In enacting and implementing national legislation, we advocate that states consider the ecosystem of national laws, policies, and actors interacting with each other that impact sexual exploitation.
Ending sexual exploitation requires a comprehensive human rights and gender equality-based approach, which takes into account that vulnerability arises from systemic inequality and seeks to address it.
Sexual exploitation can often mean that people are caught in cycles of sexual violence and assault. It is critical to implement legal safeguards for those who are exploited, ensuring they are protected from harm and are never criminalized.
Laws and policies must aim to achieve substantive equality by:
Taken collectively, these policies function to significantly reduce one’s vulnerability to being groomed, trafficked, or otherwise sexually exploited, including commercially, to meet one’s basic needs.
In addition to reducing vulnerabilities, there must be accountability for those who would sexually harass, abuse, assault, or exploit. The #MeToo movement is a particularly potent example of the global call for accountability around issues of violence against women. Among the legislative approaches to increase accountability are laws that require positive sexual consent (meaning sex must be voluntary) and penalize those who would use their position of power – including socio-economic power – to obtain sex acts, whether it be in exchange for a promotion or money.
Recognizing that sexual exploitation may nevertheless occur, particularly among women and girls experiencing vulnerability and people from discriminated-against groups who may be in situations of heightened vulnerability, support must always be freely accessible and independent of their immigration status.
International human rights law protects a person’s right to be free from exploitation. These treaties and standards include:
By ratifying international human rights treaties, States commit to enacting and implementing national legislation compatible with their treaty obligations and duties. To fulfill their human rights obligations, States must take positive action to enable people to realize those rights.
