STUDENT NAME – VIVEK KUMAR YADAV SUBJECT NAME - SOCIAL JUSTICE AND EMPOWERMENT ASSIGNMENT TOPIC- LEGISLATION FOR COMMERCIAL SEX WORKER’S Introduction There is a huge debate on legislation for commercial sex workers; the ways in which other forms of law and practice contribute to shaping the working environments of sex workers in different places is less understood. The consequences of the lack of detection of the sex worker as a person before the law in this country are barely discussed. Due to the absence of recognized legal status always restricted to sex workers to get a birth certificate, identity card voter card which is also violation of human rights, or other means that societies create a different mindset to recognize individual legal personality, which make it possible to act that profession of sex work is against the norms and values of the society and make claims in society. It can found easily that the sex worker is deprived of the profit of citizenship even though they are born the country in which they work. We draw particular attention to the failure, in many places, to identify sex workers as persons in the front of law. In the absence of legal rights sex workers are enforceable to claims against office holders, employers, and basic service providers on brothels that, as a consequence, are not held accountable to sex workers. Regulation of commercial sex The basic mechanism for controlling sex work is criminal law, which can make all or some activities
The sex work industry has changed and is changing over the years, similar to controversial issues such as, gay rights and abortion. Hence, there will never be a ‘black and white’ solution due to the distinct views of what prostitution entails versus what the law intends to do about it. Decriminalization is the removal of criminal penalties from an act formerly defined as crime (Weitzer, 2012, P: 49). Prostitution should be decriminalized so the government can regulate public safety and the safety of sex workers. This paper will also, examine how the government can regulate the prostitution business and reinforce the feminist ideology. In effort to best present my arguments this paper will be divided into different paragraphs, whereby each paragraph presents a different argument of why
We say that slavery has vanished from European civilization, but this is not true. Slavery still exists, but now it applies only to women and its name is prostitution The 4th of November 2014 is a day that will be remembered as the most notorious day in the history of the Canadian Justice System. On November 4th 2014, the most controversial prostitution bill “Protection of Community and Endangered Persons Act”, also known as C-36 was passed in the Supreme Court of Canada. According to this law, the ‘sale of sex’ has to be regarded as a legal act. However, the law did not include several other aspects of the prostitution trade. The sale of sexual services between the prostitutes and pimps is still to be categorized as an illegal act. The new law passed by Canada’s legislation is inspired by the “Nordic Model” of prostitution that was initially adopted in 1999 by Sweden. The Nordic Model of Prostitution states that prostitution is not prohibited, but paying for sex is. This model aspires to remove the deep-rooted problem of prostitution from the system, without actually subjecting and targeting the prostitutes, who are themselves often the victims of sex-trafficking. This Paper will argue that despite the fact that C-36 was a smart move taken by the government of Canada in response to SCC’s Criticism, this law might not be the most appropriate approach towards eliminating sex trade off the streets.
Our criminal justice system’s explicit bias against sex workers only compounds the problem” (Keena). Sex workers are given no respect and in cases have their livelihood used against them as a way to further abuse them. This comes from the belief that since sex is their job; their safety and consent do not matter as they are not seen to be doing anything for society. People see these women as products sold to them instead of
Another major consequence of legalizing prostitution becomes apparent when the legitimization of sex markets strengthen the criminal-enterprise of organized pimping (Poulin par. 19). Such bolstering, accompanied by a significant increase in sexual solicitation activities and human trafficking, brings with it the deterioration of these enslaved women (Poulin par. 19). Decriminalizing prostitution presents one of the root causes of sex-trafficking, to the extent that human trafficking promotes the delivery of people into slavery—a crime equally as old as civilization (Raymond par. 9). “Around the world, for those in desperate poverty, the false promise of a better life often draws victims into the control of criminals who then traffic and enslave them” (Bales par. 1). “Many victims of trafficking of persons begin their journey by consenting to be smuggled from one country to another. Because of this, the crimes ‘smuggling’ and ‘trafficking’ are often confused. Smuggling and trafficking both involve moving
Sometimes, the term “sex work” is used, as well as “prostitution”. But whichever term we choose to say, it does not eliminate the stigma attached to it. Cases such as the Bedford V. Canada Case (144) indulges into the conspiracy of sex work and challenges certain sections of the Criminal Code that make business in relation to prostitution illegal. Ideally, a sex worker has a career just as a teacher or lawyer. For this reason, their human rights and dignity should be protected by the Canadian Charter of Rights and Freedoms as are other professions. However, the Charter of Rights and Freedoms as well as the Criminal Code do not seek to protect sex workers, yet, they seek to do otherwise using certain sections of the Criminal Code
Prostitution is one of the world’s oldest professions, and laws prohibiting prostitution may be the oldest examples of government regulation and government (sex) discrimination (Armentano, 1993). Prostitution also may be illegal, but if you look hard enough in the streets, you can see them. Countries have been arguing to make
Policies and laws fail to stop prostitution, and it will not stop. It is more costly to keep prostitution illegal. Prostitutes will be more vulnerable to getting criminal records, which then makes it harder for them in society, to obtain legal jobs. Also, with prostitution being illegal the workers may not be able to protect themselves from crimes against them. As prostitution is not legal, then they have to find discreet places to work, which usually is not in a safe environment. If some kind of crime against them did happen, they may feel that, they aren’t able to go to the police for help, as their work is illegal. It actually makes it harder on the worker, in turn making it harder for the client. There are all sorts of people who turn to prostitutes. From blue collar workers to high executives of companies, business owners and more. With prostitution being illegal, the clients are facing criminal charges as well. This does not only hurt the client, but communities as well. The author believes that people around the world have changed their older views and sexual norms to adapt to a more modern society. Brents, B.A., Jackson, C.A., & Hausbeck, K. (2010) concludes that prostitution is better being legalized than being criminalized (p.233). And with this change, people should reevaluate and learn from Nevada’s policies on prostitution being legal. While the author has shown many reasons why
