Identity Further, it dehumanizes sex workers and denies them the equal right with other persons to recognition as a person worth of equal and full rights in tandem with dignity as availed in article 3 of the Universal Declaration on Human Rights and chapter four of the constitution of Kenya. By criminalizing sex workers, it removes the sex worker from the protection of the law thus infringing the constitutional right for equal protection and equal benefit of the law. Denying such protections legitimizes discrimination, sanctions human rights violations and triggers a chain of abuse and harassment by state and non state actors. Besides the civil and political rights, the criminalization offends the International Covenant on Economic, Social and Cultural Rights which guarantees right of self-determination for all. This convention guarantees that right to freely determine political status and freely pursue social and cultural development and take part in culture life. Compelling sex workers to change into popular morality culture and observance work they don’t desire simply amounts to a blatant disregard of the right to self determination, pursuit of one’s own culture, and infringes the inherent dignity in the human person of the sex worker to choose and pursue their culture. I call it sex work and not prostitution because of the essence in its definition and the historical definitive stigma and derogation associated with the word prostitute. According to Anti slavery International, prostitutes are generally regarded as a social category, as women who do not adhere to sexual and other behavioral norms; pitied or despised, excluded from mainstream society, with their lowly and marginal position analogous to that of a low caste or minority ethnic group. This outcast status denies them whatever international, national or customary protection from abuse that is available to others as citizens, women or workers. This social exclusion renders the prostitute vulnerable to exploitation. The word sex work however redefines commercial sex as an income-generating activity or form of employment not just for women but also and men and transgendered persons. As such it can be considered along with other forms of economic activity. An employment or labor perspective is a ‘Sex is interesting, but necessary, if not sufficient, condition for making sex work a part of the mainstream debate on human, it's not totally women's, and workers' rights at local, national and international level. The marginal position of sex workers in society excludes them from the international, national and customary protection afforded to others important. I mean it's not even as important as citizens, workers or women.
(physically) as excretion. A man can go seventy years without a piece of ass, but he can die in a week without a bowel movement’ Whatever one may think of sex work, the sale by consenting adults of sex for money, per se, should be a Charles Bukowski non event in our legal system. Sex work is a very voluntary sale (or rental) of a labor service. Individuals are sovereign over their own bodies and their own labor services and have the absolute right to decide how those labor services should be used. As long as the sex work transaction is voluntary, there is no justification for governmental interference. What role does the government have to play in the sex work market besides ensuring that all exchanges are truly voluntary? The government should only protect individual rights to property, especially the right not to be coerced. Sex work may be the world's oldest profession, and laws prohibiting it are the oldest example of government regulation and government discrimination based on sex. But in an open and democratic society as ours, based on the constitution of Kenya 2010, as alluded above, laws that criminalize sex work are unconstitutional because they violate the basic rights and liberties of the individuals involved such as privacy, equality, non discrimination and expression among others.
Religious-based arguments asserting the immorality of sex work should be given no legal credence. In a society that separates church and state, no person should lose their freedom because of someone else's religious beliefs. Only those actions that can be demonstrated by empirical evidence, independently of religious dogma, to warrant criminal sanctions should be punished. I appreciate the right wing feminist who argue that sex work is not a conscious and calculated choice but one coerced by money thus money acting as a form of force, not as a measure of consent. That it acts like physical force does in rape. I also appreciate with an equal measure of dignity as one coming from the third world that sometimes persons who become sex workers can do so because they were forced or coerced by a pimp or by human trafficking, or, when it is an independent decision, is generally the result of extreme poverty and lack of opportunity, or of serious underlying problems, such as drug addiction, past trauma (especially child sexual abuse) and other unfortunate circumstances. Page 12