Decriminalization of sex work

There are a wide variety of legal approaches to regulating prostitution. NGOs, academics, and government agencies typically use five different models to organize the different approaches. Some may equate the term "criminalisation" with "prohibition(ism)", while others regard all policies except "decriminalisation" as a certain degree of criminalisation. Abolitionism Hindle et al. (2008) stated: "Abolitionism is often described as the middle ground between prohibitionism and legalization. Advocates of this approach maintain that even though prostitutes may choose to enter the trade, it is nevertheless immoral. They believe that governments must take the necessary steps to allow prostitution to take place only as long as it does not infringe on public safety and order. Generally, abolitionists call for the criminalization of public solicitation." Neo-abolitionism Neo-abolitionism, also called the Nordic or Swedish model, is used in Sweden, Norway, France and other countries. While selling sex is not criminalized under this approach, the buying of sex is illegal. Neo-abolitionists claim these models do not punish prostitutes, but instead penalize those who purchase sex from sex workers. This model is criticized for causing sex workers to do their business in areas hidden from police and public, which often makes it more dangerous. Sex workers also note the harm that police themselves inflict is a primary concern, not only through evictions, arrests and deportations, but also sexual violence. Legalization Legalization is also referred to as "regulationist". In countries that legalize prostitution, some forms of prostitution are no longer prohibited, and there is legislation to control and regulate it. The very first line of the World Charter for Prostitutes' Rights, written and adopted by the International Committee for Prostitutes' Rights on 15 February 1985 at the first World Whores Congress in Amsterdam, states: "Decriminalize all aspects of adult prostitution resulting from individual decision." The World Health Organization (WHO) states that, "modelling studies indicate that decriminalizing sex work could lead to a 46% reduction in new HIV infections in sex workers over 10 years". ==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, and sex workers who inject drugs are at even more risk due to unprotected sex, syringe sharing, alcohol or drug dependence, and violence. Stigma, poverty, and exclusion from legal social services have increased their vulnerability to HIV infection. 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. 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. A 2018 study found that the 2003–2009 decriminalization of indoor prostitution in Rhode Island led to reduced sexually transmitted infections (female gonorrhoea incidence declined by over 40%) and fewer rapes (reported rape offences fell by 30%). A 2017 study found that the introduction of legal prostitution zones in the Netherlands substantially reduced drug-related crime, sexual abuse and rape (the latter two by 30–40% in the first two years). Violence According to a 2021 study, the openings of adult entertainment establishments (strip clubs, gentlemen clubs and escort girl services) in New York City were associated with a 13% decrease in sex crime one week after the opening (while having no impact on other forms of crime). The evidence suggests that potential sex offenders frequent such establishments rather than commit sex crimes. Discrimination and stigma Sex workers experience significant stigma and discrimination as a result of criminalization. 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. 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. 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. 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. 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 North Macedonia, police sexual assault towards sex workers is particularly high: 82.4 percent of sex workers were assaulted by police in 2007. 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 the crime to the police. The financial impact can then magnify over time after an encounter with law enforcement. Having a sex work offense on their record may complicate or completely prevent sex workers from acquiring housing. If a sex worker with a criminal record seeks employment in another industry, they may face discrimination or be disallowed from applying. 55% of Black trans sex workers who participated in a 2015 survey reported being unemployed, while 40% of trans sex workers had experienced gender discrimination when seeking employment. == Specific populations ==

