A sex worker-led observational report on the first year of the court project
A number of people are excluded from the process and benefits of development because of their sexuality. Policies designed to lift people out of poverty, to provide employment and access to crucial services, all too often exclude those who do not conform to ‘normal’ sexual or gender identities. In many countries, this exclusion is also enforced through law.
This Report aims to summarize the arguments for and against the criminalisation of the purchase of sexual services. It first describes the experiences of Swedish and Dutch legal regulation relating to the purchase of sexual services. In Sweden, there is a wish to abolish sex work by way of criminalising the client. In the Netherlands, sex work is allowed within certain limits (only involuntary sex work comes under criminal rules).
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".
This article looks at how legalisation came to the netherlands; what it was intended to do, and what the impact has been on sex workers. In order to answer these lines of enquiry, the article examines what discourses frame the major actors in this debate, starting with a historical overview of Dutch sex work policies throughout the 20th century. Having established the socio-political backdrop of the Netherlands' approach to legalised sex work, the resource discusses how legalisation (or regulationism) "did not solve a number of serious problems in the sex industry".
This reference text seeks to "clarify terms and illustrate examples of alternatives to the use of criminal law as a response to sex work". It provides capsule definitions - with small case-studies or examples - of what a variety of laws and policies look like in terms of their impact on sex work, covering criminalisation, legalisation, and decriminalisation, along with a mini-discussion of other laws that are used against sex workers, such as the criminalisation of HIV transmission, or immigration enforcement.
The Law and Sexworker Health (LASH) team at the Kirby Institute, University of New South Wales were funded by the NSW Ministry of Health to better inform policy considerations, and the National Health and Medical Research Council to investigate if the various approaches across Australian jurisdictions were associated with different health and welfare outcomes for sex workers.
In 1999, the Swedish government embarked on an experiment in social engineering to end men’s practice of purchasing commercial sexual services. The government enacted a new law criminalising the purchase (but not the sale) of sex (Swedish Penal Code). It hoped that the fear of arrest and increased public stigma would convince men to change their sexual behaviour. The government also hoped that the law would force the estimated 1,850 to 3,000 women who sold sex in Sweden at that time to find another line of work.