1. Introduction

Sex work has a long history, it is the world’s oldest profession. It has been prevalent in a variety of forms since ancient times, often being an occupation which comes to the fore in times of economic crisis or war. It carries a variety of social meanings and has been associated with religious and cultural rites. The status of sex work has often been linked to the socio-economic position of women. In his book The Prostitution of Women and Girls, Barry argues that in times of female oppression, women are likely to resort to sex work because it is a means of best utilizing their sexual and reproductive capacities, over which they may have a comparative advantage. Given this, and the fact that people enter sex work for a variety of reasons, it is crucial not to stereotype sex workers or the reasons why people choose the occupation.

Sex work is not an easy term to define, nor is it one which has a universal meaning. The Oxford Companion to Law suggests that the difficulty in defining sex work arises from the use of the term “prostitution” in law and literature, providing an incomplete term of reference with which to identify the range of work encompassed by sex work. “In most countries anything other than penile/vaginal intercourse in which payment is received is legal–so long as it is not formally solicited as here the crime of prostitute” (Oxford Companion to Law p. 388). Prostitution itself is seen as the exchange of sexual services for money, encompassing a diverse range of activities from phone sex and internet sex to models of escort work which sometimes focus on the provision of non-sexual companionship. A narrow definition of sex work for the purpose of the current essay will be that of prostitution, encompassing the exchange of sex for money.

Sex work is a widespread occupation within contemporary Western society, encompassing a diverse range of activities and individuals, each with a different relationship to law and regulatory practices. This essay will argue that sex work, defined as the exchange of sexual services for money or goods, should be legalized. This is not to suggest that the various forms and implications of sex work are desirable or that the occupation is not without serious problems. However, it will be demonstrated that criminalization of sex work leads to more negative implications than would occur under a system of regulation. Human rights considerations, the health and safety of sex workers, and community welfare are best served through a system which legitimizes sex work and provides for regulation and harm minimization. This policy contradicts the present Victorian response towards sex work, which continues to favor a strategy of repression and eradication.

1.1. Definition of sex work

I then proceed to discuss society’s perception of sex work as deviant or ‘immoral’ behavior. I explain that this perception stems from dominant cultural and religious values and has been reinforced through the criminalization of sex work itself. I explain that this attitude forces sex workers to work in secret or in isolation, using greater unsafe practices and hindering their ability to negotiate safe sex practices with clients. This, in turn, only serves to enforce the notion of sex work as deviant – a self-fulfilling prophecy that only serves to legitimize the discrimination and violence directed at sex workers. I explore the implications this has on society’s perceptions of sex workers as individuals, which are often based on stereotypes of drug addiction, poverty, and mental illness. I conclude that changes in stigma and social attitudes towards sex work are prerequisites to changes in legislation, legal rights, and social policy.

In this section, I begin by discussing the controversial nature of sex work. The terminology used by Western society to label those who sell sexual services has changed several times over the past century, going from ‘prostitute’ to ‘sex worker’ in an attempt to remove the stigma associated with the activity. I explain that for the purpose of this paper, the terms ‘sex work’ and ‘prostitution’ will be used interchangeably to refer to any situation in which money exchanges hands for a sexual service. This is to ensure a broad definition of the types of activities sex workers engage in, as the term prostitution does not fully encompass the nature of all sexual services provided for payment. I discuss that the term sex work is used to describe all prostitution as a form of labor, and that it supports the rights and self-determination of the individual selling sexual services.

1.2. Historical perspective

The medieval period saw the first major attempt by the state to supervise the personal lives of its citizens. Prostitution was well established as an institution in Western Europe, deriving from both pre-Christian and Christian attitudes to female sexuality. Aristotle had thought it a necessary safety valve for the male population. At the Council of Vienna in 1358, the church agreed to tolerate brothels under state supervision as a lesser evil than uncontrollable, clandestine prostitution, and this policy was continued in trials such as the one by public brothel in Bologna, set up by papal decree in 1492 (Bullough and Bullough, 1994). This was a rare concession by the church to the pragmatic needs of its flock, for much of its teaching had been hostile to the institution and it had often been suppressive in its attitudes to unlicensed or irregular sex. The twin peas of unregulated sex outside of marriage and the spread of venereal disease aroused the ire of the clergy, and legal sanctions against prostitution intensified all over Europe from the sixteenth to the eighteenth century. The Reformation’s emphasis on social morality led to further suppression, and countries which remained Catholic underwent similar reactions in the Counter-Reformation. France typifies the vacillation between tolerance and condemnation, with reglementation from the 16th to the 18th centuries, outright abolition during the Revolution and Napoleonic era, reinstatement by the police from 1802 to its revocation in 1946 (Bey, et al., 2003).

