Laws going through Oireachtas ‘violate’ human rights of sex workers

Legislation going through the Oireachtas is “likely to violate” the human rights of sex workers, according to a legal opinion published yesterday.

Senior counsel Michael Lynn said there was a large body of evidence that called into “very serious question” the effectiveness of the Swedish model, which criminalises the purchase of sex, in reducing prostitution.

The Criminal Law (Sexual Offences) Bill — which contains provisions to criminalise those who buy sex — is back before the Oireachtas and Tánaiste Frances Fitzgerald hopes it will be enacted by the end of the year.

In a 31-page legal opinion, drafted for Sex Workers Alliance Ireland (SWAI), Mr Lynn also said that the failure of the bill to amend existing legislation on “brothel-keeping” meant sex workers who live or work together for safety reasons can be criminalised. He said he provided legal advice on part 4 of the bill pro bono (for free) to SWAI after a request from the Public Interest Law Alliance.

“My initial, instinctive feeling was that the measures proposed in the bill were justifiable on a human rights basis because their aim appeared to be to protect, by prohibiting the purchase of sex, vulnerable people whose circumstances expose them to exploitative sex work,” said Mr Lynn.

“To my surprise, I have concluded that the legislation is likely to violate the human rights of sex workers. I reach this conclusion in part because of the evidential shortcomings in assessing the efficacy of the so-called Swedish model, on which part 4 of the 2015 bill is based.”

He said he also took account of the “large body of opinion, both independent and reputable, that the decriminalisation of sex work is the preferable approach in securing, as far as possible, the safety, physical security, health and equal treatment of sex workers”.

He said this opinion includes the positions of UN bodies, the WHO, the Global Commission on HIV, the International Labour Organisation, Amnesty, and Human Rights Watch.

The Turn Off The Red Light Campaign backs the bill and criminalising the purchase of sex.