Danish Family Planning Association’s
position paper on purchase and sale of sexual services
Background:
DFPA works for a world “where the right to personal autonomy is fully respected”, and through our
activities we seek to strengthen “the individual’s possibility to make free and informed choices”. The
technical strength of the Association is sexual and reproductive health and rights, and the rights
perspective is central in our argumentation, also when it comes to sex work1.
Sex work is a complex topic as there are many perspectives, including a broad range of issues which
involves numerous, diverse actors. Moreover, it is far from evident whose and which rights should
prevail, and which terms should be valued. Finally the topic of prostitution lacks contested scientific
documentation. It is therefore difficult to speak with certainty about the prevalence and forms of
prostitution or sex work as well as the consequences for female, male and transgendered sex
workers, clients of sex workers and society.
Four central questions:
1. Do clients of sex workers have the right to purchase sexual services?
2. Do sex workers have the right to sell sexual services?
3. Are sex workers damaged by their work, and are they working under coercion?
4. Is the criminalization of buying and selling sexual services an appropriate way to help weak
or exposed sex workers?
Based on the overall goals and vision of the organization, the Danish Family Planning Association
considers the following in light of the four questions posed above:
Ad 1/ Do clients of sex workers have the right to buy sexual services?
No.
According to international human rights standards, no rights are absolute but must always be
balanced with applicable law and - not least - against the interests of other people’s autonomy and
integrity. Therefore it does not make sense to say that individuals or populations have an absolute
right to sex, nor absolute right to purchase sexual services.
Ad 2/ Do sex workers have the right to sell sexual services?
Yes.
As a starting point the Danish Family Planning Association fights for individual unrestricted rights with responsibility - to make independent and informed sexual and reproductive choices. In this
context, moral-normative views (e.g. that sex work/prostitution is immoral or harmful to society,
1
The Danish Family Planning Association use the term ‘sex worker’ for men, women or transsexuals than in return
for money sell sexual services. The term ‘sex worker’ is a way to come to terms with a human rights perspective,
avoid further stigmatization and has the intention of keeping an open approach to the subject of matter.
Sex & Samfund arbejder nationalt og internationalt med seksuel sundhed, trivsel, rettigheder, ønskebørn og forebyggelse, og vi arbejder for at styrke den enkeltes mulighed
for at træffe frie og informerede valg om seksualitet, prævention og graviditet. Vi er en uafhængig NGO, Danmarks største organisation på området og en del af IPPF International Planned Parenthood Federation. Vores arbejde er støttet af blandt andre staten, fonde og private virksomheder.
that it is a “second class good” or the expression of a warped human and sexuality perception) are
not accorded any weight. From a rights perspective what is essential is the respect for individual
autonomy, fulfillment and integrity, and the State generally permitting its citizens - with
responsibility - to manage their lives as they want, regardless of whether certain types of life and
areas of work involve risks of attrition, sickness and death. The personal freedom and the informed
choice weigh most in this regard.
Ad 3/ Are sex workers damaged by their work, and are they working under coercion?
Not necessarily.
There is no Danish or international evidence on general damaging effects of the selling of sex, and it
seems likely that circumstances related to sex work (e.g. the social context, the existence of
alternative courses of action, the degree of safety, self-determination, courage, respect, etc..)
determine the consequences of the individual sex worker’s experience.
As regards coercion, there is a small group of foreign sex workers in Denmark as a result of
trafficking2. In addition, some street sex workers are selling their services to fund substance abuse.
For both groups it is most likely not an actual voluntary choice but results from different forms of
pressure. The exact number of these people who are selling sex is difficult to determine, but
available data suggests that the number is modest compared to the overall number of sex workers
Ad 4/ Is the criminalization of buying and selling sexual services an appropriate way to help
the weak and exposed sex workers?
Most likely not.
