The Role Of Prostitution In Germany And Canada

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.

As part of McGill’s Community Engagement Day, I went on a walking tour of Montréal’s historical Red Light District presented by Karen Herland, professor and specialist in the history of prostitution. Her historical analysis (personal communication, October 2, 2015) of the neighbourhood gave great insights on morality and legislation issues regarding sex work, specifically about the relationship between authorities and prostitution as well as some of the impacts that these laws and other attitudes that regulate sex work have on women. Her astute reports lead us to the following proposition: the dynamics between authorities and sex work indicates that under the guise of “morality”, the laws in place and their application did not actually oppose sex work, they rather worked to limit women’s emancipation.

In society, things are not as they seem at times. The criminal justice system was created to help deter crime and to punish those who break the law. Laws are put in place to be fair to all citizens. Your economic situation, gender, race should not become a factor for you to be given “due process”. Years have come and gone and the crime rates increases and decreases with the years. There have been many senseless killings and everyone has their point of view as to the causes. The focal point of this report will be the findings from the readings of, “The rich get richer and the poor get prison by Jeffery Reimer and Paul Livingston”. I will discuss the causes of the rise and fall of the many different types of crimes ; why the rise and fall of crime rates; what contribution has the criminal justice and or police system has contributed whether positive or negative; and lastly discuss which economic group ends up in prison and why.

Prostitutes exist in our society and are destined to remain the profession exists on every continent per diverse societal and politically aware prominences. A prostitute is an individual which offers sexual favors in exchange for money, prostitutes are typically thought of as women; however, men also has a place in prostitution and it’s in high demand. In the profession of prostitution there are no taxes to be paid, or retirement funds to collect, yet, prostitution is not unlawful in Canada. The young generation in Canada looks at this as a possible “career opportunities,” which puts the title of “prostitutes” in an unclear locus in relations to being a profession or a career. It is lawful to vend sexual favors, but it is unlawful to buy these

Canadian prostitution, the practice of exchanging money for sexual services” (Shaver, 2011) originally started in the 1800’s, and has never been an illegal act Canada. However, the dangers of the job, and safety risks these women are exposed to have always been prevalent on Canadian streets. The most common form of prostitution when the trade was established was off street prostitution. This can be defined as, “Prostitution that is issued out of escort agencies, massage parlours, private residences, brothels, bars, clubs, trick pads and bathhouses” (“Fact Sheet,” n.d.). [Correct Citation?]This industry thrived for decades with little no to police presence as the newly created transcontinental railways transported large masses of single men to the west coast. However, in 1890, new legal constrains, which were now enforced, made operating brothers a challenge and forced street prostitution to become more common, “street prostitution is a form of prostitution in which a sex worker solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as parks, benches, etc. The street prostitute is often dressed in a provocative manner.” (Shaver, 2011). When the number of women working the streets increased, the safety level decreased. In order to expand one’s knowledge on the dangers of female street prostitution, one must fully comprehend the differences between the two forms of

Canada is a nation renown as a liberal-leaning, forward nation; promoting the advancement of women in all parts of the world. However, it is a nation guilty of punishing women for the circumstances in which they find themselves with laws showing an antiquated view on the issue of prostitution—one that prosecutes sex workers instead of those who take advantage of women’s situations and buy sexual services. BY examining the origins of current-day laws concerning prostitution in Canada and looking at European legislation as well as its successes and failures made it is possible to find a middle ground that will suit Canada should it ever decide to change its laws concerning prostitution.

Decreasing violence and promoting safety is one of the many positive outcomes from legalizing prostitution. Engaging in conversation about the purchase of sex is illegal in Canada. Because of this, Meaghan (2002) argues that prostitutes are forced to work in unsafe locations away from police surveillance, rushing negotiations and not being able to make an safe decision about their client. Seals (2015), found prostitutes are fearful of legal recourse when they are victimized. Legalization would give prostitutes the same protection as the general public and would be able to press charges accordingly. Providing a registered place of business for licensing also limits instances of violence. Seib, C., Dunne, M. P., Fischer, J., & Najman, J. M. (2010), found that prostitutes who worked in regulated brothels were healthier and safer than prostitutes who worked in non-regulated brothels or on the streets. “Elaborate safety measures (panic buttons, listening devices, and management surveillance) allow managers to respond to unruly or violent customers quickly and effectively” (Weitzer, 2006, p. 35). This also would help limit the chance of Human sex trafficking as businesses would be consistently checked and positive relationships with law enforcement would be made.