Male sex workers Over the course of the past several decades, the demand for male sex work has risen dramatically as people's opinions on not just homosexuality but prostitution as well have begun to change to look at both in a more favorable light. As society's opinions on homosexuality and prostitution have changed in different parts of the world, there has been a subsequent push for the changing of the laws and regulations regarding these matters in some countries, which have helped to increase the demand for male sex work around the world. The demand for the decriminalization of sex work has also increased. Organizations like the Sex Workers Project, the Sex Workers Outreach Project, the International Committee on the Rights of Sex Workers in Europe, the Asia Pacific Network of Sex Workers, and the African Sex Workers Alliance all work internationally to fight for the rights of both male and female sex workers and for the decriminalization of sex work as whole. This reflects how much the atmosphere surrounding the decriminalization of sex work has changed in the past several decades, as none of the organizations listed above existed before the 1990s. Similarly to female sex work, there is a long history of discrimination against male sex work, but for different reasons. Much of the sentiment against male sex workers has come from its association with homosexuality, which for much of history was not socially acceptable. Much of this anti-homosexual sentiment stems from the fact that traditionally the three major Abrahamic religions (Judaism, Christianity, and Islam) taught that homosexuality was sinful, citing Leviticus 18:22 where it states, "You shall not lie with a male as with a woman; it is an abomination" as the main reasoning for this belief. As a result, homosexuality was made illegal in many societies, and punishments were put in place for homosexual behavior. Anti-homosexual sentiment still exists in some parts of the world. In some places, it is still illegal and punishable by death to be gay. For example, in countries like Yemen, Iran, Saudi Arabia, Mauritania, Nigeria, Brunei, Qatar, Pakistan, Sudan, United Arab Emirates, Somalia, and Afghanistan being homosexual is still punishable by death. In other countries, it is not punishable by death but is still illegal and is punishable in other ways. Punishment in these countries can range, 0–10 years, 10–life, and lashes/corporal punishment. Therefore, in many of these countries male sex workers work in unsafe conditions where they run a higher risk of experiencing violence, or sexual abuse to avoid detection by the police who are sometimes the proponents of this violence. Another issue associated with working in these unsafe conditions is the risk of contracting an STI or HIV is much higher. There has been a push in the past several decades for the decriminalization of sex work in general and more specifically male sex work. The success of some of these movement in achieving the decriminalization and in some cases even legalization of sex work has increase the demand for male sex workers worldwide. Even in countries where neither legalization nor even full decriminalization has been achieved, these movements have at least been successful in relaxing the regulations regarding sex work in general and more specifically male sex work. Which as a result of the relaxing of these regulations even where unsuccessful in achieving full decriminalization, there has been a general increase in the demand for sex work and thereby male sex workers. The advent of the internet has also only worked to further increase the demand for male sex work as not only has it allowed male sex workers to connect with their clients more easily, but it has also allowed them to do so more discreetly, which is important in countries where prostitution is still illegal and for clients who want to keep their business private. There are a number of organizations internationally who fight for the rights of sex workers and the decriminalization of prostitution which just to mention a few include the Sex Workers Project, the International Committee on the Rights of Sex Workers in Europe, and the African Sex Workers Alliance. These organizations serve as the leaders in the fight for the decriminalization of sex work as they use the power of their numbers to help them influence policy makes. Which leads to the argument for the decriminalization of male sex work. The argument for the decriminalization of male sex work shares many of the same key points as the arguments for the decriminalization of female sex work. With the main argument for the decriminalization of male sex work and sex work in general being that it is in the best interest of the public health to decriminalize sex work, to ensure that sex workers are capable of going through more professional channels to do their work. Allowing sex workers to use more professional channels in their work would allow them to more easily access protection, get tested for STIs and HIV, and enforce that their clients wear protection and be tested. One study of transgender sex workers that examined their reasons for involving themselves in the industry found that many transgender female sex workers experienced worry that they would not be hired by other employers because of their gender identity. Therefore, they sought work in the sex industry because they felt it was their only choice. However, many transgender female sex workers express satisfaction with their occupation because their clients approach them as "real females", and they experience less gender discrimination than they do in their daily lives. Many advocates view this sort of positive experience as evidence supporting the need to decriminalize sex work. In various qualitative studies, interviews with transgender female sex workers revealed their experience with policing and law enforcement, and numerous reported believing that their gender identity combined with their job in the sex industry resulted in discriminatory treatment from law enforcement, including verbal and physical abuse. The criminalization of sex work also imposes a unique risk to transgender sex workers because, if arrested and incarcerated, they experience highly disproportionate levels of physical and sexual violence at the hands of male prisoners in the facilities where they are required to be housed. == Practical comparison ==

