Sex-positive feminists believe that no form of sexual expression should be vilified, except that which is not consensual. One of the main advocates of this feminist perspective is Carol Queen. She argues that radical feminists probably generalize too widely as far as women are concerned, and do not take into consideration more complicated circumstances such as sadomasochism and prostitution. Elisa Glick also states that configurations of power within relationships do not prevent women from exercising it and that they can be used to enable women to exercise it. At the height of the movement, particularly following the Stonewall Riots, sex-positive feminists collared with other organizations such as the Gay Liberation Front in hopes of achieving a revolution. This entailed overthrowing capitalism, rejecting heteronormative ideas, and centering human rights. Although some of the common shared objectives were decriminalization, destigmatization, and increased economic/social/legislative opportunities, especially for trans sex workers and sex workers of color.

The first sex work organization, Call Off Your Old Tired Ethics (COYOTE), was founded in 1973 by Margo St. James. Although it worked on a wide range of issues, it focused primarily on the unequal treatment female sex workers received compared to male sex workers. Women prostitutes made up 90% of arrests, whereas male prostitutes were often let go.

Men on porn

There is debate on whether the consumption of porn among men is good for their well-being, though in a study of over 300 men aged 18 to 73, 97% report that they have watched porn, with 94% reporting having done so in the last 6 months and 82% reporting doing so in a manner they would consider "regularly". Men of all ages report an overall positive experience with porn, though younger men express greater negatives than older men—which researchers speculate is because porn skews their perceptions of sex.

"Sex Wars" debate

Pornography debates provided leeway for the emergence of the "Sex Wars" debates, a title assigned by feminist scholars. These debates began in the 1980s and centered upon ways that women were depicted in heterosexual sexual relations. The main premise of the anti-pornography movement rests upon the argument that pornography is degrading and violent towards women. These feminists also believe that pornography encourages men to behave violently towards women. However, liberal feminists argued that this argument does not take into account the pleasure that women can experience, stating that these arguments could backfire against women and subject them to a greater degree of subordination.

Thus, the debates started to become centralized on the role of dominance within heterosexual relationships and how this dominance is transferred to other areas of women's lives. These theories of male sexuality and female objectification and sexuality are controversial because they framed later debates about human trafficking, in which coerced workers are distinguished from voluntary workers.

The human trafficking debate has materialized as a result of the movement. Current debates center on whether the best way to protect women would be through abolition, criminalization, decriminalization, or legalization.

Legalization

Sex worker advocates who are fighting for legalization or decriminalization of prostitution contend that criminalizing consensual sex acts among adults creates a black market, which worsens the problem of forced human trafficking rather than reducing it. They decry the paternalistic attitude of what they disparagingly call "rescue missions", law enforcement raids that regard all sex workers as in need of "saving" fail to distinguish the minority of sex workers who are coerced from the vast majority who engage in sex work voluntarily. Furthermore, liberal feminists such as Ronald Weitzer and Gayle Rubin argue that the definition of sex work as inherently violent has created a "moral panic" that influences political discourse. They contend that this "panic" has led to the construction of a trafficking victim who may be a woman migrating for work. These feminists argue that this can backfire because it does not protect those women who voluntarily enter into sex work.

Criminalization

Opponents of the sex workers' rights movement, such as Melissa Farley and Janice Raymond, argue that prostitution should be abolished because legalization can increase incidences of human trafficking. The New UN Trafficking Protocol by Raymond argues that many victims are trafficked to countries in which sex work is legalized or decriminalized, and because they are trafficked under the guise of migrants, they are not protected. Raymond also argues that it is impossible to separate the exploitation experienced by local prostitutes from the exploitative experiences of trafficked prostitutes, as they are very similar. Thus, to end sex slavery, the report declares that everyone involved in sex work needs to be criminalized so that the industry can be abolished. Similarly, Farley argues that engagement in voluntary sex work is a decision made by women in the absence of alternative choices, and that it therefore cannot accurately be described as a voluntary and freely made choice.

United Nations guidance on sex workers' human rights

In 2024, the United Nations Working Group on Discrimination against Women and Girls released a report documenting persistent human rights violations faced by sex workers, including arbitrary arrest, police violence, barriers to health care, and exclusion from social protections. The report concludes that criminalization—whether targeting sex workers, clients, or third parties—intensifies stigma, unsafe working conditions, and vulnerability to violence. It notes that these harms disproportionately affect street-based workers, migrants, and transgender women. The Working Group identifies growing support across UN human rights mechanisms for full decriminalization of adult consensual sex work.

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