UPR 44 Canada Submission - Canadian Alliance for Sex Work Law Reform, Action Canada for Sexual Health and Rights, and the SRI
During its 2018 UPR, Canada received numerous recommendations on gender equality, women’s rights, and the human rights of Indigenous peoples, Black people, and 2SLGBTQ+ people. Most sex workers are women, and many identify as migrant, racialized, Indigenous or 2SLGBTQ+. The criminalization of sex work comes with a constant police presence, social and racial profiling, harassment, surveillance, arrest, detention, and deportation — all of which contribute to sex workers’ isolation and vulnerability to violence. Some members of our communities face additional police harassment, particularly Indigenous women and youth, people who are im/migrants (especially racialized women), and trans people (especially trans women). The criminalization of the sale or exchange of sexual services gravely exacerbates sex workers’ stigmatization and marginalization. Protecting the rights of sex workers is imperative to Canada’s response to the UPR review and to upholding their human rights.
The criminalization of sex work in Canada through the Protection of Communities and Exploited Persons Act (PCEPA) is a profound violation of sex workers’ human rights including the rights to life, health, autonomy, non-discrimination, self-determination, privacy, freedom of association, to be free from violence, labour protections and access to justice. Indigenous women who sell or trade sex, racialized, Asian, and Black sex workers, migrant sex workers, trans sex workers, and sex workers who use drugs are disproportionately deprived of these rights. Our recommendations for actions and law and policy reforms need to be taken up by the Canadian Government to respect and fulfill the human rights of sex workers. These include (but are not limited to) the removal of all criminal provisions that criminalize sex workers, clients and third parties, as well as the removal of immigration regulations that prohibit migrants from working in the sex industry.
Decriminalization is part of a holistic response that must also be accompanied by other measures that address economic, social, colonial, and historical oppression of women, trans persons, and Indigenous, racialized, and migrant communities.
We regret that Canada did not receive any recommendations specifically on the rights of sex workers.