One of the first comments on that video, which was liked 8, times, declares, "you got paid for sex There are a lot of people out there who do not want to accept the reality that, for the most part, sex workers are just ordinary women who are doing a job they may like or dislike to various degrees for ordinary reasons to pay their rent, or support their kids, or to save up money for future goals.
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Sex trafficking and coerced prostitution have become a growing concern for European nations like Germany, in which prostitution is legal and where the business has grown so much that the prices are falling even as demand rises for additional workers.
The official number of trafficking victims in Europe is about 23,, according to a E. The E. Contact us at letters time. By Alexandra Sifferlin. In this approach buying, selling, or brokering pimping, brothel-keeping, etc. Criminalization policies assume that the illegalization of prostitution deters individuals from soliciting or providing sexual services 20 , Countries such as Iran and most states of the United States are categorized in this approach 5 , The main goal in criminalizing prostitution is not to punish those who engage in prostitution, but to prevent the occurrence of prostitution.
Proponents of this approach believe that prostitution is fundamentally incompatible with human dignity, then it must disappear. They claim that the law of criminalization of prostitution seeks the elimination of this incompatibility In contrast, the opponents of the criminalization approach claim that the criminalization of prostitution presents the possibility of exposure to violence and abuse.
Also, as reported from some states of the United States, the fear of punishment and consequences of prosecution makes it more likely that violence will remain unreported. Violence against prostitutes is associated with misuse or not using condoms and increased risk of STIs, such as HIV Moreover, the punishment strengthens the prostitution stigma by marginalizing the group.
Studies show that this group is exposed to widespread human rights violations, including murder, physical, and sexual violence. Harassment by law enforcement and discrimination in access to healthcare and other care services are also commonly reported 24 , Another disadvantage of criminalization would be social stigma, discrimination, and gender-based violence associated with sex work that forces a sex worker to continue working in the industry.
This discrimination varies according to race, ethnicity, indigenous, and immigrant conditions. There is a distinct overrepresentation of groups who are more likely to be discriminated against, such as, LGBT when viewing the sex worker population Additionally, the criminalization of prostitution tends to further stigmatize its practice and may drive sex workers to operate in a more secret manner, increasing their risk of exposure to violence and abuse.
In most instances, these crimes remain unreported or are reported without consequence or punishment of the perpetrators involved Evidently, criminalization reduces the use of condoms since having a condom is evidence of a decision to commit a crime; therefore, people might refuse to use condoms 26 , Finally, in the criminalization setting, the likelihood of being abused by the police such as sexual demands in lieu of arrest was reported This view refers to the elimination of all laws and penalties which criminalize any part of body in sexual trades.
Several advantages are mentioned for this approach. The decriminalization of sex work would reduce stigma in healthcare settings and communities It protects them against discrimination and violence 30 and provides the possibility to seek support from the health system and law enforcement 18 , In this case, the group can have a peer network and use harm reduction techniques.
They can obtain rights as workers through building community with other sex workers 18 , Besides the above-mentioned advantages, evidence shows some disadvantages to this approach. It defies the principles of equality for women, by leaping from HIV prevention and protection to a call for the decriminalization of buyers of sex, pimps, and brothel owners By full decriminalization, prostitution becomes viewed and framed as a regular job, then the impetus to provide any exiting service disappears In addition, this approach seems to increase street prostitution The last critics would be that full decriminalization has not resulted in reduced trafficking victimization, but led to growth trafficking inflows This approach is famous as the Nordic model, which is applied in Norway, Sweden, and Iceland 19 , 28 , In addition to the aforementioned advantages of full decriminalization, there are additional advantages for partial criminalization.
It is assumed that through applying this approach, the prevalence of street prostitution would be reduced without shifting to other forms of indoor sex work This model facilitates partnerships between sex workers and the government in addressing health and safety issues Furthermore, it has had direct and positive effects in limiting the trafficking of human beings for sexual purposes 3 , Finally, in this model, the number of buyers decreases, and the local prostitution markets become less profitable 3.
The opponents of this approach believe that this could increase the likelihood that a prostitute will end up with a dangerous client Due to the ban on brothels, sex workers are unable to work together, which puts them at greater risk 36 , Also, this framework in a country increases the number of cases buying sex abroad Under legalization, there is a legal market for sex services, but access is restricted by licensing, the operation and management of brothels, soliciting for prostitution, living off the proceeds of a person working in prostitution, and all other sex establishments are under regulation.
The legalization approach assumes that sex workers are part of society that cannot be eradicated through criminalization; thus, they should be regulated This approach was designed to control contagious diseases, violence, assault, and other social disorders.
Germany is a pioneer for accepting this approach, although Austria, Brazil, and some counties in Nevada apply this approach This framework aims to improve the position of sex workers by guaranteeing them the right to choose their work by ensuring their health and safety The licensing system is also enforced by the healthcare system with unobstructed access to brothels In addition, legal measures decrease the risk of sexually transmitted diseases.
It also makes the treatment of HIV be conducted in a shorter period. In fact, the legalization brings a level of public security 4 , Supporters of this approach claim that the legalization of prostitution makes it easier to identify violence, threats, and abuse of involved people compared to the conditions in which they tend to work secretly and contrary to community culture Despite the aforementioned benefits, legalized prostitution industries are associated with a higher reported incidence of human trafficking inflows A legalized system of prostitution often mandates health checks only for women and not for male solicitors.
