Decriminalizing sex work

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. 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.

Legal models of sex work

Prostitution legal but regulated

Prostitution legal and not regulated; organised activities such as
brothels and pimping illegal

Prostitution illegal

Criminalization is the prohibition of the act of receiving money or goods in return for or in exchange for sex, being connected with the sex industry, or profiting from the sex industry.^[1]

Partial criminalization decriminalizes the selling of sex while the purchasing of sex remains a crime.^[1] This is often referred to as the "Nordic model".^[1]

Legalization is when sex work is made formally legal but still not recognized as a legitimate form of work and therefore heavily regulated. Sex workers must comply with permissible working areas, mandatory health checks, and registration or face criminal sanction.^[1] Examples of this model include Senegal and the Netherlands.^[1]

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

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,^[8] and sex workers who inject drugs are at even more risk due to unprotected sex, syringe sharing, alcohol or drug dependence, and violence.^[9] Stigma, poverty, and exclusion from legal social services have increased their vulnerability to HIV infection.^[10] 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.^[11] 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.^[11] 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.^[12] 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.^[13]^[4] Criminalization laws exclude sex workers from health systems that provide access to preventative care such as condoms and regular HIV or STI testing.^[14]

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.^[15]^[16] 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.^[17] 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.^[18] 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.^[17] 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

Main article: Prostitution by country

Canada

Canada's prostitution law was challenged in 2012 by Terri-Jean Bedford, Amy Lebovitch, and Valerie Scott in the Bedford v. Canada case. 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 (cite). 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.^[20]

Sweden

In 1999, Sweden passed a law that banned prostitution and criminalizes buyers. Since the implementation of the new law, the number of prostitutes has decreased from 2,500 in 1998 to 1,00 today. 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."^[21] The Swedish example is often cited as a form partial criminalization instead of decriminalization since the purchasing of sex remains a crime.^[1]

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.^[22] Prior to, sex workers were permitted to work as long as it was not their only source of income.^[23]

Nevada

The legalization of brothels in Nevada have shown that sex workers are better protected and are in less danger of health risks.^[24] 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.^[24]