Article 6

Autor: Schulz Patricia, Halperin-Kaddari Ruth, Rudolf Beate, Freeman Marsha A
Rok vydání: 2022
Zdroj: The UN Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol ISBN: 9780192862815
DOI: 10.1093/law/9780192862815.003.0008
Popis: This chapter describes Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which addresses the obligation of States parties to suppress the trafficking and exploitation of the prostitution of women. The CEDAW Committee frames trafficking as a form of gender-based violence that persists due to States parties’ failure to effectively address its root causes, which lie in sex-based discrimination and the prevailing economic and patriarchal structures as well as the adverse and gender-differentiated impact of labour, migration, and asylum regimes. However, General Recommendation No 38 reflects a tension between such a transformative vision and a narrower approach that views women as victims and the State as protector. General Recommendation No 38 does a particular disservice to sex workers, undermining their rights, denying their agency, and negating the powerful role they can play in the fight against trafficking. Ultimately, the extent to which the Committee has brought cohesiveness and clarity to States parties’ understanding of their obligations under international law to supress the exploitation of prostitution of women is dubious.
Databáze: OpenAIRE