December, 2011

The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation's Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her "position of vulnerability" in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.

The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.

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October 22, 2011

This 2011 article by Catharine A. MacKinnon in Harvard Civil Rights-Civil Liberties Law Review Volume 46, pages 271-309, takes on the challenging issues currently being debated regarding prostitution and supporting the Nordic model, which she and Andrea Dworkin conceived.

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2008

Strongly criminalizing johns is the most effective legal approach to date to the harms of violence and exploitation that prostitution inflicts on those used in it. Many countries, some states, and international law support this approach, which San Francisco could readily adopt, along with other legal and social initiatives building on existing law, policy, and service institutions.

Women, men, and the transgendered who are selling sex should be the only persons in the prostitution transaction who are decriminalized. Johns, pimps, and traffickers (buyers and sellers) should be criminalized.

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Government Office of Sweden
October, 2010

Prostitution and human trafficking are sustained by demand. Prostitution and human trafficking for sexual purposes represent a serious obstacle to social equality, to gender equality and to the enjoyment of human rights. Trafficking profoundly violates human dignity and the right of individuals to decide over their own lives and their own bodies. The victims are primarily women and girls, but men and boys are also being exposed to prostitution and human trafficking for sexual purposes. Studies show that it is mostly men who purchase sexual services.

Against Prostitution Sweden10-09.pdf

Max Waltman
2010
Prohibiting Purchase of Sex in Sweden: Impact, Obstacles, Potential, and Supporting Escape. Working Papers 2010:3 (Dept. of Political Science, Stockholm University)

This paper analyzes the core reasons for the Swedish law from 1999 which criminalizes purchase of sex and decriminalizes the prostituted person. Sweden's law was passed as part of an omnibus bill against violence against women and recognized prostitution as a form of it. The paper documents this law's impact by comparing data from several recent Swedish studies with the situation in other relevant countries. It finds that the law has significantly reduced the occurrence of prostitution manifolds compared to its neighboring countries. Crucial obstacles to effective implementation are also addressed, particularly in present case law. Some of the critique against the law and disinformation about the law's effects are also commented. Finally, to realize its full potential to support escape from prostitution more efficiently, it is argued that the civil rights of prostituted persons under current law should be strengthened to get damages paid for directly by the tricks/johns for the harm they have contributed to.

Waltman_Stockholm_University_Working_Paper_3_2010.pdf

Myths and Facts about Trafficking for Legal and Illegal Prostitution (March 2009)

1. MYTH: Legalizing prostitution gets rid of its criminal elements - pimps and traffickers.
FACT: Legalizing prostitution benefits pimps and traffickers. It also benefits johns.

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Janine Benedet 2009

Supporters of the prostitution industry want us to believe that women would be safe if men's purchase of women for sex is legalized. In the name of women's security, they are arguing in an Ontario court this week that male johns and pimps have a constitutional right to buy and sell women. They are claiming that prostitution is women's work and that legalizing it would advance women's liberty. Opposition is dismissed as based on “moral panic.” A closer look at the violent reality of prostitution exposes the utter fallacy of these claims.

On the same wonderful evening that Barack Obama was voted in as our next president, Proposition K which would have decriminalized prostitution in San Francisco, was defeated. A strong majority (59%) of the people of San Francisco voted against decriminalized prostitution.

Melissa Farley

1. Violence in prostitution continued after prostitution was decriminalized in New Zealand, according to the New Zealand Law Review Committee.

2. Stigma and prejudice against prostitution, and the shame associated with prostitution, continued since decriminalization of prostitution in NZ.

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Melissa Farley 2008

PRE has documented the harms of decriminalized prostitution on this website for many years. Now, San Francisco voters face a real risk of across-the-board decriminalization of the sex industry. Melissa Farley recently wrote this op-ed piece (October 17, 2008):

Prop K is a Trojan Horse that Would Turn San Francisco into a Sanctuary City for Pimps and Traffickers

Contact: xpalss@shaw.ca

A statement by members of Ex-Prostitutes Against Legislated Sexual Servitude. Includes a version of the statement in French.

