Write a 2-5 page essay, describing what you learned in this course, what it means to you, and what action can be taken in response to Human Trafficking issues. I will attach some of the powerpoint fro
Lecture 8 Prostitution policies worldwide & the Swedish model Liberal Feminists (Review) • Agency in making choice to sell sex (empowering) • Victimization may still occur, and victimization results from illegality • It’s “sex work,” not prostitution • Patriarchy as state control of women’s bodies (laws) • It should always be an option/survival strategy for poor women • All about LEGALIZATION Radical Feminists – (Review) • Victimization is inherent to prostitution, all prostitution is exploitive and harmful • Reject the idea that prostitution can be voluntary (expression of agency) • Prostitution violates human rights ( always coercive ) • Legalization/Decriminalization denies agency of women in broader society (equates state legalization of selling women’s bodies as commodities or sexual objects as removing all women’s agency) • Patriarchy as sexual objectification of women • Prostitution reflects and reproduces p atriarchy • “Greater Good” for all women supersedes individual choices of some women (sexual agency to choose to prostitute oneself) Intersectional Feminists • Poverty, sex, sexual orientation, gender identity, race, ethnicity, global power relations all impact prostitution • We must include men/boys, LGBTQ* people in the discussion, reject essentialism • Prostitution is c omplex – Viable work option for those in poor nations, use of body to make money is economically empowering in some places (e.g., India) • Simultaneously, structural inequalities lead to exploitation based upon intersecting identities 4 Models of Prostitution Policy 1. Deterrence (Prohibitionist/Criminalization) Model 2. Legalization Model 3. Decriminalization Model 4. Abolitionist (Swedish/Nordic) Model 1. Deterrence Model (Prohibitionist/ Criminalization) • Prostitution criminalized all around • Crime for those who sell sex, buy sex, and any 3 rd parties (e.g., managers, pimps, madams, traffickers) • Those who sell sex are seen as having agency – made the choice to commit crime, with exception of trafficked people who are seen as victims • Result : Arrest, fines, jail time • U.S.*, China, Cambodia, Jamaica, Malta, Philippines, Sri Lanka, Romania, Slovenia, Tanzania, Uganda, Vietnam, etc. Problems with Deterrence Model • Disproportionate arrest/charge rates/criminalization of sex workers • Misidentification of trafficked people as criminals • Builds distrust of law enforcement/ reduces help -seeking • Revolving door back into the commercial sex industry/ re -trafficking • Violence against commercial -sex involved people by police, clients, 3rd parties, and community members • No legal apparatus to defend themselves • Deterrence is ineffective at reducing both trafficking/prostitution • Just because something is illegal, it doesn’t mean it goes away • This is widely recognized as the worst system for trafficked and exploited people (as well as sex workers) 2. Decriminalization Model • Decriminalizes prostitution, for both buyers and sellers of sex • Traffickers are only ones criminalized • Criminalizes exploitation and coercion, not the sex work • Those who sell sex are seen as having agency, those who are trafficked are viewed as victims • Provides those in the sex industry with recourse for their victimization • Research indicates lowest levels of victimization to sex workers in these regions & low levels of sex trafficking • New Zealand, New South Wales, Australia (even these have some parts have rules, such as brothel licensing or banned street population) Problems with Decriminalization Model • Difficult to do comparative research because of small sample sizes (only 3 countries) • Can’t rule out regional contextual factors when analyzing results • Normalizes commercial sexual activity ( Herrington & McEachern’s (2018) consumption phase) • Those seeking to exit prostitution must have clear, effective routes • It is unclear what this model does to address root causes or provide resources for medical, mental health, housing, and rehabilitation services 3. Legalization Model • Decriminalizes prostitution, but also regulates it; there are “rules” • Criminalizes exploitation and coercion, not the sex work • Traffickers are criminalized, buyers and sellers are not • Those who sell sex are seen as having agency, trafficked people are seen as victims • Sex work is a legitimate occupation bound by the same rules – taxes, licensing, registration • Workers have recourse for their victimization • Healthcare, taxes, legal zones, expanded harm reduction • The Netherlands, Germany, Switzerland, Austria, Hungary, Denmark, Brazil, Greece, Turkey, Senegal, Victoria, Queensland, and the Northern Territory in Australia, 10 counties in Nevada Problems with Legalization Model • Sellers of sex get health screenings, buyers do not (usually) • Legal workers continue to disproportionately be victims of crime • Have not yet attained the status of respected service provider • Police harassment continues • Taxes/licensing fees, health screening requirements are not popular among sex workers • Increased sex trafficking in some locations in Western Europe, but not in others, such as in Australia Increased Sex Trafficking in Legalization Models? • It depends on location….. • Scale effect – the expansion of prostitution markets after legalization (e.g., does it lead to increased sex trafficking too?) • Substitution effect – replacing illegal/forced prostitutes with legally residing and working