Fresh calls for decriminalisation of sex work

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By Teboho Moloi

QwaQwa – Non-profit organisation Tholwana E Molemo, which advocates for the rights of sex workers in the Thabo Mofutsanyana district, asserts that legalising sex work in South Africa would benefit both the government and society.

The organisation argues that legalisation would address many of the challenges faced by sex workers while ensuring their human rights are protected.

Josephine Masiu, a social worker with Tholwana E Molemo, explained that if sex work were legalised, the government could implement laws and regulations to govern the industry. This, she said, would enhance the protection of sex workers, safeguard their human rights, eliminate harmful stigmas, and foster greater understanding within communities and families. Legalisation would also create opportunities for structured emotional support.

Masiu emphasized that decriminalizing sex work would allow sex workers to access public services without fear of discrimination.

She addressed concerns that legalizing sex work might encourage underage prostitution, arguing that the law currently allows 12-year-old girls to obtain abortions but does not extend legal protection to consenting adult sex workers.

“This means the government acknowledges that a child of 12 can engage in sexual activity and even terminate a pregnancy if they wish. Yet, an adult who engages in consensual sex work has no legal protection. There is a clear inconsistency in how rights are applied,” Masiu said.

Tholwana e Molemo activist Josephine Masiu.

She warned that keeping sex work illegal while permitting underage abortions presents a greater health risk. “Allowing children to terminate pregnancies at such a young age is far more dangerous than permitting consenting adults to engage in regulated sex work,” she added.

According to research conducted by Tholwana E Molemo, factors driving individuals into sex work include peer pressure, poverty, lack of emotional support, domestic violence, and financial desperation. Many see it as a quick way to earn money.

Lineo Ntsekhe, a nurse working with the organization, highlighted the significant health risks sex workers face. “Sex workers are three times more likely to contract sexually transmitted infections compared to individuals outside the trade,” Ntsekhe said.

She also stressed the importance of consistent condom use and educating sex workers on negotiating condom use with clients.

“Many of their clients know their own health status but refuse to use protection. Since sex workers have financial power in these transactions, we teach them condom negotiation skills to protect themselves,” she explained.

In South Africa, estimates suggest there are between 131,000 and 182,000 sex workers, accounting for approximately 0.76 percent to 1 percent of the adult female population.

In the Free State province, the Thabo Mofutsanyana district has been identified as having a notable presence of sex workers, particularly in towns like Bethlehem and Harrismith. The prevalence is attributed to factors such as major transportation routes and local economic activities.

These statistics highlight the urgency of addressing the challenges faced by sex workers in this region and the potential benefits of legalization in ensuring their safety and well-being.

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