With no government control or regulation, work-place violence, harassment, and medical care are not monitored or concerned, even though this line of work is the most vulnerable to all three conditions. In fact, nearly seventy-five percent of sex-workers experience work-place violence. For this, “decriminalization could be the best means to protect the rights of sex workers and ensure that these individuals receive adequate medical care, legal assistance, and police protection” (Amnesty International). Along with Amnesty International, one of the most respected human rights organizations in the world, the World Health Organization, UN Women, Global Commission on HIV and the law, the UN Special Rapporteur on the Right to Health, Human Rights Watch, and the Open Society Foundations also support the decriminalization of prostitution in the United States. Criminalizing prostitution will not end prostitution. Instead, the only plausible solution is government regulation. With government support, clients can be tracked through credit cards and any violence or harassment will be able to be reported and taken care of, on a legal level. The sex-work industry also has alarming statistics involving STI’s and STD’s. The men who control the women, or the ‘pimps’, force the women to have oral, vaginal, and anal sex without any kind of contraception, if that is what the client prefers. The Porn Industry,
The issues of decriminalisation and legalization of prostitution is a topic that has caused contention in many countries in recent years. Many governments, including the South Australian government, are being urged to protect the human rights and lives of those who work in the sex industry. The necessity of sex work for the disabled community as well as the workers themselves causes pressure for the change. Opposition is found in the conservative nature of sections of the population as well as their political representatives. There is a divide in the situation occurs when the choice between decriminalisation or legalization of prostitution is made. The difference in the models being used throughout the world, highlight the advantages and disadvantages of both options and how the contribution of opinions and realities of sex workers affects the political outcome.
However if the goal of criminalization is to end prostitution, it is clearly not yielding the desired results. Making the act of selling sex illegal actually causes the sex workers to go further underground, making them more vulnerable to police and poor working conditions. It creates a culture permitting violence against sex workers. In countries such as China, Cambodia and Vietnam where prostitution is also illegal, sex workers are detained in facilities for ‘rehabilitation’ or ‘re-education through labor’. The approach of these facilities is to punish sex workers for engaging in behavior that is regarded as a
The sex industry is highly divided between those who call themselves “sex workers”, and former prostitutes who call themselves “survivors” (Glazer 340). Women should have the right to choose what they do for a living, including prostitution. The criminalization of prostitution does more harm than good when often women are left unprotected, both socially and legally, and therefore, the United States should make efforts to decriminalize and regulate prostitution instead.
Sex trade work is one of the oldest occupations in the world, dating back to the days prior to Christ; and despite its age, it is a prominent part of modern society. This report will be presenting why sex trade work is an issue, how it is overlooked and unaddressed, and what can be done to mitigate the current situation.
This paper discusses the influence of law on sex workers in Australia. In Australia, the direction of prostitution has taken an altogether different course from numerous other countries. Law reform has prompted the opening of new spaces for legitimate sex work, including the (altogether different) administrative regimes set up in two Australian states — Queensland (brothels are legal if the owner is authorized) and New South Wales (most commercial sex organizations and some street prostitution decriminalized; no permitting authorization). The primary research question is: how has regulation affected the positive privileges of sex laborers? This paper contends that “law reform has engaged a mix of neo-liberal and other approaches — not to increase personal or corporate freedom but as part of a
Sexual favours in return for money, just the thought of this has people cringing, although laws have deemed to move forward with the idea of prostitution it seems although socially there has not been much progress. The idea of prostitution still scares, or one could even go as far to say it disgusts people. The lack of knowledge and awareness of the details of sex work create this ongoing hate towards sex work, which continues to stigmatize sex workers. Regardless of changing laws, regardless of changing policies, why is it that sex workers are still afraid to proudly announce that their job is in fact the job of a sex worker? Unfortunately, it seems as though the idea of sex work that seems to be such a terrible one is not what bothers sex workers the most, it is the social misconception of what sex work is like that leads these individuals to feel highly stigmatized (Van der Meulen and Redwood, 2013). The primary harm for of prostitution seems to be the stigma against prostitution, women involved in prostitution are considered socially invisible as full human beings (Farley, 2004). Why is it that our changing and progressing laws are still unable to remove this stigma from the lives of sex workers? This paper will argue that prostitution laws continue to produce stigma around sex work. It will argue this through revisiting the historical laws, examining present laws and ongoing laws at this time.
One of the oldest known jobs in history is Prostitution, otherwise known as the sex labor industry. It is a major part of our society as an illegitimate source of income and employment. The prohibition of Prostitution creates a larger number of issues in society. Before, prostitution was a more individual decision, where countless women picked it as a last resort in emergencies; whereas now these women are coerced into the industry and experience abuse, murder, etc. The involvement and trauma prostitutes experience results in mental disorders. Furthermore, I investigate how the prohibition of prostitution has greater drawbacks on our society and introduce three policies that may help resolve the social issue within sex workers. Some policies I believe will provide the most benefits are first, the legalization of prostitution, second, enforcing and strengthening the law enforcement for human trafficking, and third, development of availability of medical resources.