The legal regulation of sex work has become a key issue for many governments in an attempt to tackle the many issues and harms of the industry, many partially or fully decriminalising the industry. Sex work is an intensely complex issue, and even the concept of sex work as a ‘job’ is a contentious issue. Some feminist academics perceive sex work as inherently violent regardless of any regulations and therefore should not be legalised at all. However this in an idealistic notion as inaction and further criminalisation would only exacerbate the existing harms of the sex industry. The next issue to contend with is the partial or full legalisation of sex work, the partial legalisation of sex work, results in a two tiered system of sex work, resulting in higher levels of illegal sex work, as sex workers attempt to avoid the rigorous health testing, identity checks and bureaucratic tape. The only way to ensure all sex workers are working in a safe and autonomous capacity is the full legalisation of sex work. Further sex work should be regulated in a similar manner to other industries, with full transparency and accountability in order to prevent moral bias and social control models from taking hold. The New Zealand licensing regulations and Australia’s own state laws are good examples of advancements towards the ideal, whilst international comparisons such as Sweden or the U.S. exemplify the negative impacts of partial decriminalisation and social control. While sex work
In “The Laws That Sex Workers Really Want,” Toni Mac discusses the reality of legalization in regards to sex work and their effects. Mac’s purpose is to show the audience the four legal models that are being used around the world and demonstrate why they don’t work. Then, explain the model that sex workers themselves think would work best, decriminalization (“The Laws”). She shares her own stories and experiences to help make her argument and to add to the effectiveness of her use of the rhetorical strategies. She uses all three of them, at least to some extent, but with a heavier focus on pathos and ethos over logos.
Bill C-36: Protection of Communities and Exploited Persons Act is a response to the December, 2013 Supreme Court decision in Attorney General of Canada vs. Bedford. The Act was introduced in the House of Commons on June 4th, 2013 and passed in the House of Commons on October 6, 2014 by a 156-124 vote. It will now be considered in the Senate. Bill C-36 attempts to take the Nordic model approach, penalizing paying for sex while decriminalizing the sale of sex. This paper will present a review of Bill C-36, the importance of decriminalizing prostitution and insight into the ways that I intend to influence it as a social worker.
In a decade that will be surely known as one of grand feminist success it seems worthwhile mentioning that prostitution is a new feminist issue. According to “Women Have the Rights” many sex workers and feminist activists see the decriminalization of prostitution as a human rights initiative for women to regain control over their bodies. These third wave feminists find sex an issue that should be more widely discussed. Large leaps in pornography such as female filmmakers and feminist porn stars point to an ideal that consensual sex work is just another fore front in the battle for gender equality. Legalization of prostitution leads to more government oversight requiring
In this book, editors Gillian Abel, Lisa Fitzgerald, Catherine Healy, and Aline Taylor recount the various ways that New Zealand decriminalized all sectors of sex work. It provides first-hand views and experiences of this policy from those involved in the sex industry, as well as people involved in developing, implementing, researching and reviewing the policies. By evaluating New Zealand’s framework of decriminalization, and by extension the Prostitution Reform Act, these editors provide a complete picture of radical legal reform in an area of current policy debate that can later be reference by policy makers and activists.
Abstract: This paper explores the world’s oldest and most controversial occupation and puts forth a foundational plan for legalizing and regulating sex work in a safe way that satisfies both radical and liberal feminists ideals. To understand how prostitution has evolved to where it’s at today, this proposal travels through the history of prostitution in the United States (heavily focusing on the twentieth century.) Prostitutes were initially accepted and openly sought after. A shift in societal norms and values placed sex work in a heavy degradation. The regulation of prostitution in Nevada began in 1970 and resulted in the first licensed brothel in 1971. Fast forward nearly fifty years and prostitution is outlawed in 49 out of 50 states. Vast amounts of money are being spent annually in failed attempts to stop prostitution all together. Radical feminists are those who would identify as conservative. They are against prostitution on the belief that it victimizes and degrades women in poverty. Liberal feminists strongly agree that the government has no place in a women’s body and that the right to perform sex work is human right. This paper analyzes these different perspectives and incorporates a model that will resemble the current working regulation in Nevada. Stricter stipulations such as health requirements and the legal age should help influence radical feminist to expand their perspective and acceptance.
