Between Law and Stigma: Towards a Human Rights Framework for Sex Work in China

Ruidie Zhang

doi:10.62051/8cr85j75

Authors

Ruidie Zhang

DOI:

https://doi.org/10.62051/8cr85j75

Keywords:

Sex workers; Human rights protection; Decriminalization; Legal governance; Police violence.

Abstract

China's current legal framework--including the Law on the Protection of Rights and Interests of Women, the Law on Public Security Administration Punishments, and the Law on Administrative Punishments—adopts a punitive approach to sex work, systematically violating the fundamental human rights of sex workers. Specifically, sex workers face frequent violence from clients, criminals, and even law enforcement, yet are unable to seek legal protection due to the fear of penalties associated with prostitution. Police often exhibit discriminatory attitudes, engage in violent practices to coerce confessions, and use humiliating enforcement measures. These practices severely compromise sex workers' rights to personal safety, health protection, labour rights, freedom from arbitrary detention, and protection against discrimination. In contrast, countries such as the United States (Nevada), New Zealand and Canada have implemented more human rights-oriented models by legalizing or decriminalizing sex work, effectively reducing stigma, violence, and health risks. China could gradually adopt these international experiences, shifting towards a human rights-centered legal and policy framework.

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