Article 8 - General and absolute criminalisation of the purchase of sexual acts as part of a comprehensive legislative framework to combat prostitution and human trafficking
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Article 8 - General and absolute criminalisation of the purchase of sexual acts as part of a comprehensive legislative framework to combat prostitution and human trafficking
Human trafficking - Profiting from the victims' situation of vulnerability, physical and psychological inferiority and need - Exploitation of prostitution and exposure of victims to serious danger to life and bodily harm
State's failure to conduct effective investigations into the murder of a sex-worker and trans woman because of her gender identity and expression – Ineffective investigation into gender-based violence relying on prejudices against the trans community amounts to a violation of the right to freedom of expression
Dissenting / Concurring: Odio Benito, Pazmiño Freire, Vio Grossi
Recruitment and aiding and abetting of prostitution voluntarily and knowingly engaged in a criminal offence – Classifying as criminal offence
The offence of sexual violence is committed in the case of a forced kiss on the lips - Qualification of the kiss on the mouth as a ‘sexual act’ even in the case of mere lip contact - Kissing as an act of erotic value
Usual tolerance and aiding and abetting of prostitution – Classifying as criminal offence even in case of “prostitution voluntarily and knowingly engaged in a criminal offence”
Sexual violence committed even when someone uses violence or threats to force a prostitute to engage in non-consensual sexual intercourse - Irrelevance of the circumstance that the victim engages in prostitution as the right to respect for sexual freedom is independent of personal conditions and qualities
Article 14 (Discrimination) - Ineffective investigation into possible racist motivation for ill-treatment allegedly suffered by Nigerian prostitute
Reducing someone to a ‘condition similar to slavery’ is an offence - Slavery, trafficking in persons and coercion - Prostitution under systematic violence and segregation