GENEVA - The Committee on the Elimination of Discrimination against Women (CEDAW Committee) has reaffirmed its unequivocal position that States must protect girls from all forms of exploitation, abuse and harmful practices, stressing that the protection of victims and survivors of exploitation, particularly girls, remains central to its mandate.
The Committee stated that references to "sex work" in its observations issued after reviewing the Kingdom of the Netherlands reflected the national legal context under examination and did not signal any change in its longstanding position on prostitution and sexual exploitation. To clarify its position, the Committee today published the following statement:
"The Committee on the Elimination of Discrimination against Women has issued a corrigendum to correct an inaccuracy in its concluding observations on the Kingdom of the Netherlands concerning references to minors and girls.
The Committee firmly reiterates its unequivocal position on the protection of the rights of the girl. States parties are under a clear obligation to protect girls from all forms of exploitation, abuse, and harmful practices. The Committee reaffirms that its categorical insistence of the protection of victims and survivors of exploitation, particularly girls, remains central to its mandate.
In this regard, and in accordance with article 6 of the Convention on the Elimination of All Forms of Discrimination against Women, the Committee reiterates that all forms of exploitation of prostitution are incompatible with the human rights of women and girls. The Committee remains consistent in its call for the strengthening of the protection of girls and women from all forms of trafficking.
The Committee further underscores that references to "sex work" in its work must not be interpreted as endorsement or promotion of the sex industry. Such references are country-specific and relate to situations where this activity is recognized under the legal frameworks of the States parties under review. They reflect a comprehensive, human rights-based approach aimed at safeguarding the dignity, protection, and access to justice of women, including those who under the relevant legal framework are considered and/or self-identify as sex workers.
The Committee recognizes the importance of consistency and coherence. In this regard, it also recalls that CEDAW, like all other human rights treaties, is a living document and should be interpreted contextually. Thus, in Judge v. Canada (para. 10.3), the UN Human Rights Committee was of the view that the ICCPR "should be interpreted as a living instrument and the rights protected under it should be applied in context and in the light of present-day conditions."
The Committee remains committed to maintaining open, constructive, and respectful dialogue with all stakeholders, reflecting its continued engagement in a manner consistent with established human rights principles."
