CEDAW/C/64/D/67/2014
inactivity; second, the State party de facto denied the applicant access to a court and
declared the complaint inadmissible for unfair reasons. There was also a systematic
reason for this, as misconduct of police officers is rarely brought to court, nor does
it have other notable consequences for the officer. 21
3.8 The author also maintained that the existing obligation of sex workers to
register as prostitutes and to undergo gynaecological examinations and HIV tests,
although couched in gender-neutral terms, affect primarily women, as the vast
majority of persons in sex work are women. There are no similar obligations for
men, for example as clients of sex workers. There is thus indirect discrimination
against women by the mere existence of these laws, and it has detrimental effects
for women in sex work. The author was affected, as the police erroneously
perceived her as a prostitute who should be pressed into this regime of pro stitution
control and as “Austrian jurisprudence tolerated this”. She maintained that her
rights under article 1, in conjunction with articles 2 (f) and (g), of the Convention,
were violated, since the purpose of the undercover investigation against her wa s the
enforcement of the prostitution laws and, therefore, she was directly affected by
these regulations and their implementation. It followed that the author suffered from
discrimination against women caused by discriminatory prostitution laws, in
violation of articles 2 (f) and (g).
3.9 The author refers to paragraph 9 of the Committee’s general comment No. 28
(2010) on the core obligations of States parties to under article 2 of the Convention
and maintains that the State party violated its obligation under article 2 to respect
the equal rights of women through legislation. She also maintains, with reference to
paragraph 36 of general comment No. 28, that the fact that the State party had made
remedies ineffective constituted a violation of article 1, in conjunction with article
2 (e), of the Convention.
3.10 The author noted that the police had admitted that undercover operations, such
as that against her, were routine operations. Thus, as a consequence of the
prostitution laws, women are targeted by unlawful operations if the police suspect
them of illegal prostitution, while their male clients are not. Therefore, women do
not enjoy the equal protection of human rights and the case of the author illustrates
this. She maintained that she had suffered from discrimination against women
caused by unequal protection of women’s and men’s human rights, in violation of
article 3 of the Convention. Such discrimination, which denies women the full
enjoyment of core human rights, constitutes violence against wome n.
3.11 Concerning article 1, in conjunction with article 6, of the Convention, the
discrimination is caused by the reversal of the intention of article 6 through the
prostitution laws. Rather than protecting women against sexual exploitation, the
enforcement of the laws generated new dangers for sexual harassment by the police,
for example forced nudity, as suffered by the author. The legal system did not
provide protection against such mistreatment.
3.12 Concerning article 1, in conjunction with article 12, of the Convention, the
prostitution laws, namely the AIDS Act and the Venereal Diseases Act, impose
__________________
21
8/20
Concluding observations of the Committee against Torture concerning Austria
(CAT/C/AUT/CO/4-5, para. 20); and concluding observations of the Committee on the
Elimination of Racial Discrimination on the combined eighteenth to twentieth periodic reports of
Austria (CERD/C/AUT/CO/18-20, para. 13).
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