New legislation criminalizing sex work in Kazakhstan is cause for concern

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In recent years, global trends in sex work legislation have been mixed, with many countries maintaining or expanding punitive approaches despite growing advocacy for decriminalization. Some governments, particularly in Eastern Europe, Central Asia, and parts of Africa, have intensified crackdowns on sex work under the guise of public health or anti-trafficking efforts, often increasing surveillance, fines, and police harassment. At the same time, there has been a notable rise in grassroots and international human rights advocacy pushing for the decriminalization of sex work, citing its potential to reduce violence, improve health outcomes, and uphold the rights of sex workers. However, progress has been uneven, and the global policy environment remains largely hostile, with only a few countries, such as New Zealand and parts of Australia, adopting fully decriminalized models.

Like many countries in the region, Kazakhstan has intensified enforcement measures under the banner of public order and anti-trafficking. Last year, President Kassym-Jomart Tokayev signed Law No. 110-VIII on Countering Human Trafficking. Upon taking effect in September 2024, this law redefined the parameters of sexual services in the context of anti-trafficking efforts, which has raised concern among public health and human rights experts due to its potential consequences for those engaged in sex work. By broadly defining potential victims of human trafficking to include individuals in vulnerable positions due to socioeconomic factors, such as homelessness or unemployment, this legislation conflates sex work with trafficking and assumes that all individuals engaged in sex work are coerced. While the stated objectives—protecting women and children from exploitation—may be well-intentioned, the practical implications of this legislation may disproportionately harm women who engage in sex work, violating their fundamental human rights and undermining their health and safety.

Read the full perspective, published in Health and Human Rights, here.

 

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