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.

In order to fully understand the debate created by Bill C-36, we must start be defining some terms pertaining to prostitution and its legal status. First, there are three main model of intervention when it comes to prostitution: legalization, decriminalization and criminalization (Phoenix 7). Legalization is when criminal sanctions are replaced by civil regulation of the contract between prostitutes and clients, such that prostitution acquires a status similar to another type of employment (8). Decriminalization refers the repeal of laws prohibiting prostitution without the institution of civil regulations, such that health and safety legislation become the main regulatory instrument (8). Finally, criminalization corresponds to the current type of legislation in Canada, which aims to repress and prohibit prostitution (7). The dubbed “Nordic model”, or abolitionist approach, describes a legal approach to prostitution which was applied in Sweden and follows the model of criminalization, but redefines sex work as a problem of violence

The authors confirm that there exists evidence supporting the fact that many criminal justice processes are unfair and could be described as biased, subjective, inequitable, serving financial morals and grows out of the criminal law. They also conclude from the study that the myth on the criminal justice system being fair is not true from the law making department down to the correctional department.

While many countries condemn women involved in prostitution, they exclude men without whom the trade could not thrive. Swedish law is exceptional because rather than victimize the ‘seller’ it targets those paying for prostitution. The laws signify dramatic milestones in promoting gender equality and taking off the stigma from the prostitute. With the aim of eradicating the vice from the root, the law posits that if there are no buyers, the prostitute will get off the streets. The law takes the economics aspect of prostitution to that of power because form the law; nobody can buy a

(Vanderstok, 2010). The stereotypical association with sex workers is that they originate from disturbed or traumatic lifestyles, while some do enter prostitution through the forms of sex trafficking and other related incidents, there are others who independently choose to become a sex worker or prostitute. According to research, women that have been introduced to trafficking networks derive either from forcefulness from groups or have deliberately chosen to enter the workforce of the sex industry. (Barrett, & Melrose, 2006). Even though sex trafficking is one way of entering the sex industry in the Netherlands, it is not always perceived as a highly reviewed decision by the women who choose to take such a path. While the conditions of these actions are not expected in the decision process, some women may feel that trafficking will aid in the escape of their country of origins current conditions, whether it be from social, economic, or political reasons. (Barrett, & Melrose, 2006). Sex trafficking is one method of entry into the sex industry in the Netherlands, which is why they began the process of legalizing prostitution in the hopes of slowing or stopping this particular method within their country with regulations. Within Barrett and Melrose’s research, they elaborate on reasons why sex trafficking is an issue in Europe. Since sex trafficking is a demand-driven product, it tends to generate into a lucrative business for groups that associate

On Thursday November 16, 2017, a teenage girl and a twenty-seven-year-old man were arrested for human trafficking in Ottawa, Ontario (). The story itself does not explain the reasons why the trafficking took place for the girl or the man but there are social circumstances for every person who partakes in sex work of any kind. The decision to participate in the sex industry is influenced economically, autonomously, and by force which all implicate the individual in social stigmatization and criminalization as a result Bill C-36.

The “world’s oldest profession,” also known as prostitution, is considered a grey area in morality (Thiroux). Prostitution is defined as selling oneself or one’s talents for base purpose (Agnes). Contrary to popular belief, there are plenty of arguments for prostitution and the act of prostitution becoming legal. Coinciding with popular belief, there are more arguments against the act of prostitution being legalized. While some consider the act of prostitution to be an immoral act others will consider it a victimless crime. Most people consider it to be immoral and use arguments such as it cause crimes, spreads social diseases and AIDS and it is extramarital and commercialized. The opposing argument, which is for the act of prostitution say that it, is a victimless crime, is a safe sexual release and is not socially acceptable and it could be controlled by the government (Thiroux). The underlying question now asks, is the act of prostitution moral?

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.