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
The author describes the impending the decision of the Supreme Court of Canada on whether current Canadian prostitution laws are putting female sex workers at risk for violence and murder. These laws can change the ability to do sex work in Canada, as prostitution itself is not illegal but the Supreme Court may direct certain bans if voted in. This paper reveals the laws are mainly aimed to protect women against harm since a year before Robert Pickton murdered many female sex workers in British Columbia. Then Fine’s paper address policies about sex workers and if it is helping or violating workers rights. Fine’s article includes a diverse array of perspective on this issue, as he presents that there isn’t a clear resolution when it comes to
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,
People may not believe that there is a positive outcome of prostitution when first thought of. In fact, there are multiple ways that prostitution can benefit the sex workers, society, and even the economy. A quantitative and qualitative study was made by Lutnik and Cohan in San Francisco on prostitutes in the area. Although the sex workers that were interviewed are not part of the Canadian society, the United States is also part of the Western Civilization and the results reflect those of Canada as well. In the study, women spoke about the beneficial factors of having “police protection, the ability to build community with other sex worker, and obtaining rights as workers” upon the legalization of prostitution (Lutnik and Cohan, 2009: 41). Overall, the prostitutes that were surveyed preferred the “removal of statutes that criminalize sex work in order to facilitate a social and political environment where they had legal rights and could seek help when they are victims of violence.” (Lutnik and Cohan, 2009: 39). This research provides evidence that majority of people in the sex worker industry would like to feel safer as they are working as every person is entitles to feel safe when they go to work. Considering the health of the sex workers, a study was presented at the International AIDS Conference in Australia which showed results of the transmittal of HIV/AIDS among sex workers would decrease by 33-46% if prostitution is either legalized, or at least decriminalized (Listland, 2014). Another factor that is considered regarding sex workers and the legalization is the diminishing of violence and sex crimes. In the same research study conducted by Lutnik and Cohan, it was found that 91% of prostitutes desired laws that protected their rights in specific, and they also wanted more police protection, create safe houses, and would be safest under a regulated system (Lutnik and Cohan, 2009: 41, 43). Lastly, a
Australian Sex Workers Association argued that the Bill only obstructs the implementation of health promotion initiatives and is contrary to the objectives of the Australian Government’s National Strategies on HIV and Sexually Transmissible Infections. Moreover, the fact that running Brothels in WA is banned completely has created some challenges to the society and the government itself (Kim, 2015).
Lewchuk, commences by presenting the challenging of the constitutionality of Canada’s adult prostitution offences the Downtown East Side Sex Workers United Against Violence Society (SWUAV), and Sheryl Kiselbach have been proponing. She continues by supporting that decriminalizing prostitution will indeed improve the lives of sex workers lives. This, in turn, will not necessarily will improve the equality of all women. We see the author comment that the decriminalization will make it difficult for business women to be included in networking settings than it already is. She notes “the social conditions leading women to become involve in sex work include ‘poverty, homelessness, violence, addictions, and colonization’” Pivot Legal Society aim solve
After Germany and New Zealand legalized sex work, violence against sex workers decreased, while workers’
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.
The legal definition of prostitution has recently expanded in many Australian jurisdictions to encompass voyeuristic practices as well as non-monetary exchanges. Prostitution laws now make inclusions for massage parlours, phone sex and computer sex. Sullivan’s study into the politics of the sex industry in Australia since 1945, found that due to the shifts in sexual culture there have been discursive changes in society’s’ view of what constitutes as prostitution and what signifies as deviant sexual behaviour. Post war culture accentuated sexuality as the source of individual uniqueness, later progressing into the ideals of equality and mutuality between the sexes thus producing our sexual culture, as we know it today.
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.