Analysis of Current Legal Frame in North Macedonia Regarding Sex Workers’ Digital Rights and Security

This analysis has the purpose of initiating a discussion regarding the human rights of marginalized communities, primarily sex workers, in the digital space, with particular emphasis on digital rights and digital security.

The sphere of digital rights is an entirely new field of work in North Macedonia, which, like all other fields, has its own peculiarities that need to be properly understood, in order to map potential violations of rights of marginalized groups such as sex workers. Digital safety for the purposes of this analysis encompasses the safety of individuals, i.e. sex workers who work online, which
includes the safety of personal data and freedom from any form of violence that may occur online, but also in person (physical) violence that has started, is organized or is motivated by an online event.

The focus of the analysis is mapping of situations in which violations of rights and inequalities in the digital sphere do occur, analysis of the international standards and the national legal framework and its adequacy in terms of protection and promotion of digital rights and digital safety of sex workers.

The analysis is conducted in conditions in which, in general, digital rights and digitization remain an underdeveloped area in North Macedonia. Understanding the impact of digitization on sex workers’ rights and other marginalized communities is also insufficienly explored. In addition, a key fact that is taken into account in the analysis is that sex work in North Macedonia is neither decriminalized nor legalized, i.e. there is no legal framework that regulates sex work as work. On the contrary, sex work is criminalized in North Macedonia. The analysis also covers the topics of gender equality and gender-based violence online, hate speech and freedom of expression online, decriminalization of sex work, labor rights in the digital sphere (rights of workers on platforms), the right to privacy online, protection of personal data and other related topics. In a broader context, the analysis aims to uncover how the stigma pertaining to sex work and the lack of a
legal framework for decriminalization negatively affect the digital rights and digital security of sex workers in North Macedonia.

The issue of this publication is within the frames of the project “Sex workers’ resilience in the digital age” aiming to strengthen the organizational and sex workers’ capacity to respond to digital threats, with financial support from the Hivos Foundation through the Digital Defenders Partnership (DDP) grant mechanism.

The views and content expressed in this publication are the sole liability of its authors and publisher.

Author of the analysis: Dragana Drndarevska, MA

The research report is available in Macedonian and English and can be read/downloaded in its entirety at the following links:

MK version: Анализа на правната рамка во Република Северна Македонија во однос на дигиталната безбедност и дигиталните права на сексуалните работници

ENG version: Analysis of Current Legal Frame in North Macedonia Regarding Sex Workers’ Digital Rights and Security