„The decriminalization of sex work is urgent,” said co-author Pippa Grenfell, assistant professor of sociology of public health at LSHTM. Instead of forcing sex workers to run their businesses in unregulated black markets where their lives are in danger, all with the mislabeled purpose of „saving” women, take concrete steps to save women. Legalize prostitution, impose strict regulations, and put in place comprehensive support systems that allow sex workers to do their jobs safely. But Tsitsi Matekaire of women`s rights group Equality Now said it was wrong to view prostitution solely as a health issue, adding that decriminalization was not the best way to protect women. It is true that the current efforts of the various European countries to legalize prostitution are far from perfect. In the Netherlands, elements of the legislation, such as requiring sex workers to register and setting the minimum age of prostitution at 21, could push more sex workers into illegal markets. Not only that, but studies suggest that legalizing prostitution can increase human trafficking. But even those who criticize the legalization of prostitution can see the benefits the legislation can have on sex workers` working conditions. When countries with existing laws spend more time listening to current sex workers, the results of decriminalizing prostitution include safety and respect for a population that has traditionally been deprived of such things. Some anti-trafficking activists and organizations argue that legalizing prostitution affects the well-being of sex workers, including their vulnerability to human trafficking. Others argue otherwise, consistent with the conventional understanding that bad actors and organized crime thrive under conditions where a good or service has been criminalized rather than legalized.
Are these claims evidence-based? Does legalization affect the well-being of sex workers or the extent of human trafficking in a country, and if so, what impact does it have? When elected officials discuss changes to prostitution laws, what kind of data should influence their considerations? This article examines evidence from two sources: large multinational correlational studies and in-depth case studies. I would argue that they provide a much superior evidence base for public policy formulation. Research documents significant differences between legal systems of prostitution. Some rely on strong regulations and can be considered best practices, while others impose rules that are too onerous for sex workers or the owners of the businesses they work for, or marginalize certain types of workers. The requirement for sex workers to register with the authorities, mandatory counselling and the use of condoms (Austria, Germany) are rejected by sex workers almost everywhere, and excessive restrictions on companies (Netherlands) have also been counterproductive. Nevada`s legal brothels are subject to strict rules and extremely strict controls, diluting the rights of workers and brothel owners. In contrast, New Zealand and New South Wales, Australia, have fairly minimalist regulatory systems. Some research claims that between 600,000 and four million women and children are trafficked for sex each year. However, these figures were reviewed by the United States in 2006. Government Accountability Office, which cited weak methods, gaps and discrepancies and concluded that the data were generally unreliable. There are also inconsistencies in the definitions of victims of trafficking. For example, Melissa Farley claims that all prostitution is sex trafficking, including legal prostitution in Nevada — a claim that many legal prostitutes would deny.
In addition, in a report titled The Commercial Sexual Exploitation of Children, researchers Estes and Weiner argue that high concentrations of rap music in neighborhoods contribute to potential sex trafficking — a clearly racist and classist (not to say stupid) assumption. Studies of this kind are crucial to the ongoing debate on sex trafficking and legal prostitution. The key to accurate study is the correct definition of sex trafficking and a fair analysis of those who voluntarily engage in sex work. People, especially women, sell their bodies daily for financial gain in a legalized way. Pornography is legal, as are exotic dances. It is common for people to have sex with wealthier partners in order to enjoy their wealth, whether through the search for wealthy life partners or through the less formal but increasingly common phenomenon known as sugar dating. It`s also common for people to stay in unhappy relationships because they don`t want to lose financial stability or spend money on a divorce. This article examines the impact of legalized prostitution on the influx of human trafficking. According to economic theory, there are two opposite effects of unknown magnitude.
The economies of scale of legalized prostitution lead to an expansion of the prostitution market, which increases trafficking in human beings, while the substitution effect reduces the demand for trafficked women, as legal prostitutes are favoured over trafficked prostitutes. Our empirical analysis of a representative sample of 150 countries shows that economies of scale dominate the substitution effect. On average, countries where prostitution is legal reported higher trafficking inflows. When people argue that prostitution should be illegal, in many cases, their concern comes from a place of morality described as a concern for women`s health and safety. People believe that legalizing prostitution will only abuse more women, make it harder for prostitutes to get out of the industry, or teach young women that their bodies exist only for the purpose of sexual exploitation by men. The desire to protect women from sexual abuse will always be valid, and if anything is a desire that should be more prevalent in the United States. What is dishonest is the rejection of legalized sex work on grounds that claim to be women`s safety, but actually stem from a place of discomfort towards women who openly engage in sexual interactions for financial gain. If you are not comfortable with the idea of women having sex for money, then you should also have a problem with pornography, exotic dances, and dating for money. If you don`t have a problem with all these socially accepted practices, but a problem with prostitution because it is „morally questionable,” then you have lost your right to any forum where decisions about women`s safety and rights are made. Why people are uncomfortable listening to sex workers talk about legalizing prostitution has nothing to do with concerns about women`s health and safety. If that were the real concern, prostitution would now be legal in the United States.
The reason people don`t agree with legalizing prostitution is because prostitution is considered amoral because it involves (mostly) women selling their bodies for financial gain. However, telling women what they can and cannot do with their bodies does not come from a place of morality: it comes from a place of control. LONDON (Thomson Reuters Foundation) – Sex workers in countries where the sale or purchase of sexual services is illegal are more likely to be exposed to violence, do not use condoms and infect HIV, researchers said on Tuesday, calling for the decriminalisation of prostitution. This has led to a drastic drop in the number of intermediaries arrested. While there were 1,365 cases of „exploitation of prostitutes” by third parties in 2000 (§ 180a), this number decreased steadily after the implementation of the 2002 law to 45 in 2014. During the same period, the number of pimps, purchases and advertising (§181a) fell from 1,104 to 256 and that of sex trafficking (§232) from 1,016 to 482. The fact that some people are still arrested under these three laws suggests a more nuanced assessment of how third parties and employers interact with sex workers, compared to the past. Instead of being responsible for pimping or promoting prostitution, the law now prohibits certain acts that limit an employee`s autonomy, such as prescribing the type of services to be provided, forcing a worker to engage with a particular client, preventing someone from leaving prostitution, or otherwise restricting freedom. Similarly, „exploitation” is now limited to keeping a person „personally or financially dependent” on their business activities (e.g., permanent debt bondage); Here we see the biggest drop in arrests since the law was passed. The sex trafficking law has not been amended, but there were less than half as many cases of trafficking in 2014 as in 2000. Arrests and prosecutions do not necessarily follow the impact, but if legalization increases human trafficking, we should expect arrests to increase significantly after 2002.
The drop could mean that legalization has reduced the involvement of bad actors. Tijuana, Mexico, allows us to compare the outcomes of sex workers working legally and illegally in the same city. Some areas are designated for prostitution; Sex enterprises are allowed; the authorities carry out on-site visits; and legal sex workers must register and carry health cards indicating that they have been tested for STIs.