HUMAN RIGHTS, SEX WORK AND THE CHALLENGE OF TRAFFICKING Human rights impact assessment of anti-trafficking policy in the UK

A report by the x:talk project October 2010

Acknowledgments

programme.

AIM for human rights

Scot Pep

the Centre for the Study of Human Rights at LSE for the Centre for

Possible Studies

x:talk project

Foreword

i

the x:talk project

ii

Xanthe Whittaker

Heather Monroe

Katie Cruz

Marcia Regina de Lima

classes. Claire English

Josie Cousens

Alice Spencer

Niki Adams

Tiziana Mancinelli

Camille Barbagallo

P.G. Macioti

Nic Beuret

Contributors

iii

ACRONYMS AND ABBREVIATIONS

Foreword i

Executive Summary 1

Recommendations 2

Introduction 4

Chapter Two: Human Rights in Practice: the impact of Policy 19

Chapter Four: Conclusions and Future Directions 36

Contents

Lila Watson, Aboriginal activist, Australia

ExecutiveSummary

Recommendations

This report recommends:

Convention on the Protection of the Rights of All Migrant Workers and Members of their Families

ILO C no. 143: Convention on Migrant Workers;

Human Rights Act 1998

Human Rights Act 1998

Policing and Crime Act 2009;Policing and Crime Act 2009

1

Introduction

Policing And Crime Act 2009

Methodology

workers.

Migrant Workers in the UK Sex Industry.

Policy Overview: Setting the Scene

Setting the Boundaries

per se.

ackling the Demand for Prostitution,5

Policing and Crime Act 2009. The report described

Chapter one Overview of UK anti-trafficking

policy and legal framework

7

practice,9 p

11

but the

Nationality, Immigration and Asylum Act 2002.

Sexual Offences Act

Nationality, Immigration and Asylum Act 2002,

15

Asylum and Immigration (Treatment of Claimants, etc.) Act

Action Plan

which

law.

17

Guardian

Raids – Operations Pentameter and Pentameter 2

19

Proceeds of Crime Act 2002

National Referral Mechanism

through media reports.

Policing & Crime Act 2009

Policing & Crime Act 2009

paper, Tackling Demand for Prostitution: A Review

Section 14: Criminalising Clients

Policing and Crime Act 2009

Section 21: Closure OrdersPolicing and Crime Act 2009

Sexual Offences Act 2003

R v Massey (2007)

R v Massey (2007) suggests that, although the

Positions of Major UK Political Parties

Policing and Crime Act 2009

of sex workers.

Summary

.

Conditions of Work in the Sex Industry

Chapter twoHuman rights in practice:

the impact of policy

the Policing and Crime Act 2009

Finding Solutions: Changing the Sex Industry for the Better

Relationship with Police and other Authorities

to the police.

Policing and Crime Act 2009

Criminalisation of Clients

Closure Orders

Raids

these fears.

Use of Services

Summary

Chapter threeHuman rights obligationsand anti-trafficking policy

Human Rights Act 1998

Human Rights Act 1998

Human Rights Act 1998.

Human Rights Act 1998

Employment Justice

Right to Free Choice of Employment and to Just and Fair Working Conditions

Universal Declaration of Human Rights

right to choose their work.

Sex Work as Labour

Implications of UK ATP

Convention on the Protection of the Rights of All Migrant Workers and Members of their Families ILO Convention no. 143: Convention on Migrant Workers

Free Choice of Employment

Representation for Workers in the Sex Industry

Comments

per se

Right to Life, Liberty and Security of the Person & Right to a Fair Trial

Arbitrary arrest, detention or deprivation of liberty

51

ATP and non-sexual forced labour

damages.

Comments

Right to Property

Effects of Raids

Proceeds of Crime Act, 2002.

Comments

The Right to Participation and Access to Information

Human Rights Act (1998),

Input into Services and Policy Development

Lack of Consultation on the ‘Tackling Demand’ Policy Paper

Tackling Demand for Prostitution: A Review (2008). This Policing & Crime Act 2009.

A Coordinated Prostitution Strategy (2006)

Paying the Price (2004) .

Tackling Demand,

Comments

Chapter fourConclusion & future directions

Future Directions

The Policing and Crime Act 2009

Human Rights Act (1998)

The Human Rights Act 1998

right to life;

prohibition of torture;

prohibition of slavery and forced labour;

right to liberty & security;

right to a fair trial;

no punishment without law;

right to respect for private and family life;

freedom of thought, conscience & religion;

freedom of assembly & association;

freedom of expression;

right to marry;

prohibition on discrimination;

protection of property;

right to education and right to free elections.

Appendix AUK Human Rights Obligations

UN Human Rights treaties & conventions

International Labour Organisation agreements

Female Sexual Slavery The Prostitution of Sexuality: The Global Exploitation of Women

Setting the Boundaries: Reforming the law on sex offences

Police Research Series,

Tackling the Demand for Prostitution: A ReviewTackling the Demand for Prostitution: A Review

Global Cities at Work: New Migrant Divisions of Labour

Economic Impact on London and the UK of an Earned Regularisation of Irregular Migrants in the UK

,

Social & Legal

Studies

Sex at the Margins: Migration, Labour Markets and the Rescue Industry

Social & Legal Studies

ProstitutionCollateral Damage: The Impact of Anti-

Threats

Guardian

exaggerated United Kingdom Pentameter 2 Statistics of Victims recovered and Suspects

arrested during the operational phase

Tackling the Demand for Prostitution: A ReviewObserver

Proposals for a UK Action Plan

The Wrong Victim? One Year On: An Analysis of UK

ILPA paper

Notes

The Wrong Victim? One Year On: an analysis of UK

Guardian

Big Brothel: A Survey of the Off-street Sex Industry in London,

The Trade in Human Beings: Human

Guardian,

exaggerated Jacqui Smith on Tackling Demand for Prostitution

Policing and Crime Act 2009 - New Prostitution Provisions

Invitation to Join the Government of Britain: The Conservative Manifesto 2010

Liberal Democrat Manifesto 2010

Sex at the Margins: Migration, Labour Markets and the Rescue Industry,

The Wrong Victim? One Year On: an analysis of

Sex as Crime

Sex at the Margins: Migration, Labour Markets and the Rescue Industry, Zed

The Wrong Victim? One Year On: an analysis of UK

Big Brothel: A Survey of the Off-street Sex Industry in London,

Invitation to Join the Government of Britain: The Conservative Manifesto 2010

Guardian

Guardian

Observer

Measures on Human Rights Around the World,

Setting the Boundaries: Reforming the law on sex offences

Proposals for a UK Action Plan

Consultation on Proposals for a UK Action Plan

Tackling the Demand for Prostitution: A Review Update to the UK Action Plan on Tackling Human

Update to the UK Action Plan on Tackling Human

Policing and Crime Act 2009 - New Prostitution Provisions,

in the UK

ILPA paper

Police Research Series

References

Guardian

Economic Impact on London and the UK of an Earned Regularisation of Irregular Migrants in the UK

Liberal Democrat Manifesto 2010

Social & Legal Studied,

,

Pentameter Facts and Figures

et al Sex as Crime,Jacqui Smith on Tackling Demand for Prostitution

United Kingdom Pentameter 2 Statistics of Victims recovered and Suspects arrested during the operational phase

United Nations Convention Against Transnational Organized Crime and the Protocols thereto

Global Cities at Work: New Migrant Divisions of Labour

Contact:Ava Caradonna