On the Rights of Prostitutes

“No person shall be deprived of life, liberty, or property, without due process of law, nor shall
any person be deprived equal protection of the laws.”
1987 Constitution of the
Philippines

To quote popular culture, “ prostitution is the oldest profession of the world”. While illegal in
most states, prostitution had always existed and is acknowledged in many, if not all,
countries. However, acknowledgement does not entail reverence. While most societies
recognize such existence, majority of the population think lowly of the profession of
prostitution. Such thinking, if brought to the collective level, result to norms and morals that
are against prostitution. Prostitution is seen as an immoral practice, and sex workers,
immoral human beings. Because of this, sex workers are forced to hide their transactions
from the government. This makes them prone to infringement of basic human rights. Aside
from the agential factors, the lack of inclusion of the sex workers in the collective identity of
the labor present a structural deformity that in itself allows for the continuing degradation of
the citizens that are engaged in such practice. The treatment between a regular worker and
a sex worker is different.

In the discussion of rights of prostitutes, it is important to note Sec 1, of Article III of the 1987
Constitution which provides for the assurance of equal protection. In our country, workers
are provided a specific set of rights to protect them from their employers as well as from
other actors that might affect their well-being as a member of the labor force. We argue that
such set of rights should extend to sex workers as well. This assertion entails the
decriminalization of prostitution, since the current set of laws prohibit engagement in such
practices. Furthermore, this assures that sex workers are provided protection by the
government, as well as just compensation and humane treatment from their employers. In
our presentation, we elaborated that sex workers encounter a myriad of problems, rooting
from clear violations of their rights: their right to just compensation for their job, humane
environment and fair treatment in their profession, and equal treatment and access to
government institutions. This is addressed through a three-point plan as presented by our
group.

Decriminalization

The first step in assuring the rights of any group is to allow for a legal acknowledgement of
their existence. For prostitution, this involves the decriminalization of the same so that those
who practice the profession would not attempt to conceal the same from the government. If
prostitution is not prohibited by law, sex workers may freely transact with anyone and at least
enjoy the basic rights and access to proper institutions if needed.

In the international community, this had been an advocacy amongst many global institutions
like the World Health Organization, Amnesty International, Human Rights Watch, and the
UNFPA.[i] As a result, states have varying positions on the decriminalization of sex work.
In Canada for instance, the anti-prostitution law was challenged by Terri-Jean Bedford, Amy
Lebovitch, and Valerie Scott. [ii] Canada’s Criminal Code prohibits sex workers from their
labor rights because it permits sexual acts in exchange for money but criminalizes sex
workers and their clients from communicating the exchange in a public setting. [iii]
Petitioners argue that such law violates their constitutional right of freedom of expression
and liberty, and that the same threatens their safety.

An exemplary case of decriminalization of prostitution would be that of Denmark. n Denmark,

prostitution was decriminalized in 1999, allowing for both selling and buying of sex to be
legal as long as both participants are above the age of 18. Brothels and pimping, however,
still remain illegal in the country.[iv]

The ratio of decriminalizing prostitution is that it allows sex workers access to basic
institutions that are otherwise denied to them by virtue of their profession’s illegal nature.

Regulation

Once decriminalized the next logical step is regulation. This brings the most vulnerable
component in prostitution within the ambit of the long arm of the law. Not to be punished but
to be helped. Sex workers benefit as a regulated business enjoys many benefits. From
healthcare and health insurance, to the protection provided by police enforcement and even
social services, with regulation comes safety.
The government is not left out in this bargain as regulation brings with it taxation
whether through income taxes or permit fees. Furthermore the government is far more
capable than small and divided competing institutions to fight against the dangers of the sex
trade. From monitoring and preventing STD’s to mitigating and even eradicating human
trafficking and pedophilia trafficking. All in all regulation is a rising tide that raises all boats, a
boon to everyone. It brings the sex trade from the shadows of the underworld and into the
protecting light of society.

Protection

The final and most important part of the proposed action is the assurance of rights to sex
workers. While the ideal action would be that of providing a special set of rights that are
specifically accorded for those engaged in the profession of prostitution. Such law would
take into consideration the specificity, risks, and the uniqueness of such profession as
opposed to other sectors of the labor force. However, for practical reasons, it would be
sufficient that sex workers be given the same set of rights afforded to regular workers. By
doing so, the problem of just compensation, and inhumane and unfair working conditions are
addressed by providing sex workers safeguards against abusive employers by the
government.

[i] Overs, Cheryl. "Sex Workers: Part of the Solution" (PDF). World Health Organization. Retrieved 4 May 2017.
[ii] Canada (AG) v Bedford 2013 SCC 72, [2013] 3 SCR 1101
[iii] Criminal Code, R.S.C. 1985
[iv] "100 Countries and Their Prostitution Policy". ProCon.org. Retrieved 4 May 2017.