David Norris (Independent) | Oireachtas source

The criminalisation of sex work is increasingly being recognised as a human rights concern. The UN special rapporteur on the right to health has explicitly called for the decriminalisation of sex work. The final report of the Global Commission on HIV and the Law, an independent body convened by the UN development programme on behalf of the joint United Nations programme on HIV-AIDS, has made the same call. The commission deliberated over a two-year period, undertaking extensive analysis and research, including seven regional dialogues on the links between legal frameworks, human rights and HIV. I apologise as this information has been put on the record by Senator White in a very fine statement.

The UN AIDS advisory group on HIV and sex workers recommended that states should move away from criminalising sex work or activities associated with it. It also recommended that the decriminalisation of sex work should include removing criminal penalties for the purchase and sale of sex. It could not be any more unambiguous. This is the most reputable international body. It also recommended that the management of sex workers, brothels and other activities related to sex work, to the degree that states retain non-criminal administrative law regulations concerning sex work, should be applied in ways that do not violate the workers' right or dignity and ensure their enjoyment of due process of the law.

Now let us turn to the World Health Organization, and the Minister of State can dismiss this any way he likes. It calls for countries to work towards the decriminalisation of sex work and the elimination of the unjust application of non-criminal laws and regulations against sex workers. The International Labour Organization has called on governments to recognise sex work as an economic sector and a legal occupation, with protection under the labour law, social security and health regulations. Human Rights Watch, Open Society Foundations and Anti-Slavery International, among other non-governmental groups, have also called for the decriminalisation of all sex work. A constellation of bodies is calling for the deletion of these two sections, which is my proposal. In Norway-----