CEDAW/C/64/D/67/2014
different standards for women and men with respect to sexual health. These laws
make women, in particular sex workers, solely responsible for sexually transmitted
infections, although there is no scientific basis for this, while there are no similar
regulations addressing men, in particular clients of sex workers. As a consequence,
the author became subject to an unlawful police operation to enforce thes e laws. She
suffered from discrimination against women caused by unequal legal approaches for
women’s and men’s health, in violation of article 12.
3.13 Concerning article 1, in conjunction with article 13 (c), of the Convention, the
prostitution laws cause the police to assess the leisure activities of men and women
differently as soon as there is a sexual connotation. As a result of gender
stereotypes, the unconventional sex life of the author gave rise to a suspicion of
illegal prostitution, and the police used unlawful means to interfere. There are no
undercover investigations by the police to uncover men suspected of seeking
contacts with sex workers. It followed that the author suffered from discrimination
against women resulting from gender stereotypes about sex life, in violation of
article 13 (c) of the Convention.
State party’s observations on admissibility
4.1 On 18 April 2014, the State party submitted that, in the course of routine
investigations, on 29 January 2007, officers of the Lower Austrian Criminal
Investigation Department investigating trafficking in persons came across an
advertisement by the author on an Austrian Internet-based contact forum. It was
clear beyond doubt from the text of the advertisement that she was offering sexua l
acts to men against payment, referred to by her as “TG” (Taschengeld, or “pocket
money”). An officer of the Investigation Department subsequently contacted her as
an “interested client” using an undercover e-mail address, and on 29 January 2007
the author sent him an e-mail offering sexual acts against payment. During further
contacts on the telephone and by e-mail, the author (and her husband) gave him her
telephone number and address and transmitted photographs depicting her naked, in
underwear or having sexual intercourse with various partners. On 19 February 2007,
officers of the Investigation Department came to the address given by the author;
one of them rang the bell at 8 p.m. as the expected client, while the others were
waiting nearby. The author ’s husband opened the door and let the presumed client
into the house. The author was already waiting for him — in underwear — in the
living room. After they agreed on the terms of payment, the presumed client
disclosed his identity, telling her that he was a police officer, and showed his police
identification card. In response to his question, the author said that she neither had a
so-called control card for persons working as a prostitute nor had she notified her
local community of her activities as a prostitute. After the author brought in her
husband, the officer also brought his colleagues into the house. Since the author
refused to accompany them to the police station for interrogation, a transcript of her
statements was made on the spot.
4.2 The State party noted that the author maintained in her communication that she
had been induced by the officers on 19 February 2007 to make a confession and that
the officers had not permitted her to dress, thus exposing her to “forced nakedness”.
In the transcript of her statement of 19 February 2007, signed by the author, there is
no indication in that respect. The author did not raise these issues in her subsequent
e-mail to the Investigation Department on 20 February 2007. Nor did she expressly
challenge the statement of facts by the Independent Administrative Panel of Lower
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