This section compares some examples of various legal models in practice. Abolitionist practice Brazil Brazil operates within the abolitionist model of sex work. This means that selling sex in exchange for money is legal, and sex workers can even claim pensions and benefits when employed in the industry. However, it is illegal to employ sex workers or to profit off the work of a sex worker. In practice, this means that brothels and pimps are criminalized as is sex trafficking. Despite selling and buying sex being legal (only when occurring between sex workers and their clients), there are still many laws and regulations that limit those working in the sex industry. For example, sex workers in Brazil are often charged with vagrancy, loitering, or public disorder when law enforcement sees them soliciting clients. In Rio de Jainero specifically, legal authorities set up campaigns to dissuade sex tourism, and many individuals known to be promoting prostitution have been arrested. Neo-abolitionist (Nordic) practice Canada In 2013, a study was conducted in Vancouver, where purchasing sex was enforced by the Vancouver Police Department as illegal but selling it was not. The study found that while the introduction of this policy did improve relations between sex workers and the police, it also "reproduce[d] the harms created by the criminalisation of sex work, in particular, vulnerability to violence and HIV/STIs". Canada's prostitution law was challenged in 2013 by Terri-Jean Bedford, Amy Lebovitch, and Valerie Scott in the Bedford v. Canada case. The plaintiffs argued that the criminal laws disproportionately increased their risk of violence and victimization by preventing them from being able to employ safety strategies during the course of their work. In a 9–0 ruling, the Supreme Court of Canada determined that the communication provision, the bawdy house provision, and the living on the avails provision violated sex workers' rights to security of the persons. To give the Government of Canada time to respond, the declaration of invalidity was suspended for one year. This legislation is modelled after the Nordic Model, and criminalizes buyers of sexual services as well as third-party supporters (brothel ownership and pimping are also illegal). Most Canadian sex workers' rights groups rejected the Nordic model, because it was deemed to be "harmful and inconsistent with sex workers' constitutional rights to health and safety", according to the Canadian Alliance for Sex Work Law Reform (CASWLR). Instead, they favoured New Zealand's model of decriminalisation, because it supposedly 'decreased violence against sex workers and increased police protection while improving employment conditions, including protection from harassment by the sex worker's employer'. In February 2020, an Ontario court judge struck down three parts of the PCEPA as unconstitutional: the prohibitions on advertising, procuring and materially benefiting from someone else's sexual services were violations of the 'freedom of expression' and 'security of the person' as defined in the Canadian Charter of Rights and Freedoms. If upheld, this would allow third-party involvement, which sex workers said would provide them important protections, but Christian anti-trafficking activists claimed would facilitate sex trafficking. France In 2016, the French federal government estimated that there were around 30,000 prostitutes in the country, and 93% of them were foreign. In April 2016, the French National Assembly passed a law that partially decriminalized sex work. While selling sex, loitering, and public soliciting by prostitutes is now legal, paying for sex carries a fine of around 1,500 euros. People found guilty of paying for sex may also have to complete an "awareness-raising course on the fight against the purchase of sexual acts". This has created more dangerous conditions for prostitutes that continue to work. According to a survey conducted by the French NGO Médecins du Monde, 42% of percent of prostitutes in France say that they have been exposed to more violence since the law took effect in 2016. Sweden Sweden passed a law in 1999 which criminalised buying sex, while maintaining that selling sex is legal. Kulick (2003) and Matthews (2008) have labelled this Swedish law 'prohibitionist' (with Kulick arguing Sweden was 'abolitionist' before 1999), while Niklas Jakobsson & Andreas Kotsadam (2010) called it 'neo-abolitionist'. In a 2010 review, the Swedish government agreed with Swedish sex workers that this model has increased stigma against sex workers. However, the Swedish government viewed this as a positive outcome, arguing that sending a message about sex work is more important. Sex workers have reported a number of human rights violations as a direct result of these laws, including the deportation of sex workers, increased evictions, increased vulnerability to homelessness, and high rates of discrimination from authorities. The 1999 law has also led to sex workers being used as witnesses by the police in cases that they did not want to be a part of. Legalisation (regulationist) practice Denmark In Denmark, prostitution was legalised 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. Previously, sex workers were permitted to work as long as it was not their only source of income. Germany Germany legalized