in the country • Scale effect has more of an impact, with the exception of Australia & New Zealand where it is reduced; so is victimization vs. women (sex workers) • Regional contextual factors likely impact whether legalization/decriminalization increases or reduces sex trafficking (regional location, ease of travel, immigration) 4. Abolitionist Model (Swedish/Nordic) • Illegal for everyone but the person selling sex. Buyers & 3rd parties (pimps/traffickers) criminalized • All commercial sex involved people are seen as victims • Includes social -welfare services that assist people in exiting and avoiding prostitution • Public education campaigns to raise awareness of the harms experienced by prostituted people • Works to change social norms that support sex trafficking and prostitution • Shows decline in sex trafficking • Sweden, Norway, Iceland, and recently France *recent changes in the U.K., and some states in the US suggest movement in this direction…. The Swedish Prostitution Law (2013) 3:23 Problems with Abolitionist Model • Reduction in trafficking, but the research is methodologically challenging • Prostitution & trafficking are defined as the same thing • Unclear if it reduces it or moves it (Criminal Displacement/ Underground market) • Harm reduction benefits are conditional… • Takes away agency of those who wish to sell sex • Lack of harm reduction • Forces quicker and riskier decision making re: clients • Difficult to do comparative research because of small sample sizes • Can’t rule our regional contextual factors when analyzing results The Swedish Model vs. the Legalization (Nevada) Model • Legalize Prostitution to Fight Sex Trafficking? Sex Workers Say "Yes” (2015; 7:48) Required Video • Billionaires Can Buy Sex and Not Go to Jail. Why Can't You? (The Real News Network, June 2019, 16:03) Link Ekberg (2004). The Swedish Law That Prohibits the Purchase of A Sexual Service: Best Practices for Prevention of Prostitution & Trafficking in Human Beings • “In Sweden, it is understood that any society that claims to defend principles of legal, political, economic, and social equality for women and girls must reject the idea that women and children, mostly girls, are commodities that can be bought, sold, and sexually exploited by men.” • To do otherwise is to allow that a separate class of female human beings, especially women/girls, who are economically and racially marginalized, is excluded from these measures, as well as from the universal protection of human dignity enshrined in the body of international human rights instruments developed during the past 50 years ” Ekberg (2004) • Prostitution is officially acknowledged as a form of male sexual violence against women and children • One of the cornerstones of Swedish policies against prostitution and trafficking in human beings is the focus on the root cause , the recognition that without men’s demand for and use of women and girls for sexual exploitation, the global prostitution industry would not be able flourish and expand • Pimps, traffickers, and prostitution buyers knowingly exploit the vulnerability of the victims caused by high rates of poverty, unemployment, discriminatory labor practices, gender inequalities, and male violence against women and children Swedish Prostitution Law (from Nefarious documentary, 2013, 3:23) Required Video Ekberg (2004) cont’d • Sweden recognizes that to succeed in the campaign against sexual exploitation, the political, social, and economic conditions under which women & girls live must be ameliorated • by introducing development measures of poverty reduction, sustainable development, measures that promote gender equality, and social programs focusing specifically on women • It is understood that the legalization of prostitution will inevitably normalize an extreme form of sexual discrimination and violence and strengthen male domination of all female human beings International Political Arena • The U.N. moved away from abolitionism , in part due to heated debates on females’ agency • Many European nations adopted legalization policy • Changing more recently in some countries • This is in part due to influx of migrants seeking work, xenophobia and anti -immigrant sentiments, in part due to increased sex trafficking/ awareness of exploitation How do these debates relate to sex trafficking? • Liberal Feminists typically support legalization or decriminalization models • Abolitionists/Radical Feminists usually support the abolitionist or “Swedish” model • The deterrence model (U.S. model) is widely recognized as harmful to sex trafficked, commercially sexually exploited people, and sex workers alike • Debates have international and national political presence Critical Thinking Questions 1. Describe the benefits and challenges of various models of prostitution policy 2. If you were to design a model of prostitution policy, what would it look like, and why?3. Why is harm reduction so important, regardless of the prostitution policy at hand? The End Next Steps:
• Read Ekberg (2004) article • Watch the required videos • Study for Midterm Exam Next module 9. Midterm Exam Start on Paper 2 International Political Arena cont’d • The International Convention for the Suppression of the Traffic in Persons 1949 was both anti -trafficking as well as anti -prostitution, and the first abolitionist attempt. Many states did not ratify it because it conflated trafficking and prostitution. • UN Vienna Declaration (1993) marked clear distinction between trafficking and prostitution • Palermo Protocol (2000) included wording “abuse of a position of vulnerability”
