DTA

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Tesi etd-10152021-142617

Type of thesis
Master univ. I liv.
Author
PACE, CHIARA
URN
etd-10152021-142617
Title
The extent to which criminalisation and partial criminalisation damage the right to health of sex workers: A case for decriminalisation and legalisation?
Structure
Istituto di Diritto, Politica e Sviluppo
Course
Corsi Alta Formazione - MASTER IN HUMAN RIGHTS AND CONFLICT MANAGEMENT
Committee
relatore Dott. POLTRONIERI ROSSETTI, LUCA
Tutor Dott.ssa TADDEI, CAMILLA
Keywords
  • criminalisation
  • decriminalisation
  • legalisation
  • sex work
  • sex workers
Exam session start date
21/10/2021;
Availability
completa
Abstract
Aim: To understand the extents to which abolitionist (prohibitionism, neo-abolitionism and abolitionism) and non-abolitionist (legalisation and decriminalisation) legislative approaches to sex work affect the right to health of sex workers in order to determine the most suitable approach to regulate sex work. Method: Desk research, the sources from which data was gathered include Non-Governmental Organizations (NGOs), government websites, and existing academic studies on sex work and on the right to health. Results: Partial and total criminalisation have a direct impact on condom use and distribution by using condoms as evidence of sex work, and they foster a climate of impunity that contributes to client and police violence against sex workers. Conversely, decriminalisation provides sex workers with rights, and it allows a shift of power from potential abusers towards sex workers. The same cannot be said for legalisation, as only registered sex workers have these advantages. Abolitionist approaches, and legalisation too to a certain extent, do not respect the principle of non-discrimination of the right to health. Conclusion: Abolitionist approaches to sex work seem to show bringing greater damage to the right to health of sex workers, than non-abolitionist approaches. Between decriminalisation and legalisation, decriminalisation appears to be the least damaging approach. Decriminalisation provides sex workers with labour rights and recognises sex workers as workers.
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