Yale Global Health Justice Partnership (GHJP) has released two complementary analyses on prostitution “diversion” programs (PDPs) in the USA: Diversion from Justice: 'A Rights-Based Analysis of Local ‘Prostitution Diversion Programs’ and their Impacts on People in the Sex Sector in the United States'; and 'Un-Meetable Promises: Rhetoric and Reality in New York City’s Human Trafficking Intervention Courts'. One is national in scope and the other focused specifically on New York City programming.
Jorge Flores-Aranda, Jonathan Bacon, and Claude Poisson provide an overview of the Sex Work Programme at Rézo, an organisation for men who have sex with men in Montréal, Canada. They argue male sex workers demonstrate resilience and resistence through the publication of the magazine the “Cowboy Urbain”. This article was published as a part of Research for Sex Work 15: Resistance and Resilience.
This study gives a legal analysis of the legislative framework and jurisprudence relating to human trafficking in Canada. It also analyses the views of both criminal justice system personnel and SWAN society personnel on the enforcement and use of anti-trafficking legal measures. Contents include:
A “working paper” prepared as background to Building on the Evidence: An International Symposium on the Sex Industry in Canada
This paper is a result of a research programme in Canada’s sex industry: workers and their intimate partners, managers and clients.
On June 4th, 2014 Justice Minister Peter MacKay introduced Bill C-36, the Protection of Communities and Exploited Persons Act. The draft legislation proposes a legal frameworkthat criminalises communication in public for the purpose of prostitution, the purchase ofsexual services, material benefit, and the advertisement of sexual services.
The research project 'Rethinking Management in the Adult and Sex Industry', which led to the resource 'Beyond Pimps, Procurers, and Parasites', highlighted to the researchers that far from the demonised and racialised stereotype of the "pimp", third parties in the sex industry have complex, varied and frequently mundane relationships with sex workers. However, unlike in other industries, third party roles are often criminalised, which impacts upon the ability of sex workers to expect or create a safe working environment.
This resource commences by quoting Ronald Weitzer, who notes "the management of prostitution is one of the most invisible aspects of the trade". It goes on to discuss common prohibitionist discourse around sex work, that situates all possible study on the topic on a continuum between deviance and violence, before highlighting that this limited binary is "diametrically opposed to much of the scholarly literature, and, more importantly, to what sex workers are asserting - namely, that sex work is work".
The article examines how language helps the construction of fictive kinships networks (family-like structures among marginalized populations) amongst Southwestern U.S. street-level sex workers. These networks establish ties and obligations - as well as power structures - between members of the community.
This article offers a historical account and critical assessment of the prostitution-reform debates’ considerable influence on anti-trafficking law and policy development over the last decade. The article exposes the difficulties of translating anti-prostitution ideology, borne out of closely held moral and ethical beliefs, into effective governance strategies.
The Challenge of Change is a collaborative report of the Standing Committe on Justice and Human Rights and the Subcommittee on Solicitation Laws in Canada.
Ownership, Control, Access, and Possession (OCAP) or Self-Determination Applied to Research: A Critical Analysis of Contemporary First Nations Research and Some Options for First Nations Communities
The principles of ownership, control, access and possession (OCAP) crystalise themes long advocated by First Nations in Canada. Coined by the Steering Committee of the First Nations Regional Longitudinal Health Survey, the principles are discussed as an expression of self-determination in research. The key notions outlined in this paper relate to the collective ownership of group information; First Nations control over research and information; First Nations’ management of access to their data and physical possession of the data.
The Canadian state undertook a major restructuring of the immigration and refugee programme in the 1990s, committing itself to creating a new immigration act as part of this process. Trafficking is one major issue that the new act would concern itself with.
An amendment to H.R. 1298, the United States Leadership Against HIV/AIDs, Tuberculosis, and Malaria Act, seeks to deny U.S. funding to organisations that do not have a policy explicitly opposing prostitution. The amendment, which was offered by representative Chris Smith of New Jersey and passed 24 to 22, reads:
This is the judgement of the Ontario Court of Appeal staying the ruling (pursuant to appeal) of Justice Susan Himel in the case Bedford v Canada, where the following sections of the Code were struck down: the common bawdy-house provisions, the living on the avails of adult prostitution offence, and the communication for the purpose of prostitution offence.
This report presents the expert opinions of sex workers and their experiences working within the current legal framework. The affidavits highlight many ways in which Canada’s sex trade laws worsen the already harmful conditions under which sex workers live, add to the stigma of their employment and social position, and support the inference that sex workers are less worthy of value than other members of society. Given this evidence, it is argued that the laws violate the expression, liberty, security and equality provisions of the Charter of Rights and Freedoms. It is found that these violations cannot be justified in a free and democratic society. This report also puts forward recommendations for law reform in Canada.
This report is the beginning of an important social dialogue about the role that the law will play in governing the sex industry in Canada. Pivot has argued that criminal law reform is the first step towards a shift from the status quo, where sex workers are subject to extreme levels of violence and social marginalisation, to a society where sex workers are empowered to create safe and dignified working conditions. Criminal law reform will be most effectively carried out if all levels of government consider the findings of this research and contemplate how areas of law that fall within their jurisdiction will play a role in creating a safe and legitimate sex industry.
This paper addresses the persistence of violence against female commercial sex workers in the United States, drawing on the experiences of the Best Practices Policy Project in conducting outreach, research, and relationship building with diverse commercial sex worker stakeholders.
This report about the human rights of sex workers in the United States was submitted under the following process. Human Rights Council resolution 12/27 "The promotion and protection of human rights in the context of the human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS)", requested the Secretary General to prepare "an analytical study based on comments from Governments, United Nations organs, programmes and specialised agencies, particularly the Joint United Nations Programmes on HIV/AIDS and its co-sponsor agencies, in cooperation with relevant bodies of the United Nations system, including the Office of the High Commissioner and international and non-governmental organisation, on the steps taken to promote and implement programmes to address HIV/AIDS-related human rights".
Letter to the U. S. Department of State. This letter, signed by nine researchers from around the globe and addressed to Ambassador John Miller, provides a response to the facts listed in the Department of State's Fact Sheet on Prostitution and Trafficking, released in 2004. In this letter, the signatories discuss the problems with the fact sheet and it's conclusions,
• Quoted statistics on numbers and types of persons trafficked that cannot be confirmed in legitimate studies of trafficking.
In this article, the author makes the case that the state's proposals for addressing trafficking enable the state to posit itself as responsible for protecting "Canadians" while carefully avoiding any responsibility for the well-being of women who are trafficked; demonize smugglers as the cause of trafficking; and override the concerns and interests of women who are trafficked by making deportation the only "solution" to their presence in Canada.