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.
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 sex worker-led observational report on the first year of the court project
In 1999, the Swedish government embarked on an experiment in social engineering1 to end men’s practice of purchasing commercial sexual services. The government enacted a new law criminalizing 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.
This report deals with the various forms of exploitation experienced by migrant women in the labour market and how legislation designed to police immigration and prevent trafficking often fails to protect these vulnerable women. The report also examines the role of the media in objectifying migrant women through their often negative, stereotypical portrayals.
The present article was written by a member of NSWP.
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 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 paper, written by Phil Marshall, briefly raises some issues around the demand side of trafficking, initially focusing on demand relating to exploitative labour practices and then discussing issues around demand contributing to exploitation for sexual purposes. It is very much an opinion piece, intended to promote discussion.
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 analysis on indoor sex work settings in seven European cities and a manual on examples of good practices in the work with sex workers. The manual has two objectives: To provide an analysis on local level of the indoor prostitution scene, and to present examples of good practice for service providers regarding the implementation of new outreach methodologies in order to encourage a broader development of comprehensive indoor outreach services.
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 paper critically examines the current strategies employed by both governmental and non-governmental agencies (NGO's) to address the issue, focusing on their impact on the women affected. The guidiing principle is that anti-trafficking instruments should not only be in line with the protection of human rights, but should also care not to create or exacerbate existing situations that cuase or contribute to trafficking by instituting policies and practices that further undermine the rights of the concerned groups, in particular women. This paper includes sections on:
This article focuses on the existing legal approaches to prostitution, the moral and ideological presumptions underlying the different legislative models and their impact on the working and living conditions of women and men working in the sex industry. It will also touch on the current debate on sex work, including the views of sexworkers themselves. Basically, four different legal regimes can be discerned - prohibitionist, abolitionist, regulamentarist, and labour approaches.
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.
This article details the passage and possible use of the Trafficking Victims Protection Act (TVPA), passed in the fall of 2000 in the United States of America. Unlike previous legislation, which tended to focus exclusively on the sex industry, the Act’s definition of trafficking has a wider scope, and also includes workers in sweatshops and other types of Employment. You can download this 42 page PDF resource above. This resource is in English
This article documents the experiences and working conditions of women who travel periodically from their countries to Istanbul to undertake sex work, and discusses the policy debates failure to address the poor living conditions of migrant sex workers by addressing abusive and restrictive immigration policies, and by decriminalising undocumented sex work.
You can download this 193 page PDF resource above. This resource is in English.
The Trafficking Victims Protection Act of 2000 has been presented as an important tool in combatting the exploitation and abuse of undocumented workers, especially those forced into prostitution. Through a close reading of the legislation and the debates surrounding its passage, this article argues that the law makes strategic use of anxieties over sexuality, gender, and immigration to further curtail migration.
The global flow of money, goods, culture and ideas has been accompanied by a global flow of people. Yet, with increasing migration levels, also various exploitative and abusive forms of migration have become more prevalent. Attention for the topic of trafficking in migrants has found so far most resonance within human rights organizations, numerous non-governmental and international organizations, bodies and lobby networks, as well as in sensationalist media.