Prostitution law
Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places. A variety of different legal models exist around the world, including total bans, bans that only target the customer, and laws permitting prostitution but prohibiting organized groups, an example being brothels.
In many jurisdictions, prostitution – the commercial exchange of sex for money, goods, service, or some other benefit agreed upon by the transacting parties – is illegal, while in others it is legal, but surrounding activities, such as soliciting in a public place, operating a brothel, and pimping, may be illegal. In many jurisdictions where prostitution is legal, it is regulated; in others it is unregulated. Where the exchange of sex for money is criminalized, it may be the sex worker, the client, or both, who are subject to prosecution.
Prostitution has been condemned as a single form of human rights abuse, and an attack on the dignity and worth of human beings. Other schools of thought argue that sex work is a legitimate occupation, whereby a person trades or exchanges sexual acts for money or goods. Some believe that women in developing countries are especially vulnerable to sexual exploitation and human trafficking, while others distinguish this practice from the global sex industry, in which "sex work is done by consenting adults, where the act of selling or buying sexual services is not a violation of human rights." The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organization and the United Nations.
Overview
In most countries, sex work is controversial. Members of certain religions oppose prostitution, viewing it as contrary or a threat to their moral codes, while other parties view prostitution as a "necessary evil". Sex worker activists and organizations believe the issue of sex worker human rights is of greatest importance, including those related to freedom of speech, travel, immigration, work, marriage, parenthood, insurance, health insurance, and housing.Some feminist organizations are opposed to prostitution, considering it a form of exploitation in which males dominate women, and as a practice that is the result of a patriarchal social order. For example, the European Women's Lobby, which bills itself as the largest umbrella organization of women's associations in the European Union, has condemned prostitution as "an intolerable form of male violence". In February 2014, the members of the European Parliament voted in a non-binding resolution, in favor of the 'Swedish Model' of criminalizing the buying, but not the selling of sex. In 2014, the Council of Europe made a similar recommendation, stating that "While each system presents advantages and disadvantages, policies prohibiting the purchase of sexual services are those that are more likely to have a positive impact on reducing trafficking in human beings".
The Wolfenden Committee Report, which informed the debate in the United Kingdom, states:
to preserve public order and decency, to protect the citizen from what is injurious or offensive and to provide safeguards against the exploitation and corruption of others, ... It is not, in our view, the function of the law to intervene in the private lives of citizens, or to seek to enforce any particular code of behaviour, further than is necessary to carry out the purposes of what we have outlined.
Views on what the best legal framework on prostitution should be are often influenced by whether one can view prostitution as morally acceptable or not; indeed Save the Children wrote: "The issue, however, gets mired in controversy and confusion when prostitution too is considered as a violation of the basic human rights of both adult women and minors, and equal to sexual exploitation per se. From this standpoint then, trafficking and prostitution become conflated with each other."
In December 2012, UNAIDS, the Joint United Nations Programme on HIV/AIDS, released the "Prevention and treatment of HIV and other sexually transmitted infections for sex workers in low- and middle- income countries" document that contains the following "Good practice recommendations":
- All countries should work toward decriminalization of sex work and elimination of the unjust application of non-criminal laws and regulations against sex workers.†
- Governments should establish antidiscrimination and other rights-respecting laws to protect against discrimination and violence, and other violations of rights faced by sex workers in order to realize their human rights and reduce their vulnerability to HIV infection and the impact of AIDS. Antidiscrimination laws and regulations should guarantee sex workers’ right to social, health and financial services.
- Health services should be made available, accessible and acceptable to sex workers based on the principles of avoidance of stigma, non-discrimination and the right to health.
- Violence against sex workers is a risk factor for HIV and must be prevented and addressed in partnership with sex workers and sex worker-led organizations.
Legal themes
General
Many people who support legal prostitution argue that prostitution is a consensual sex act between adults and a victimless crime, thus the government should not prohibit this practice.Many anti-prostitution advocates hold that prostitutes themselves are often victims, arguing that prostitution is a practice which can lead to serious psychological and often physical long-term effects for the prostitutes.
In 1999, Sweden became the first country to make it illegal to pay for sex, but not to be a prostitute. A similar law was passed in Norway and in Iceland. Canada, France the Republic of Ireland and Israel have also adopted a similar model to that of the Nordic countries.
Human trafficking
The United Nations Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others favors criminalizing the activities of those seen as exploiting or coercing prostitutes, while leaving sex workers free from regulation. The Convention states that "prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person".Sigma Huda, a UN special reporter on trafficking in persons said: "For the most part, prostitution as actually practiced in the world usually does satisfy the elements of trafficking. It is rare that one finds a case in which the path to prostitution or a person's experience with prostitution does not involve, at the very least, an abuse of power or an abuse of vulnerability. Power and vulnerability in this context must be understood to include disparities based on gender, race, ethnicity and poverty. Put simply the road to prostitution and life within “the life” is rarely marked by empowerment or adequate options."
However, sex worker activists and organizations distinguish between human trafficking and legitimate sex work, and assert the importance of recognizing that trafficking is not synonymous with sex work. The Sex Workers Alliance Ireland organization explains: "victims of human trafficking may be forced to work in industries such as agriculture, domestic service as well as the sex industry. It is critical to distinguish human trafficking, which is a violation of human rights, from voluntary migration." The Open Society Foundations organization states: "sex work is done by consenting adults, where the act of selling or buying sexual services is not a violation of human rights. In fact, sex workers are natural allies in the fight against trafficking. The UNAIDS Guidance Note on HIV and Sex Work recognizes that sex worker organizations are best positioned to refer people who are victims of trafficking to appropriate services."
According to a 2007 report by the UNODC, the most common destinations for victims of human trafficking are Thailand, Japan, Israel, Belgium, the Netherlands, Germany, Italy, Turkey, and the US. The major sources of trafficked persons include Thailand, China, Nigeria, Albania, Bulgaria, Belarus, Moldova, and Ukraine.
Researchers at Göteborg University released a report in 2010 that argued that prostitution laws affect trafficking flows.