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Abstract from Wendy Lyons' Dissertation

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Prohibitory Prostitution Laws and the Human Right to Health

Research dissertation presented in partial fulfilment of the requirements for the degree
of
LLM in International Human Rights Law
(Nottingham Trent University / HETAC)

Law School, Griffith College, Dublin

Wendy Lyon

2011

This paper demonstrated that laws that criminalise sex work or aspects thereof are
associated with negative outcomes for sex workers’ right to health under international
law. It also showed that the right to health is an underused mechanism in judicial
challenges to these laws.

The objective was to analyse, at practical and judicial levels, the relationship between
prohibitory prostitution laws and the right to health. International treaties were
examined to establish the relevant content of the right. Studies of the health-related
effects of these laws, in various jurisdictions, were reviewed. Existing research into the
effects of legalising prostitution under specified circumstances, and the effects of
decriminalisation, was also examined. Case law was reviewed of judicial challenges to
prostitution laws, and health-related aspects of relevant cases were discussed. The
reasons that each court did or did not reach a decision protecting sex workers’ right to
health were also considered.

The dissertation found that prohibitory laws lead to negative consequences for sex
workers’ health by increasing their risk of violence and sexually-transmitted infections;
adversely affecting their mental health, through these risks and through stigmatisation;
denying them occupational health and safety; and excluding them from the process by
which health-affecting decisions are made. It found positive health outcomes from
removal of these laws, although excessive regulation of legal prostitution can have
negative effects. It also found insufficient justification for health-based arguments in
favour of prohibitory laws.

It showed that only a small number of challenges to these laws have highlighted their
relationship to health, and the basis of these challenges has not been the right to health
itself, although a breach of a derivative right has sometimes been asserted. Health has
also, at times, served as a defence to these laws.

It concluded that sex workers’ right to health can best be protected through a legal
framework that decriminalises consensual commercial sex and explicitly protects their
occupational health and safety rights. This must be accompanied by efforts to
ameliorate stigmatisation. Judicial action can play a role, although it may require the
assertion of a derivative right rather than the right to health itself.
 
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