Criminalising the purchase of sex ‘likely to violate human rights’

The Dáil is set to debate measures to criminalise the purchase of sex as part of the Government’s Criminal Law (Sexual Offences) Bill.

The law is inspired by similar measures implemented in Sweden in 1999, often referred to as the Swedish or Nordic model. The purchase of sex is also illegal in Northern Ireland, where the relevant law is currently subject to a judicial review in the High Court in Belfast.

The 30-page legal opinion was produced by barrister Michael Lynn SC acting on a pro bono basis following a request from the Public Interest Law Alliance (PILA) in October 2015.

Concluding, Mr Lynn writes: “Because of the evidence that the Swedish model places sex workers at greater risk, I am of the view that the proposed legislation is likely to violate the human rights of sex workers.”

Kate McGrew, co-ordinator of SWAI, said: “This expert legal opinion clarifies that Part 4 of the Criminal Law (Sexual Offences) Bill does not decriminalise sex workers.

“The opinion outlines how the measures in the Bill will actually force people to work alone in more isolated areas to avoid arrest, and will increase risk of abuse and violence. The opinion also highlights how this law will impact sex workers’ health and access to justice, particularly acting as a barrier to engaging with Gardaí.”

Catherine Murphy, policy advisor at Amnesty International, added: “Amnesty International has spent three years researching the impact of laws such as those outlined in this Bill.

“We found that measures similar to those proposed by the Irish Government are proving to be ineffective and dangerous for sex workers in other countries.”