Decriminalising sex work needs clarity

The world’s oldest profession has always been a taboo subject in Thai society, even in our politics so it was encouraging to see at least five political parties — the Pheu Thai Party, the People’s Party, the Movement Party, the Thai Sang Thai Party, and the Democrat Party — agree that the current Prevention and Suppression of Prostitution Act B.E. 2539 (1996) needs to be repealed.

- Poramet Tangsathaporn

(CHANAT KATANYU)

Their reasons are valid.

This law is unrealistic and counterproductive. Despite the scale of the sex industry in Thailand, sex work remains criminalised under the Prevention and Suppression of Prostitution Act 1996.

Make no mistake: Policymakers and politicians have long had a goal — albeit a distant one — of decriminalising prostitution. In October 2023, sex work was classified as a “regulatory offence”, a move framed as a pretext to promote decriminalisation.

This term means sex workers breach government regulations rather than traditional criminal law, which is often focused on public safety or administration rather than moral wrongdoing.

Under the new regulation, only officials from the Ministry of Social Development and Human Security can impose fines.

In reality, this legal concept has not led to meaningful change.

Sex workers are often exploited by officials through extortion and bribes, as the legal status of the job remains grey. Issues of unfair pay, overwork, and abuse by both employers and clients have often gone unaddressed.

A law that has been used for three decades clearly needs updating. It does not reflect the reality of Thailand, where sex workers are part of the economy. Their services are linked to tourism, which brings revenue into the country.

In the upcoming national election, these five parties have included policies aimed at improving the lives and legal status of sex workers in Thailand.

The Pheu Thai Party promises to enable sex workers to access social welfare under labour laws.

The People’s Party promises to decriminalise sex workers and improve their rights. The party also pledges to push for an AntiDiscrimination Bill.