Human rights NGOs have come out in support of “full decriminalisation” of sex work, as the government mulls a legal reform on prostitution.  

Led by Reforms Parliamentary Secretary Julia Farrugia, the review of Malta’s prostitution laws is picking up steam. 

With a public consultation having ended last week, the government is expected to present a draft law to Parliament before the end of the year.  

Dr Farrugia has already said that decriminalising prostitution for sex workers will be a key pillar of the reform. However, opinion is split over whether paying for sex should be decriminalised as well.  

In a joint position paper, human rights groups Aditus and Integra both said they supported a full decriminalisation of adult consensual sex work. 

This, they said, should include a refocusing from catch-all offences that criminalise most or all aspects of sex work, towards laws that protect sex worker’s health and safety and that oppose all acts of exploitation and trafficking in commercial sex.

Furthermore, in order to protect the rights of sex workers, the NGOs said it was also necessary to repeal those laws which made the buying of sex from consenting adults or the organisation of sex work (such as prohibitions on renting premises for sex work) a criminal offence. 

The NGOs said that a “full decriminalisation” should be supported by a number of other legal and policy initiatives. 

Malta needed to ensure access to legal protections pertaining to health (including sexual and reproductive health), employment and discrimination. 

Sex workers also needed full and equal protection under the law as well as effective remedies, including for offences involving rape and sexual violence, abuse of authority, assault, extortion and all other crimes.   

Measures to ensure the effective investigation, prosecution and punishment of violence against sex workers needed to be introduced, such as standards of good practice which reflect policing that is consistent with human rights.   
 
Training and monitoring measures for law enforcement officials and health and social service providers, were also paramount.

Finally, the NGOs called for the setting up of an effective anti-trafficking framework, which should include robust legislation, streamlined referral mechanisms, vigorous protection instruments and prompt investigation and prosecution.