Informal prostitution in Peru: A legal analysis of the protection of sex workers; [Prostitution informelle au Pérou: une analyse juridique de la protection des travailleuses du sexe]

Fernández Pacheco Y.; Giménez López B.C.; Gómez Matta Y.C. · Revista Latinoamericana de Derecho Social (2025) · DOI: 10.22201/iij.24487899e.2025.41.19706

Resumen

This study analyzes the perception of lawyers in the Ica region, Peru, regarding the feasibility of a law regulating sex work, with a focus on gender differences. Through surveys conducted with 110 criminal lawyers (55 men and 55 women), the level of consensus on implementing a legal framework to guarantee the labor rights of sex workers was evaluated. The results show a predominantly favorable perception, regardless of gender, toward regulating sex work. The Student's t-test, with a 95 % confidence level, revealed that both male and female lawyers recognize the need for a legal framework to protect these workers, ensuring safer working conditions and reducing their vulnerability to exploitation. The study contextualizes these findings within the Peruvian legal framework, highlighting the absence of specific regulations on sex work and the lack of access to labor rights and social protection. At the international level, successful regulatory models, such as New Zealand's, are reviewed, demonstrating improvements in the safety and well-being of sex workers following their implementation. From a gender perspective, previous research suggests that female lawyers tend to show greater empathy toward protecting sex workers due to their awareness of gender issues and social inequality. However, this study found no significant gender differences, suggesting that the favorable perception of regulation may be influenced more by legal and social factors than by gender. Furthermore, the study emphasizes that implementing legislation in this area requires not only a legal framework but also public support and awareness to reduce the stigma associated with sex work. Regularization would allow sex workers to access fundamental rights, such as social security and decent working conditions, contributing to their integration into the formal economy. In conclusion, the research reveals a consensus among lawyers in Ica regarding the feasibility of a law protecting sex workers, reflecting a shift in professional perception toward a human rights and social justice-based approach. These findings could serve as a foundation for future legislative initiatives promoting the formalization and protection of this historically marginalized labor sector.

Instituciones: Universidad Tecnológica del Perú