Abstract

In South Africa, sex work is fully criminalised, making both the sale and purchase of sex a criminal offence. Under this legal framework, sex workers – one of society’s most marginalised groups – face widespread human rights violations, including violence from clients and law enforcement, as well as restricted access to legal and healthcare services. Punitive laws, shaped by rigid gender norms and social expectations, reinforce their exclusion from constitutional protection. As a result, sex workers remain in a precarious position, unable to assert their rights or improve their socio-economic conditions.
Considering sex workers’ experiences with the law – and based on the observation by the British socio-legal scholar, Jane Scoular, that law is an inseparable dimension of social relations – this article questions whether criminalisation is the solution that is best aligned with constitutional values. The aim is to raise arguments in favour of an interpretation of sex work that goes beyond punishment and retribution.