Eliminating Discrimination as the Fulfillment of Human Rights for Prostituted Women in Indonesia

Abstract

This study aims to examine the role of the state in eliminating discrimination as part of fulfilling human rights for prostituted women in Indonesia. Discrimination against this group has continued to increase significantly, with restrictions on their fundamental rights due to their identity. Prostituted women often experience discrimination in femicide, restrictions on health services, and government policies. Despite the ratification of national and international regulations, the implementation of anti-discrimination measures has not been fully optimized. The study utilized a normative juridical method with a statute approach, focusing on an analysis of the 1945 Constitution, Law Number 39 of 1999 on Human Rights, and the international conventions CEDAW and ICCPR. The study evaluates the extent to which these legal frameworks address the protection and rights of prostituted women. The findings highlight a considerable gap between the legal norms and their practical implementation, indicating that existing regulations have not effectively eliminated discrimination. The findings are expected to contribute both theoretically and practically by strengthening legal reform efforts, particularly in relation to the implementation of Law No. 39 of 1999 on Human Rights and Indonesia’s obligations under CEDAW, thereby supporting the development of more inclusive and non-discriminatory legal policies.