"We are women who have been harmed by prostitution. We believe that no amount of changing the conditions or the locations in which we were prostituted could ever have significantly reduced that harm. We experience the normalizing of that harm by calling it “work” insulting at best."

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Melissa Farley 2005

This article describes the social invisibility of indoor prostitution, the lack of evidence suggesting that indoor prostitution is “safe,” and summarizes testimony of women who reported violence in strip club prostitution and warnings about violence from groups promoting indoor prostitution.

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Melissa Farley 2006

This article discusses and analyzes empirical data on the harms of prostitution, pornography and trafficking. This information has to be culturally, psychologically, and legally denied because to know it would interfere with the business of sexual exploitation.

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Janice Raymond 2004

Research, programs, and legislation related to sex trafficking are often premised on the invisibility of the male buyer and the failure to address men’s role in buying and abusing women in prostitution. Governments, UN agencies, nongovernmental organizations (NGOs), and others act as if the male demand for sexual exploitation is insignificant. This article looks at the demand—its meaning, the myths that rationalize why men buy women in prostitution, qualitative information on the buyers in two studies conducted by the Coalition Against Trafficking in Women (CATW)—as well as best practices that address the gender of demand.

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Melissa Farley 2004

With examples from a 2003 New Zealand prostitution law, this article discusses the logical inconsistencies in laws sponsoring prostitution and includes evidence for the physical, emotional, and social harms of prostitution. These harms are not decreased by legalization or decriminalization. The article addresses the confusion caused by organizations that oppose trafficking but at the same time promote prostitution as a justifiable form of labor for poor women. The failure of condom distribution/harm reduction programs to protect women in prostitution from rape, sexually transmitted diseases (STDs), and HIV is discussed. The success of such programs in obtaining funding and in promoting prostitution as sex work is also discussed.

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Gunilla Ekberg 2004

After several years of public debate initiated by the Swedish women’s movement, the Law That Prohibits the Purchase of Sexual Services came into force on January 1, 1999. The Law is the first attempt by a country to address the root cause of prostitution and trafficking in beings: the demand, the men who assume the right to purchase persons for prostitution purposes. This groundbreaking law is a cornerstone of Swedish efforts to create a contemporary, democratic society where women and girls can live lives free of all forms of male violence. In combination with public education, awareness-raising campaigns, and victim support, the Law and other legislation establish a zero tolerance policy for prostitution and trafficking in human beings.

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Esohe Aghatise 2004

This article gives an overview of the problem of trafficking for prostitution in Italy and notes different trafficking dynamics according to countries of origin of the victims. It examines changes in trafficking patterns, various activities carried out by the Italian government and nongovernmental organizations (NGOs) to assist victims, the Italian legal framework used to combat trafficking, and the recent government proposal to legalize brothels. In conclusion, the article suggests strategies to combat prostitution and trafficking. The main emphasis is on the trafficking of Nigerian women and girls to Italy.

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Julie Bindel 2004

In the debate about prostitution, there are those, like the Dutch, who advocate legalising it, and those, like the Swedes, who want to get women off the streets by cracking down on customers and pimps. Julie Bindel investigates the current debate in the U.K.

Janice Raymond 2003

Discussion of ways that legalized or decriminalized prostitution promotes trafficking expands both legal and illegal prostitution, and fails to promote women's health or make them any safer.

This law is a brilliant example of how a truly progressive society addresses prostitution: the law decriminalizes the prostitute but criminalizes customers, pimps, and traffickers. The Swedish government's logic is articulated in this brief article.

Catharine MacKinnon 1993

"The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women." This article discusses the lack of civil rights among those prostituted, and discusses some legal remedies.

Catharine MacKinnon 1993

"The gap between the promise of civil rights and the real lives of prostitutes is an abyss which swallows up prostituted women." This article discusses the lack of civil rights among those prostituted, and discusses some legal remedies.