sex work in 2002. According to Heumann et al. (2017), the 1911 brothel ban was vaguely formulated, poorly enforced, and sex workers themselves were not criminalised, but despite this pre-2000 'regulated tolerance' (), they were still stigmatised as 'fallen' or 'sinful' women, or 'psychiatrically disturbed'. In the mid-1970s, a man named Walter Plankinton attempted to open a brothel in Nye County, Nevada. County officials initially blocked him from opening the brothel (which he planned to call "The Chicken Ranch"), citing a 1948 state law that called brothels a "nuisance". However, this law was overturned by the Nevada Supreme Court in 1978. Sex work in Nevada is regulated in the ten counties and five cities that permit it. Brothels are also barred from advertising on public roads or in districts where prostitution is illegal. The county licenses for brothels are very expensive, to the point of being a significant item in county revenue. Other existing regulations mandate STI testing before prostitutes are hired, and weekly testing once they are employed. Sex workers with HIV are also prohibited from working. Sex workers who continue to work after testing HIV-positive can be punished with two to ten years in prison or a $10,000 fine. On 17 March 2022, the Chamber of Representatives of Belgium approved a sexual crimes legislation reform bill, developed under the responsibility of Justice Minister Vincent Van Quickenborne. The reform bill inter alia envisioned a phased decriminalisation of sex work for adults (18 years or older). In the first step, sex work was only legally allowed for self-employed sex workers where they would only be permitted to advertise their own sexual services via designated types of media. This law came into effect on 1 June 2022. Starting 1 December 2024, Belgium's amended labour law decriminalised sex work under official employment contract, becoming the first in the world to do so. Sex workers working for an employer enjoy all social benefits also enjoyed by other workers, such as maternity leave and state pensions, but also have special protections not found in other sectors, such as requiring employers install a panic button and employees being able to quit without notice. South Africa In November 2022, the Cabinet of South Africa has approved a bill for decriminalizing sex work. The bill has not yet been written into law and once published in the Gazette will be open to the public to comment. Australia Laws covering sex work in Australia are state and territory based, with different regulations in different places. New South Wales, which includes the city of Sydney, decriminalised sex work in 1995 after the Wood Royal Commission showed that police were inappropriate regulators of the sex industry, because criminalisation led to police corruption, great health risks to sex workers and the community, as well as public nuisance. The 1924 amendments to the Crimes Act increased these penalties, while police were given more power over the movement of prostitutes; the latter were more exposed to police arrest and violence from clients by these legal restrictions on their male associates. Brothels could now only be shut down by a formal complaint to the Land and Environment Court, taking away the power of the police to shut down, or threaten to shut down, any brothel as a 'disorderly house', which had been an importance cause of the police corruption. A governmental review in 2016 resulted in continuing "support of decriminalisation of sex work as the best way of protecting sex workers and maintaining a more transparent sex work industry". ;Northern Territory decriminalisation 2019 ;Victoria decriminalisation 2022–2023 In February 2022, Victoria passed legislation to decriminalise sex work. "The Sex Work Decriminalisation Act 2021 will partially abolish street-based sex work offences and associated public health offences, remove the licensing system and move to regulate the industry through existing agencies." From 1 December 2023, a sex services business will be able to operate exactly the same way as any other business in Victoria. New Zealand New Zealand became the first country to decriminalize prostitution in June 2003 with the passage of the Prostitution Reform Act 2003. The purpose of this law was to "decriminalise prostitution (while not endorsing or morally sanctioning prostitution or its use); create a framework to safeguard the human rights of sex workers and protect them from exploitation; promote the welfare and occupational health and safety of sex workers; contribute to public health; and prohibit the use of prostitution of persons under 18 years of age." Further, "sex workers in New Zealand are beginning to assert their rights now that the stigma associated with sex work has begun to decrease" as demonstrated by a sex worker successfully prosecuting a brothel owner for sexual harassment by her employer. Washtenaw thus became the first county in the United States to decriminalise sex work, and the first outside Nevada to legally allow sex work, with Oakland County Chief Assistant Prosecutor David Williams indicating he wanted to follow Washtenaw's example. Montpelier, Vermont On 22 June 2022, the city council of Montpelier, Vermont, pushed for the decriminalization of sex work and the repeal of a local ordinance that prohibits prostitution. On 24 August 2022, Montpelier repealed its prostitution ordinance and is the second city in Vermont to do so. == See also ==