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It is illegal to buy or sell sex in South Africa. But this may soon be a thing of the past if a recently published draft bill to decriminalize sex work is passed. Researchers and activists Marlise Richter and Monique Huysamen set out what's in the new law, what's good about it and what still needs work.

What's envisaged under the proposed new law?

If the is passed, South Africa will become only the second country in the world to fully decriminalize sex work. It would no longer be illegal to buy or sell sex. New Zealand is the only other country where this is the position.

The draft law proposes the removal of the criminalization of buying and selling of sex. It also proposes to clear the criminal records of those who have been prosecuted for buying or selling sex.

Predictably, various groups have pushed back against the bill, mostly on moral grounds. Opponents of the bill recommend that either:

• the current law that fully criminalizes all aspects of sex work remains in place; or

• that sex workers are decriminalized but that clients remain criminalized.

This last idea is drawn from what's called the "Nordic model"—an approach followed by , including Sweden.

Why is full decriminalization in South Africa so important?

Women in South Africa face very high levels of gender-based violence. Female sex workers are even more exposed than other women. A recent showed that 70% of female sex workers had experienced violence in the past year. More than half had been raped by intimate partners, police, clients or other men. in the sex work context.

Another argument for decriminalization relates to health. HIV prevalence of between has been documented among female sex workers across different areas of South Africa in the last decade. This is extremely high when compared to the country's .

Sex workers are infection because of the many dangers associated with sex work in a criminalized context. Sex workers typically have many sexual partners. Their working conditions are precarious and unsafe. And the unequal power relationship between sex worker and client makes it very hard to consistently negotiate safer sex.

The social stigma attached to sex work also means that some healthcare providers hold . These views can drive sex workers away from health services, including HIV prevention, treatment and support.

The repeal of would have a far-reaching, positive impact on and therefore also public health.

If sex work was not a crime, clients wouldn't have the power to abuse sex workers. Sex workers would be able to regularly negotiate safe sex. Police would have to take their complaints seriously. Sex workers would also feel more confident to report discrimination and disrespectful healthcare workers.

Under decriminalization, sex work would be recognized as work. Occupational health and safety and fair labor principles would apply. Decriminalization is particularly important for the dignity of poor black sex workers from working class backgrounds, who currently associated with the criminalisation of sex work.

What is the Nordic model?

The is a legal framework adopted by several Nordic countries, including Sweden and Norway.

According to this approach, selling sex should be decriminalized, but buying sex remains a crime.

The model that criminalizing the clients of sex workers would dissuade people from buying sexual services, and thus end the demand for sex work.

Research in countries that have adopted this shows that it . Evidence also shows that criminalization of clients is .

If buying sex is illegal, sex workers have less time and clients can put pressure on sex workers to agree to risky transactions in compromising situations.

South Africans have had painful lessons about why the state has . The apartheid-era state prohibited sex across "color" and "same-sex" configurations which South Africa subsequently strongly rejected under democracy. Yet this same law still survives for adult, consensual sex work.

Why arguments against criminalizing clients should be resisted

Our research shows that while most of the are men, they are a diverse group from all walks of life. Some are towards sex workers. But many are not. Some sex workers report having .

In our research, very few men self-reported perpetrating violence against sex workers. Most actively distanced themselves from the violence associated with men who pay for sex, making it clear that they .

Based on our research and that of others, we that the decriminalization of clients would have positive spin-offs.

First, recruiting clients who have been identified by sex workers as non-violent and respectful as peer educators could instill and reinforce positive norms among clients.

Second, clients are well placed to serve as when they notice human rights violations such as human trafficking or child exploitation in the sex industry.

Third, clients can be key to reducing HIV transmission. Scaling up antiretroviral therapy among clients of sex workers would avert almost in South Africa over the next decade.

The Nordic model is flawed and demonizes clients. Putting sex work clients in jail punishes them for buying a service. This is ultimately bad for everyone's health.

The draft bill should be passed as it is and as quickly as possible.

It will make sex work less risky and dangerous, and our society safer.

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