Don’t Wrong This Women’s Right
Women’s rights should stem from three foundational principles: safety, equality, and, privacy. A law that prohibits the selling of sex inadvertently becomes a violation of all three of these principles, thereby, breaching women’s rights.
To elaborate further, the criminalization of prostitution predominantly affects women’s safety as it has a direct correlation with an increase in human trafficking, violence and sexually transmitted diseases (STD). The safety of women and children, forced into prostitution through trafficking, is severely compromised. The contrarian point that legalization of prostitution will cause an increase in the number of people forced into this situation can be disputed for two main reasons. First, with legalization, the need itself for trafficked sex workers will lessen. “Legal prostitutes are favoured over trafficked ones”
The second reason is that an illegal environment would see a rise of criminal enterprises taking control of the sex worker trade. Established enterprises under an organized system would keep at bay under such circumstances. With the hidden nature of the crime, there would be greater exploitation as the resistance of women wanting to enter the trade will be high and as a result, lead to a growth in women being trafficked against their wishes. The culture of abduction, threat, and identity loss would sustain and grow in these circumstances. With legalization, would come taxation and as a result, help in distancing criminal enterprises who are likely to be on the radar for their actions and force them out of the market. It would pave the way for established enterprises to enter the market and in turn, allow for women to make an informed choice to be part of the industry on their terms. New Zealand illustrates further evidence of the benefit of the legalizing of the sex trade. They reported “no incidence of human trafficking” (Abigail Hall-Blanco, Feb. 19, 2017) after they legalized the selling of sex in 2003.
Violence is another derivative in a situation where prostitution is illegal. Secluded areas become the default territory of work. With the fear of being caught by the police, the obscurity of the surrounds only increases their vulnerability to violence. However, even if arrested, violence may not stop. Over 130 studies conducted in 33 countries illustrate that “sex workers who had been exposed to repressive policing like arrest or in prison were three times more likely to experience sexual or physical violence by clients, partners and other people.” (Umberto Bacchi, Dec. 12 2018) The arrest only heightens the vulnerability of the sex worker to more considerable abuse as the repercussions of reputation loss and fear of more arrests makes people, enterprises, and clients, believe they are in a false position of strength and justify their actions towards greater ill-treatment of the sex worker. The transfer of strength from the client to the sex worker would be possible if prostitution were to be made legal.
The criminalization of prostitution increases the likelihood of the female contracting an STD. This increased probability is because women are less likely to attain the education they need to understand prevention. In a case where this is a legalized industry, it could be a rule that women who wish to take part in prostitution must attend a course/seminar on how to use protection properly and to ensure cleanliness and hygiene. Furthermore, under a legalized situation, the Government could lay down a directive of STD-related health screenings for anyone who wants to hire a sex worker and for the sex worker as well. This health check would keep both parties safe and healthy. Recent evidence from 27 countries in Europe supports this statement. “Countries that have legalized some aspects of sex work, there is a significantly lower HIV prevalence among sex workers compared to those countries where all aspects of sex work are criminalized.”(Avert, Aug. 29, 2017) Therefore, legalizing prostitution reduces human trafficking, violence and, the likelihood of contracting an STD. An increase in women’s safety is the beneficiary.
Secondly, the legalisation of the selling of sex could potentially lead to women having more equality in a step towards increased protection of their rights. It is a big step towards an inclusive society. Any barrier placed on the legalisation of prostitution would do the opposite of this. Bioethical Professor, Peter Singer, states that “Anyone who cares about the health and safety of sex workers — not to mention their rights — should support moves to make it a fully legal industry.”(Peter Singer, Nov. 14, 2016) His words are justified with logic. When something is said to be “legal”, it immediately brings with it a connotation of something that is “correct.” The ‘correctness’ of it, helps in removing the negative associations linked to prostitution which subsequently, manages to empower women with the ability to hold their dignity and gain acceptance in society. Increased acceptance positively correlates with better treatment of the sex worker elevating her rise towards equality.