There is no evidence that banning purchase and/or sale of sexual services will significantly decrease
the supply or demand3. In countries where sale of sex is prohibited, sexual services are offered
anyway, and the Swedish and Norwegian experiences with banning purchase of sexual services is far
from evident - some even claim that the sex workers environments in Sweden and Norway are
increasingly uncertain and risky for the sex workers, because they are now forced to move
underground and thus without the possibility for public assistance and protection (see e.g. Skilbrei &
Holmström “Prostitution Policy in the Nordic Region” 2013) .
Moreover, it has not been proved that the prevalence of sex work has declined as a result of banning
purchase of sexual services. Even if one believes that the State, through legislative measures, may
limit well-functioning sex workers’ rights for the sake of their poorer counterparts, it is far from
certain that a ban is the most appropriate way. There is even a real risk that criminalization will
exacerbate weak sex workers’ situations and hamper their possibilities to receive appropriate health
care, including counseling and information as well as testing for - and treatment of - sexually
transmitted infections.
Criminalization may lead to additional general stigma, exclusion and negative treatment of sex
workers.
The position of the Danish Family Planning Association
2
Trafficking is complex phenomenon and we insist on a pragmatic and empirical approach to migrants selling sex.
Trafficking still needs further research on the question on how many inidviduals are selling sex as a result of sexual
slavery, forced labor or commercial sexual exploitation for the trafficker or others.
3
Recently the Norwegian prostitution policy has been under evaluation, but the evaluation report has been
strongly criticised by researchers for its lack of evidens and lack of a profound methodological research strategy
(eg. Tylum 2014)
Sex & Samfund arbejder nationalt og internationalt med seksuel sundhed, trivsel, rettigheder, ønskebørn og forebyggelse, og vi arbejder for at styrke den enkeltes mulighed
for at træffe frie og informerede valg om seksualitet, prævention og graviditet. Vi er en uafhængig NGO, Danmarks største organisation på området og en del af IPPF International Planned Parenthood Federation. Vores arbejde er støttet af blandt andre staten, fonde og private virksomheder.
1. The Danish Family Planning Association recognizes the right of individuals - with responsibility to decide over their own body and sexuality. At the outset, it should therefore be the individual’s
sovereign decision, whether the person wants to sell sexual services.
2. The Danish Family Planning Association recommends that taboo and stigma is countered, for
instance
through
enhanced
research
and
public
awareness-raising
efforts.
It is furthermore recommended that sex workers are actively involved to a higher degree in
discussions about their reality and everyday life.
3. The Danish Family Planning Association recognizes that for some, the selling of sex is not a
choice, as they can be pushed into sex work because of trafficking, social circumstances, or to
maintain an illegal substance abuse. For this reason, there should be actions of political, police
and social order to curb trafficking and to support and protect vulnerable sex workers.
4. The Danish Family Planning Association recommends actions that are multi-pronged and not
moralizing to help and support sex workers - including providing guidance and support for the
sex workers who wish to leave the industry.
5. The Danish Family Planning Association considers it reasonable that sex work is perceived and
treated equally with other legal professions, which includes the possibility of organizing into
unions and membership of an unemployment insurance fund. It should be analyzed how this can
be implemented in practice, taking into account the characteristics of this field of work.
6. The Danish Family Planning Association recognizes that some people’s (including people with
mental or physical disabilities) joy of life increases significantly through the possibility of the
purchase of sexual services. We therefore work for a society that is inclusive and tolerant
towards these people’s desires and needs, as long as this does not happen at the expense of
others.
This position paper was formulated and approved by the board in 2012
as part of a domestic discussion on prostitution and sex workers. Translated June 2014.
Sex & Samfund arbejder nationalt og internationalt med seksuel sundhed, trivsel, rettigheder, ønskebørn og forebyggelse, og vi arbejder for at styrke den enkeltes mulighed
for at træffe frie og informerede valg om seksualitet, prævention og graviditet. Vi er en uafhængig NGO, Danmarks største organisation på området og en del af IPPF International Planned Parenthood Federation. Vores arbejde er støttet af blandt andre staten, fonde og private virksomheder.