At different periods over the past thousand years, the attitude of the state has oscillated between intimidation and permissiveness; and in modern times, too, there have been striking changes in national attitudes within Europe. This suggests that the potential for simple binary comment is limited (Lane, 2002).

1.3. Current legal status

Sex work is illegal in most countries. The degree of illegality varies though, and some countries have specific provisions that are aimed at sex work. These provisions can fall under a number of distinct categories, such as public order offences, revenue (tax) offences, specific restrictions for sex workers and their clients, and immigration offences. The more of these laws a country has, the more complex these laws become to enforce. However, none of these laws are aimed at reducing the exploitation of sex workers, and for the most part, enforcement of these laws commonly results in the displacement to more hidden areas and the creation of health and safety issues for sex workers. This is illustrated by the typical law enforcement strategy of periodic crackdowns on sex work. While such laws remain on the statute books in many countries, only Canada has made a serious attempt to reduce the number of laws and simplify the legal treatment of sex work. There are only a few countries that have fully legalised sex work (The Netherlands and Germany being notable examples). Coming from the liberal school of thought, The Netherlands fully legalised sex work in October 2000. Since then, all prostitution is subject to local authority permits, and there are state health checks for sex workers. Other regulations include the outlawing of brothels that do not have the appropriate licenses, and an individual may be required to undergo a medical examination in order to work as a sex worker. Prostitution is also legal in Germany, and both states have a reputation for having migration from countries with high sex work exploitation rates. It could be argued that fully legalising sex work may be a way to reduce the exploitation of foreign sex workers in the long term, as it may be harder to force someone into sex work in a fully legal environment, than in one where it is illegal. Unfortunately, due to EU law on freedom of movement for workers, this has also led to an inflow of illegal immigrants, particularly from Eastern Europe. The migration of foreign sex workers has led to increased reports of some of these workers working in forced prostitution, demonstrating the complex effects of migration in a legal environment.

2. Arguments in Favor of Legalization

2.1. Empowerment and autonomy

2.2. Health and safety regulations

2.3. Economic benefits

3. Arguments Against Legalization

3.1. Exploitation and human trafficking

3.2. Moral and ethical concerns

3.3. Societal implications

4. Comparison of Legalization Models

4.1. Full legalization

4.2. Decriminalization

4.3. Regulation and licensing

5. Case Studies of Legalization

5.1. Netherlands

5.2. Germany

5.3. New Zealand

6. Impact on Public Health

6.1. Access to healthcare services

6.2. STI prevention and control

6.3. Substance abuse and harm reduction

7. Impact on Sex Workers’ Rights

7.1. Labor rights and protections

7.2. Violence and exploitation prevention

7.3. Access to justice

8. Social Stigma and Discrimination

8.1. Stigmatization of sex workers

8.2. Intersectionality and marginalized communities

8.3. Educational campaigns and awareness

9. Regulation and Oversight

9.1. Licensing and registration

9.2. Zoning and location restrictions

9.3. Monitoring and enforcement

10. International Perspectives

10.1. Global approaches to sex work

10.2. Human rights considerations

10.3. International conventions and treaties

11. Conclusion

11.1. Summary of arguments

11.2. Recommendations for policy-makers

FAQs

 

1. Should sex work be legalized?

2. Does legalization improve the safety of sex workers?

3. How can we regulate sex work to prevent exploitation?

4. What are the ethical considerations of sex work legalization?

5. Does sex work legalization promote human trafficking?

6. How can we address the stigma associated with sex work?

7. What role should law enforcement play in regulating sex work?

8. Can sex work ever be a truly consensual profession?

9. How does sex work legalization impact public health?

10. What are the long-term implications of legalizing or criminalizing sex work?