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Lecture on Sex Work Legislation and Rights
Jun 13, 2024
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Lecture on Sex Work Legislation and Rights
Introduction
Speaker's Background
: Unlike typical speakers on prostitution; not a police officer, social worker, academic, journalist, politician, or nun.
Common Perspectives on Prostitution
: Seen as degrading, non-consensual, dangerous, and often subject to legal prohibition.
Speaker's Experience
: Began working in a brothel in late 2009 due to financial necessity.
Personal Reflection and Key Themes
Rethought ideas on prostitution, consent, capitalism, gender inequality, and workplace violence.
Aims to discuss legal approaches to sex work globally and their failures.
Emphasizes what sex workers want: decriminalization and labor rights.
Four Main Legal Approaches to Sex Work
1. Full Criminalization
Countries
: Russia, South Africa, most of the US.
Applies to
: Sellers, buyers, third parties.
Consequences
:
Forces workers to continue selling sex despite risks due to financial needs.
Hard to get conventional jobs with a criminal record.
Exposure to state violence and abuse (e.g., police coercion, torture in Cambodia, arrest for carrying condoms in Kenya/South Africa/New York).
Increased HIV risks due to fear of carrying condoms.
Example
: Sex workers have to choose between risky sex or risking arrest.
2. Partial Criminalization
Countries
: UK, France.
Legality
: Buying and selling sex is legal, but brothel-keeping and street soliciting are banned.
Consequences
:
Forces workers to operate alone, making them vulnerable.
Working together is illegal, increasing danger (e.g., story of being threatened by a client knowing the workers couldn't call the police).
Street workers face fines leading to a vicious cycle (Sell sex to pay fines).
Example
: Mariana Popa's death in East London due to working alone to avoid arrest.
3. The Swedish or Nordic Model
Concept
: Criminalizes buyers, not sellers, claiming to protect sex workers by removing demand.
Issues
:
No decrease in prostitution in Sweden.
Forces sex workers to lower prices or take more risks.
Increases reliance on potentially abusive managers.
Reduces negotiation time, increasing danger.
Example
: Unsafe to ask clients for traceable info, risking violence; outdoor workers must work in secluded areas.
4. Legalization
Countries
: Netherlands, Germany, Nevada (US).
Concept
: State-controlled, requires compliance with regulations like registration and health checks.
Problems
:
Expensive and difficult regulations create a two-tier system (Legal vs. illegal work).
Marginalized workers often pushed into illegal, unsafe conditions.
Not feasible for those in urgent need (e.g., refugees, abuse victims).
Outcome
: Reinforces dangers of criminalization.
Consequences of Prohibitionist Approaches
Increased Danger
: Law enforcement fears prompt risky behaviors (working alone, avoiding cops).
Perpetuated Sex Work
: Fines and records force continued sex work.
Empowered Abusers
: Crackdowns drive risky decisions, increase pimping.
Reinforced Stigmas
: Social stigma and violence against sex workers increase.
Supporting Insights
Exploited Groups
: Laws usually target marginalized groups (People of color, LGBTQ, migrants, etc.).
Trafficking Fears
: Prohibition seen as solution for trafficking but doesn’t address underlying issues.
Similar risks exist in other industries (e.g., agriculture, hospitality).
Needs targeted legislation for specific abuses, not entire industry.
Historic Lessons
: Prohibition fails (e.g., alcohol, migration, abortion, sex work).
Real Solutions
: Need economic, housing, and migration support to alleviate sex work necessity.
Decriminalization as the Solution
Example
: New Zealand (2003) - Sex work treated like any other work.
Benefits
:
Legal safety measures (Working together, employer accountability).
Increased safety and lower stigma.
Collaboration with sex worker organizations (e.g., NZ Prostitutes Collective).
Conclusion and Call to Action
Sex Worker Demands
: Full decriminalization and labor rights.
Global Movement
: Examples include Sex Worker Open University, English Collective of Prostitutes; supported by UNAIDS, WHO, Amnesty International.
Allyship
: Advocates for gender equality, poverty, migration, public health must include sex worker rights.
Call to Action
: Listen to and amplify sex worker voices; resist those who silence them.
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