Evidently, years after the emergence of this approach, it is still not socially acceptable. In fact, legalization might increase the possibility of rejection by family and friends or the possibility of family damage, by becoming aware of their role as a prostitute The opponents of this approach believe that legalization increases the market potential for prostitution. They also claim that classic employers brothel owners, pimps, traffickers, etc. Prostitution is an ongoing concern for healthcare professionals, philosophers, ethicists, lawyers, sociologists, politicians, psychologists, and NGO activists.
As the results showed, this complex multi-aspect phenomenon has its advantages and disadvantages; however, in legislation and policy-making, we must look at the impact of law on various aspects of social life, and we cannot merely focus on one or partial aspects of the law. Sex workers live in the shadow of society, which concerns not only the individuals but also the entire social, economic, and political systems, by illuminating various social inequalities.
Therefore, Amnesty International's statement on the same program of decriminalization for all societies to control prostitution seems simplistic, impracticable, and inadequate, not taking into account the complexities of this issue. Communities and even prostitutes themselves have different responses to these issues, according to different cultural and social contexts In an Australian study, female sex workers preferred to remain anonymous, despite the legality of sex work in the region, and the reason was the possibility of rejection by family and friends or the possibility of family damage in case of their awareness This indicates that even with the legality of prostitution, the practice is socially unacceptable and could reduce family solidarity A German study revealed that following the legalization of prostitution, the poverty-stricken people seeking work in the field of prostitution increased However, it seems that the criminalization of sex work to some extent prevented its infiltration into society, but the legalization approach showed some evidence of increased sex trafficking 42 , 43 , However, partial decriminalization esp.
Swedish model has planned for a kind of social engineering, for example by changing the attitudes and behavior of buyers, but there is a debate about the results 46 - It is expected from any legislative approach to see the entire dynamics of the prostitution phenomenon, not only the prostitute. In that respect, one out of numerous considerations, which require attention, places emphasis on effective multidimensional exiting policy to encourage and facilitate the process of exiting prostitutes from prostitution ; an important aspect that has been neglected by all legal approaches, but in various degrees Lucas, In the legalized and full decriminalized area as evidenced by Germany, Netherlands, and New Zealand where prostitution becomes viewed as a regular job, the motivation and impetus to provide any exiting service disappear.
Also, the criminalization approach is criticized for leading to further marginalization of sex workers, which increases social stigma and leads to victimization. However, sporadic reports from Nordic countries or regional projects, such as Sonagachi, displaying the partial decriminalization approach, suggest the development of an effective exiting strategy and community empowerment 28 , 31 , 36 , Evidently, in the criminalization approach, criminal laws reinforce and exacerbate social deprivation and marginalization of sex workers, which will result in mental illness and the underutilization of health services 8 , The exposure to violence and abuse will increase in the criminalization approach, with decreased condom use and increased prevalence of STDs 23 , 25 , Therefore, according to both partial and full decriminalization and legalization of prostitution, maintaining a prostitute's physical health is more possible.
When people are not afraid of having a condom as evidence of being a prostitute for the police, the likelihood of unsafe sex practices and the chances of STDs will be reduced According to previous studies, prostitutes themselves also confirmed this fact and believed that being in a safe environment without a criminalized approach would guarantee their health However, even in the mentioned approaches, health checks for women only and male buyers are not included.
Therefore, protecting prostitutes against all types of STDs is not guaranteed Regardless of each approach to the prostitution phenomenon, prostitution is not socially acceptable in many socio-cultural contexts, so providing required healthcare for them would be complex 55 , On the one hand, they prefer to be anonymous due to stigma and discrimination, and on the other hand, they have a right to equal access to healthcare 57 , Furthermore, they need more regular care to be checked not only for STDs and blood-borne diseases but also for any mental or other physical problems Therefore, providing a comprehensive healthcare strategy for them could be at odds with a state-wide approach towards prostitution itself It seems that looking at the sex working phenomenon through the lens of legal doctrine shapes the subject too narrowly and is a kind of reductionism.
In this regard, law and legal complex , rather than altering and changing social life is a part, although a key part, of wider processes that constitute it. Even in a postmodern approach, it believes that law and money play key structuring roles, but prostitution is contingent on cultural, economic, and social factors. It appears that there are conflicting reports on the impact of legislation away from criminalization on the reduction of violence against prostitutes; there are other reports of failure of these projects and an increase in women's prostitution and trafficking, and the studies showed contradictory results 4 , 37 , 41 , 43 , 46 , 63 , In this study, researchers from various fields of law, ethics, health policy, and community medicine participated.
Therefore, various aspects of approaches to the phenomenon of prostitution were examined. Examining each legal approach to prostitution reveals that this area of the law is extremely complex, and one cannot adopt or prescribe a single approach to be enforced in every society.
The selection of an appropriate approach for each country is multifactorial, including the economic, social, and cultural conditions, as well as individual and common social interests. Although it seems that partial decriminalization has greater benefits with fewer disadvantages, given that the subsequent preservation or creation of laws against smuggling and sexual offenses is required, the decriminalization approach is not without flaws.
As with any theory of rights, there is a huge gap between law and practice. In these circumstances, more communities must consider reducing the adverse effects of prostitution. In this regard, although there is a legal ban, countries can take control of the extent of the complications by considering some of the mentioned solutions. The most crucial step is to empower prostitutes, by allowing them to remain anonymous and safe by developing an effective exiting strategy.
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