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1 Situation of Sex Workers in the Americas [1] (2025)

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                         Situation of Sex Workers  in the Americas

 Report by the Commissioner for   the Rights of Sex Workers  of the General Secretariat of
                        the Organization  of American  States (OAS)

                                        April 2025

Summary
This report is presented to the Secretary General of the OAS. In it, the Commissioner for the Rights
of Sex Workers of the General Secretariat of the OAS, Gloria Careaga-Perez, examines the legal
and sociocultural resources available to sex workers for the guarantee of their human rights. Such
guarantees are essential for full development; however, it is common for those engaged in sex
work to face restrictions on their participation in public life and to experience various forms of
violence and discrimination, often accompanied by hostile rhetoric. The absence of clear legal
protection places them in a vulnerable position, compounded  by stigma and stereotypes that
diminish their safety and access to justice. The report concludes with a set of recommendations to
States for advancing the legal recognition of sex work and the protection of rights.
I. Introduction
    1.  Debates about sex work are controversial and provoke opposing opinions. It is common to
        associate sex work with human trafficking or to confuse the two. Similarly, sex work is
        often automatically equated with sexual exploitation, which does not reflect the realities
        of commercial sex.

    2.  It is important to distinguish between sex work, sexual exploitation, and human trafficking.
       The  Palermo Protocol', in its Annex II, Article 3, is very clear in defining human trafficking
       as: the recruitment, transportation, transfer, harboring or receipt of persons, by means of
       the threat or use of force or other forms of coercion, of abduction, of fraud, of deception,
       of the abuse  of power or of a position of vulnerability or of the giving or receiving of
       payments  or benefits to achieve the consent of a person having control over another
       person, for the purpose of exploitation. In this context, exploitation shall include, at a
       minimum,   the  exploitation of the prostitution of others or other forms  of sexual
       exploitation, forced labor or services, slavery or practices similar to slavery, servitude, or
       the removal of organs.

    3.  It is evident that human trafficking involves coercion, as individuals are forced-through
       threats-to  perform  work  or activities against their will, without the ability to make
       decisions. In cases of trafficking for the purpose of sexual exploitation, individuals are
       pressured, intimidated, and/or lured through deception into entering the sex trade.



 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the
 United Nations Convention against Transnational Organized Crime
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