Sex Workers’ Fundamental Rights and Freedoms in the Fight Against Sexual Trafficking

Abstract Governments across the globe face the intricate challenge of combating sexual exploitation and implementing anti-trafficking measures while adequately considering the fundamental rights and freedoms of those who engage in sex work voluntarily (i.e., sex workers). This paper analyses international anti-trafficking obligations and their implementation at the state level in European countries. By employing the implementation gap theory, it explores the factors contributing to disparities in implementation. Furthermore, it examines the drafting processes involved in formulating these obligations to determine whether they considered the rights of sex workers. Ultimately, this paper underscores a critical gap in the international legal framework: while significant efforts are being made to combat human trafficking, there is little to no acknowledgement of the rights and freedoms of sex workers.