A Way Out affirms its support for the full decriminalisation of sex work. We believe that this approach is essential to uphold the human rights, safety, health, and dignity of sex workers. Our position is grounded in evidence-based research, the lived experiences of sex workers, and our commitment to social justice, public health, and harm reduction.

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Sex work and Decriminalisation definitions:

• Sex workers are adults who receive money or other forms of compensation in exchange for consensual sexual services, either regularly or occasionally.

 

• Amnesty International refers to sex work as, ‘.. a contractual arrangement where sexual services are negotiated between consenting adults with the terms of engagement agreed upon between the seller and the buyer,’

 

• Decriminalisation is the removal of the criminal laws that restrict the selling of sex.

 

Why decriminalisation?​

When sex work is decriminalised sex workers can advocate for safer working conditions and use the criminal justice system to seek redress from abuse, discrimination and exploitation. By limiting sex workers freedoms to negotiate condom use, access public services like health care, and organise and advocate for their rights, criminalisation also increases vulnerability to violence, abuse, health risks and extortion.

 

AWO believes that decriminalising sex work is the best policy to promote the health and human rights of sex workers, their families and communities. Removing criminal prosecution recognises sex work as work and supports the right of sex workers to operate free from the stigma of criminalisation.  Taking this approach means that sex workers are more likely to live lives free from harm, abuse and exploitation. Removing criminalisation also enhances the opportunities for individuals to find work outside of the sex industry, should they wish to move on from this form of work.

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1. Human Rights and Safety

A Way Out believes that Sex workers are entitled to the same rights and protections as any other members of society. Criminalisation – whether full or partial (such as the Nordic model) – exposes sex workers to violence, exploitation, and systemic discrimination by pushing the industry underground and away from the protection of legal systems.

• Amnesty International and Human Rights Watch support decriminalisation as a necessary step toward upholding human rights. Amnesty concluded that criminalisation exacerbates abuse, police violence, and barriers to justice (Amnesty International, 2016).

•  “Criminalization of sex work, whether of the sellers, buyers, or third parties, violates sex workers’ rights and endangers their lives.” – Human Rights Watch (2019).

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2. Public Health

Criminalisation impedes access to essential health services. Sex workers in criminalised environments face stigma and fear of arrest, deterring them from accessing sexual and reproductive health services, including HIV prevention and treatment.

• A 2015 study published in The Lancet found that decriminalisation could lead to a 33–46% reduction in HIV infections over 10 years due to improved access to health services and reduced violence (Shannon et al., 2015).

• “Decriminalisation is one of the most effective interventions to protect the health and human rights of sex workers.” – UNAIDS (2012).

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3. Reducing Exploitation and Trafficking

Contrary to popular belief, evidence shows that decriminalisation can reduce exploitation. By creating safer working environments and removing punitive laws, sex workers are more likely to report abuse and trafficking without fear of legal repercussions.

• New Zealand’s Prostitution Reform Act (2003) decriminalised sex work. Subsequent government reviews found no increase in trafficking and improved conditions for sex workers, including increased ability to refuse clients and report violence (NZ Ministry of Justice, 2008).

• “Decriminalisation has had a positive effect in terms of access to justice and occupational health and safety.” – NZ Prostitution Law Review Committee (2008).

 

4. Economic Justice

Many people, particularly women, migrants, LGBTQ+ individuals, and those living in poverty, enter sex work due to economic necessity. Criminalising sex work compounds social exclusion and economic marginalisation. Decriminalisation supports autonomy, labour rights, and economic agency.

• The Global Network of Sex Work Projects (NSWP) highlights how criminalisation intersects with poverty, racism, and gender inequality to further entrench disadvantage.

Our Commitment

A Way Out works to reduce abuse, harm, and exploitation. We safeguard the rights of sex workers, promote dignity, and advocate for justice. We stand in solidarity with sex workers in calling for the full decriminalisation of consensual adult sex work. We urge lawmakers to adopt evidence-based policy grounded in respect, safety, and inclusion.

We commit to:

• Amplifying the voices of sex workers in policy discussions.

• Providing trauma-informed and non-judgmental support services.

• Challenging stigma and misinformation about sex work.

Advocating for legislative change in line with international human rights standards.

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​10 reasons for decriminalising sex work (Open Society Foundations)

 

• Human rights and dignity.

Sex workers fight for human rights cannot be fully recognised if criminal law threatens their access to health and justice outcomes, undermines their right to labor and workplace protections. This exposes sex workers to violence, abuse, harm and exploitation and also a criminal record.

 

• Guards against abuse, harm and exploitation

Sex work is not inherently violent and to avoid increasing the risk of violence occurring both seller and buyer should not be in fear of arrest. This means that sex workers can operate in safe spaces, screen clients properly, negotiate condom use and will feel able to report to police any offence that has taken place.

 

• Safeguards against State (police) abuse and violence

When sex work is criminalised there is a power differential between police and sex workers that can be exploited. Decriminalisation empowers sex workers to come forward and register complaints against police or any other state agency who act unlawfully and to bring offenders to justice.

 

• Improves access to Justice

The laws that criminalise sex work can cause sex workers to feel unsafe reporting crimes, including violent and sexual crimes because they fear prosecution, police attention, stigma and discrimination.

 

• Avoiding a criminal record

Criminal records are a source of stigma and limit access to the employment market. This means that sex workers wishing to change careers from sex work to other forms of employment can find significant barriers to accessing other forms of work.

 

• Improved access to health services

Sex workers can face stigma and discrimination in their interactions with health care providers and may mean that access to important health and sexual health service provision is not taken up. Decriminalisation of sex work would be a step towards addressing barriers and removal of the stigma associated with health interventions.

 

• Reduces the risk of HIV and STI’s

When sex work is decriminalised sex workers are empowered to insist on condom use and are better able to access testing and treatment for HIV and STI’s. a study in The Lancet (2014) identified that decriminalising sex work would have the single greatest potential to reduce HIV infections in female sex work communities.

 

• Promotes safe working conditions

Decriminalisation enables the conditions to create a safer working environment through health and safety regulations. Additionally, it provides the opportunity for sex workers to collectively organise and address risk factors in the workplace and advocate for better conditions.

 

• Allows for effective responses to trafficking

Sex workers can be natural allies in the fight against trafficking and when freed up from the threat of criminal penalties can organise and collaborate with the criminal justice system to address this crime. There is no evidence that suggests that criminalising selling or buying sex has any impact on trafficking and conversely there is no evidence to suggest that decriminalising sex work increases this crime.

 

• Challenges state control over bodies and sexuality
  The right to privacy and freedom without undue state control is enshrined in the ECHR.
  Decriminalisation respects gender equality and sexual rights and laws against sex work constitute a form of state control over the bodies of women and LGBTQ+ persons who make up the large majority of sex workers worldwide.

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Sources:

• Amnesty International (2016). Policy on State Obligations to Respect, Protect and Fulfil the Human Rights of Sex Workers

• Shannon et al. (2015). Global epidemiology of HIV among female sex workers: influence of structural determinants. The Lancet, 385(9962), 55-71.

• Human Rights Watch (2019). Sex Workers at Risk: Condoms as Evidence of Prostitution in Four US Cities

• UNAIDS (2012). Guidance Note on HIV and Sex Work

• Prostitution Law Review Committee (2008). Report of the Prostitution Law Review Committee on the Operation of the Prostitution Reform Act 2003 (New Zealand).

• Global Network of Sex Work Projects (NSWP). Consensus Statement on Sex Work, Human Rights and the Law.

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Updated Oct 2025

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