Decriminalizing sex work

The decriminalization of sex work is the removal of criminal penalties for sex work.[1] In most countries, sex work, the consensual provision of sexual services for money or goods,[2] is criminalized. It is claimed that removing criminal prosecution for sex workers creates a safer and healthier environment[3] and allows them to live with less social exclusion and stigma. In the last decade, organizations such as UNAIDS, WHO, Amnesty International, Human Rights Watch, UNFPA, and the medical journal The Lancet have called on states to decriminalize sex work in the global effort to tackle the HIV/AIDS epidemic and ensure sex workers' access to health services.[4][5][6][7] New Zealand was the first country to decriminalise sex work, with the passage of the Prostitution Reform Act (PRA) in June 2003[8].

  Prostitution legal but regulated
  Decriminalization - No criminal penalties for prostitution
  Legalization -prostitution legal and regulated
  Abolitionism - prostitution is legal, but organized activities such as brothels and pimping are illegal; prostitution is not regulated
  Neo-abolitionism illegal to buy sex and for 3rd party involvement, legal to sell sex
  Prohibitionism - prostitution illegal
  Legality varies with local laws

NGOs,[9] academics[10] and Government Departments[11] often categorise the approach to prostitution laws and approach into 5 models:

Prohibitionism

All aspects of prostitution are criminalised. Often the sex trade is seen as a violation of human dignaty, moral or religious beliefs.[11] e.g. Russia[12] (Also known as "Criminalization".)[1]

Abolitionism

Whilst prostitution itself is legal, 3rd party involvement is generally prohibited. Solicit ion is also often prohibited. Whilst this model recognises prostitutes may chose work in the trade, it is morally wrong. Laws are designed to stop prostitution affecting the public.[11] e.g. England[11]

Neo-abolitionism

Neo-abolitionists believe there is no free choice for people entering prostitution, it violates their human rights and that prostitution is the sale and consumption of human bodies. Whilst prostitutes themselves commit no crime, clients and any third party involvement is criminalised.[11] e.g. Sweden[11] (Also called the "Swedish model" or "Nordic model".)[9][10]

Legalization

Whilst prostitution is not prohibited, there is legislation to control and regulate it.[11] The extent and type of control varies from country to country and may be regulated by work permits, licensing or tolerance zones.[11] e.g. The Netherlands[11] (also called "regulationist".)[12]

Decriminalization

Decriminalization is the removal of criminal penalties for sex work, and sex workers receive equal protection and recognition as workers in other industries.[1] e.g. New Zealand[11]

Negative effects of criminalization

Health

According to the World Health Organization (WHO), sex workers are considered one of the key populations at risk for HIV infection,[13] and sex workers who inject drugs are at even more risk due to unprotected sex, syringe sharing, alcohol or drug dependence, and violence.[14] Stigma, poverty, and exclusion from legal social services have increased their vulnerability to HIV infection.[13] Health risks and transmission of HIV as well as other sexually transmitted infections (STIs) are increased in incidences where condom usage and accessibility is limited or used to identify and criminalize sex workers. Many sex workers are managed by 'gatekeepers' who may be brothel owners, clients, or law enforcement figures, who often dictate condom usage.[15] In Cambodia, a survey showed that 30% of sex workers who refused to put on condoms were sexually coerced. Fear of law enforcement and incarceration also discourages possession of condoms since they provide evidence for officers to prosecute and arrest.[15] Evidence suggests that HIV risk can be sharply reduced when sex workers are able to negotiate safer sex.[4] Decriminalization of sex work decreases the risk of HIV infection by breaking down stigma and increasing access to health services, reducing the risk of HIV/AIDS and STIs.[4]

Discrimination and stigma

Sex workers experience significant stigma and discrimination as a result of criminalization.[16] Though they consider sex work a legitimate income-generating activity, sex workers are viewed as immoral, deserving of punishment, and thus excluded from healthcare, education, and housing.[4][16] Criminalization laws exclude sex workers from health systems that provide access to preventative care such as condoms and regular HIV or STI testing.[17]

