The Commission for Gender Equality (CGE) this week again called for sex work to be decriminalised – what do you think?
Read the statement below and comment on our website:
THE GCE said this week that it had noted with interest the report released on May 26 by the Minister of Justice and Correctional Services Michael Masutha pertaining to sex work in the country. The report was as a result of the South African Law Reform Commission (SALRC) having received representations and submissions on whether to decriminalise sex work or keep the status quo. The report concluded that sex work should remain criminalised and diversion offered in the process. The commission has indicated that it does not agree with the position.
In 2013, the CGE embarked on a process of conducting a consultative dialogue on legislative reform and concluded that the current legal regime that criminalises sex work in South Africa has failed sex workers. The CGE report on “Decriminalising Sex Work in South Africa report” was presented in the Parliament of the Republic of South Africa. Various stakeholders including sex workers were consulted on a broader scale on the matter. Everyone who attended the dialogue after hearing the reasons that CGE advanced was convinced that decriminalisation of sex work was the best option.
“It is therefore prudent to note that CGE’s position on decriminalisation offers lots of spin-offs and those are consistent with Supreme Law of republic the Constitution of the Republic of South Africa. In terms of Section 7 (2) of the Bill of Rights, the State must respect, protect, promote and fulfil the rights in the Bill of Rights.”
Amongst the spinoffs of decriminalisation, as listed by the GCE, are: the freedom and right to form unions and challenge unfair labour conditions, freedom from discrimination, the rights to highest attainable standards of health, freedom and security of the person. The right to security which includes the right to be free from arbitrary arrest and detention, the right to just administrative action, the right to be free from violence, and the right to bodily and psychological integrity.
“The CGE believes that with the regulation of sex work through decriminalisation the monitoring processes will eliminate problems of underage sex work. Sex workers will also attain quality health care treatment and will be visited regularly by health practitioners.”
The CGE indicated that it will be easy and important to initiate broader public awareness campaigns to educate and sensitise society in general about the necessary reforms and policy changes relating to sex work and that this would deal with and possibly change the widespread hostile social attitudes towards sex work and sex workers.
“It is against this backdrop that the CGE believes the SALRC should consider decriminalisation of sex work in the country as it is in line with the Constitution and help restore the dignity of sex workers.”