In addition, when something becomes legal, it also gets rules. Although prostitution would be legal, incidents of sexual interactions without consent, forceful behaviour and refusal to pay, would not be. If any of these actions were to take place under a situation where prostitution is legal, it would embolden the woman to speak up, to fight for and to claim her justice. Under illegal circumstances,
a surrender into silence would be a likely unfortunate reality. For example, prostitution is illegal in the majority of the United States, but this does not mean that it does not occur. In a situation of abuse, a woman would not want to use her Constitutional right to an impartial trial because she would be at risk of incriminating herself. Therefore, making the selling of sex illegal reduces the protection of equality of sex workers in two crucial ways. a) It prevents official rules from being enforced and b) it removes the ability of the female to fight for equality. Conclusively highlighting that legalisation leads to protection and prohibition leads to the infringement of women’s rights.
Lastly, the prohibition of prostitution is an infliction on a women’s right to privacy. The Government should hold no intervention when it comes to deciding the legality of prostitution.
For three main reasons:
1) It is a simple transaction
2) It is a victimless “crime.”
3) Even if it does violate morality, that does not hold enough merit to make it illegal.
It is a basic exchange of a financial incentive for service. It is no different from paying to get one’s nails done. Both parties give consent, one is performing the service, and one is receiving the service and paying for it. “Since when is a simple transaction a crime?”(Wendy C. Garfinkle, MA, MFA, Nov. 4, 2016) It is being deemed as a crime because it questions a code of conduct. However, that argument is based on opinion, and opinion cannot be the basis of criminalisation.
The act of prostitution has no victim if both parties give consent. It is a private decision that is made by the people involved. The fact that no one is getting hurt or negatively affected by it proves that there is no ground to making it illegal. A woman has the right to choose what she wants to do in her private life if it takes place with consent, and without getting hurt or mistreatment. Although her actions might question morality, “judging morality is for churches, employers, family members and peers. It should not be a matter for law enforcement.” (Marshall Frank, Aug. 29, 2015) Testimonial from former sex worker Gaye Dalton further conveys why this is a private matter by stating “I cannot understand why any form of criminal sanction should be considered applicable to the voluntary sale and purchase of sexual services in 2016. This is clearly a private matter in which the state should not seek to legislate…” (Gaye Dalton, Feb. 23, 2016). The questioning of a female sex worker’s transaction and using morality and opinion as a basis of criminalisation becomes an infringement on a woman’s right to privacy.
In conclusion, women have the right to be safe, to have control and to have privacy — prohibition of the selling of sex breaches all three of these rights. The lack of protection available, when prostitution is criminalised compromises women’s safety. The negative association with something being illegal restricts inclusion and the right to women’s equality in society. Criminalising a personal choice- one that takes place with consent- violates a women’s right to privacy. The prohibition of the selling of sex is an apparent infringement of women’s rights.
(Peter Singer, MA, Professor of Bioethics at Princeton University, “The Case for Legalizing Sex Work,” Project Syndicate, Nov. 14, 2016) (Wendy C. Garfinkle, MA, MFA, Crime Analyst at the Broward County Sheriff’s Office, “Here Are the Reasons Why I Think Prostitution Should Be Legalized,” wendycgarfinkle.com, Nov. 4, 2016)
(Marshall Frank, Retired Captain, Metro-Dade Police Department, “Frank: Let’s Legalize, Regulate Prostitution,” floridatoday.com, Aug. 29, 2015)
(Gaye Dalton, Former sex worker, Written evidence submitted to the UK Home Affairs Committee’s Prostitution Inquiry, available from parliament.uk, Feb. 23, 2016)
(Cho, Seo-Young; Dreher, Axel; Neumayer, Eric; “Does Legalized Prostitution Increase Human Trafficking?” World Development, 2013)
(Abigail Hall-Blanco, PhD, Assistant Professor of Economics at the University of Tampa, “Legalized Prostitution Is Safer,”
lasvegassun.com Feb. 19, 2017)
(Umberto Bacchi,” Legalizing prostitution lowers violence and disease, report says,” https://www.reuters.com/article/us-global-womenprostitution/ legalizing-prostitution-lowers-violence-and-disease-report-says-idUSKBN1OA28N, December 12th 2018)
(Avert, “Sex Workers, HIV and AIDS,” avert.org, Aug. 29, 2017)
Image: Hayley Catherine