Human rights abuses

Sex workers, as a population that suffers disproportionately from HIV/AIDS, are often denied many human rights such as the right to freedom from discrimination, equality before the law, the right to life, and the right to the highest attainable standard of health.[18][19] A study conducted in more than 11 countries by Sex Workers' Rights Advocacy Network (SWAN) concluded that more than 200 sex workers have experienced violence and discrimination.[20] These acts of violence toward sex workers often include abuse, rape, kidnappings, and sexual violence. Sex workers also face extortion and unlawful arrests and detention, which profoundly impact their mental, physical, and social wellbeing.[21] It is difficult for sex workers to seek criminal justice when it is reported that many police officers are partaking in the sexual and violent abuse. In Macedonia, police violence towards sex workers is particularly high: 82.4 percent of sex workers were assaulted by police in 2007.[20] Criminalization laws such as bans on buying, solicitation, and the general organization of sex work perpetuate an unsafe environment for sex workers, provide impunity for abusers, and prevent sex workers from reporting crime to the police.[19]

Decriminalization and Criminalization

Canada

Canada's prostitution law was challenged in 2012 by Terri-Jean Bedford, Amy Lebovitch, and Valerie Scott in the Bedford v. Canada case[22]. They claimed that the Criminal Code prohibits sex workers from their labor rights because it permits sexual acts in exchange for money but criminalizes sex workers and their clients from communicating the exchange in a public setting. The plaintiffs argue that this is a violation of their constitutional right to freedom of expression and liberty and threatens their safety. The case has now reached the Supreme Court of Canada and is supported by sex workers who believe it will eradicate the "whore stigma" that is often associated with sex workers.[23] The Bedford case had the impact of shifting Canada’s legal framework towards decriminalization, as the court recognized that these prohibitive criminal laws increase harm toward sex workers [24].

Sweden

In 1999, Sweden passed a law that banned prostitution and criminalizes buyers. Since the implementation of the new law, supporters of this approach have claimed the number of prostitutes has decreased. Pye Jakobsson, a spokeswoman for the Rose Alliance and a representation for sex workers, believes that this reduction in numbers may not particularly mean less prostitution, and that "You can't talk about protecting sex workers as well as saying the law is good, because it's driving prostitution and trafficking underground, which reduces social services' access to victims."[25] The Swedish example is often cited as a form partial criminalization instead of decriminalization since the purchasing of sex remains a crime.[1] Both the Swedish Government and sex workers agree that this model has increased stigma against sex workers, however the Swedish Government views this as a positive outcomes- arguing that sending a message about sex work is more important. Sex workers have reported a number of human rights violations as a direct result of these laws, including the deportation of sex workers (even EU citizens), increased evictions and vulnerability to homelessness and high rates of discrimination from authorities including police and social services.

Denmark

In Denmark, prostitution was decriminalized in 1999, allowing for both selling and buying of sex to be legal as long as both participants are above the age of 18. Brothels and pimping, however, still remain illegal in the country.[26] Prior to, sex workers were permitted to work as long as it was not their only source of income.[27]

Nevada

The legalization of brothels in Nevada have shown that sex workers are better protected and are in less danger of health risks.[28] A number of precautions are taking to ensure the safety of the sex workers, such as a voice recorded documentation of the negotiation that establishes the amount and payment before any trade occurs. Many brothels also include a panic button that will alert the manager which is located in an accessible location, often above at the head or side of the bed. Furthermore, the brothels in Nevada have established an ally relationship with law enforcement in cases where back-up was needed for troublesome customers.[28]

New South Wales

Laws covering sex work in Australia are state and territory based, with different regulations in different places. New South Wales decriminalised sex work in 1995, after the Wood Royal Commission into Police Corruption showed that police were inappropriate regulators of the sex industry.[29] A governmental review in 2016 resulted in continuing support of decriminalisation of sex work "as the best way of protecting sex workers and maintaining a more transparent sex work industry.[30]"

