Prostitution covers a wide scope but for the purposes of this study prostitution refers to the exchange of sex for money or reward. Regardless of the fact that prostitution is illegal in South Africa it is stitll widely practiced. Those who practice it suffer immerse violation of human rights. They are shunned and stigmatised. The purpose of this study is to establish whether legalisation of prostitution can better protect the rights of those who are involved in it. It starts by looking at the impact of criminalising prostitution. This it does by looking at the countries that have criminalised it, their reasons for doing so and how that has affected the rights of the prostitutes. It also looks at how international instruments address the issue of prostitution. In an endevour to address the human rights of prostitutes in South Africa, the study looks at how the highest law of the country (the Constitution).