See also

References

  1. 1 2 3 4 "All Women, All Rights: Sex Workers Included" (PDF). Center for Health and Gender Equity.
  2. ↑ Overs, Cheryl. "Sex Workers: Part of the Solution" (PDF). World Health Organization. Retrieved 28 September 2016.
  3. ↑ Ahmed, Aziza (1 January 2011). "Feminism, power, and sex work in the context of HIV/Aids: consequences for women's health" (PDF). Harvard Journal of Law and Gender. 34 (1): 225. Retrieved 29 October 2016.
  4. 1 2 3 4 "New WHO guidelines to better prevent HIV in sex workers". World Health Organization. 12 December 2012. Retrieved 29 October 2016.
  5. ↑ "Amnesty International publishes policy and research on protection of sex workers' rights". Amnesty International. Retrieved 28 September 2016.
  6. ↑ "Human Rights Watch Affirm Support for Decriminalization". Global Network of Sex Work Projects.
  7. ↑ "HIV and sex workers". The Lancet.
  8. ↑ "Prostitution law reform in New Zealand". New Zealand Parliament. 2012-07-10. Retrieved 2018-03-23.
  9. 1 2 "DEMAND CHANGE: UNDERSTANDING THE NORDIC APPROACH TO PROSTITUTION" (PDF). Coalition Against Trafficking in Women Australia. 8 March 2017. Retrieved 7 March 2018.
  10. 1 2 "The 'Nordic model' of prostitution law is a myth". London School of Economics. 3 January 2014. Retrieved 7 March 2018.
  11. 1 2 3 4 5 6 7 8 9 10 "Current Publications: Law, justice and rights: Prostitution: A Review of Legislation in Selected Countries (PRB 03-29E)". Library of Parliament. Retrieved 7 March 2018.
  12. 1 2 "Prostitution – which stance to take?". Council of Europe. 9 July 2007. Retrieved 7 March 2018.
  13. 1 2 "Sex work". World Health Organization. Retrieved 28 September 2016.
  14. ↑ Rusakova, Maia; Aliya Rakhmetova; Steffanie A. Strathdee (17 January 2015). "Why are sex workers who use substances at risk for HIV". The Lancet. 385 (9964): 211–212. doi:10.1016/s0140-6736(14)61042-4. PMID 25059944. Retrieved 29 October 2016.
  15. 1 2 World Health Organization. "Violence against sex workers and HIV prevention" (PDF). Information Bulletin Series. 3. Retrieved 29 October 2016.
  16. 1 2 Mgabko, Chi Adanna (January 2016). To Live Freely in This World. New York, NY: New York University Press. ISBN 9781479849062.
  17. ↑ "Global HIV/AIDS Response: Epidemic update and health sector progress towards Universal Access". World Health Organization, UNAIDS, UNICEF.
  18. ↑ "The Right to Health" (PDF). Office of the United Nations High Commissioner for Human Rights. Archived from the original (PDF) on 3 February 2016. Retrieved 29 October 2016.
  19. 1 2 "Amnesty International publishes policy and research on protection of sex workers' rights". Amnesty International.
  20. 1 2 Crago, Anna-Louise (2009). Arrest the Violence. Sex Workers' Rights Advocacy Network.
  21. ↑ Scorgie, Fiona; Katie Vasey; Eric Harper; Marlise Richter; Prince Nare; Sian Maseko; Matthew F Chersich (2013). "Human rights abuses and collective resilience among sex workers in four African countries: a qualitative study". Globalization and Health. 9 (33): 1–13. doi:10.1186/1744-8603-9-33. PMC 3750273. PMID 23889941.
  22. ↑ Canadian Alliance for Sex Work Law Reform (2014). "Canada v. Bedford: The Importance of the SCC Decision" (PDF). Retrieved 2018-03-23.
  23. ↑ Jackson, Crystal. "Why Decriminalizing Sex Work is Good for All Women". Retrieved 16 December 2013.
  24. ↑ Canadian Alliance for Sex Work Law Reform (2014). "AFTER BEDFORD: Developing a health and safety framework for sex workers and Canadian communities" (PDF). Retrieved 2018-03-23.
  25. ↑ Hazel, Thompson (11 December 2013). "Prostitution: why Swedes believe they got it right". The Guardian. Retrieved 16 December 2013.
  26. ↑ "100 Countries and Their Prostitution Policy". ProCon.org. Retrieved 16 December 2013.
  27. ↑ "Dane fights for state-funded sex". BBC News. 5 October 2005. Retrieved 16 December 2013.
  28. 1 2 Brents, Barbara G.; Hausbeck, Kathryn (March 2005). "Violence and Legalized Brothel Prostitution in Nevada" (PDF). Journal of Interpersonal Violence. 20 (3): 270–295. CiteSeerX 10.1.1.467.7766. doi:10.1177/0886260504270333. PMID 15684138. Retrieved 16 December 2013.
  29. ↑ </ Scarlet Alliance, Australian Sex workers Association
  30. ↑ "WORLD RENOWNED, BEST PRACTICE MODEL OF SEX WORK DECRIMINALISATION TO REMAIN IN NSW 10 May 2016"
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