In April 2016, France adopted a new law enshrining a conception of prostitution as a form of violence against women that needed to be ‘abolished’ and setting up a complex policy framework to achieve this end. This framework comprises a criminal justice ‘pillar’ dedicated to prohibiting and punishing the purchase of sexual services, and a social service ‘pillar’ dedicated to providing financial and social support to individuals involved in selling sex—uniformly assumed to be women and systematically considered to be victims. The new policy was supposed to break from 70 years of symbolic politics characterised by ambiguous regulation, low political attention, and lax policy implementation. Drawing on documentary and interview data, and using the Gender Equality Policy in Practice framework to determine the policy’s current and potential impact on women’s rights and gender equality, this article argues that implementation of France’s new anti-prostitution policy is currently at a critical juncture. Budget reductions, a lack of central state steering, and competing policy priorities are contributing to hollowing out the policy of its capacity to support individuals wishing to exit prostitution while possibly deteriorating the working conditions of those who cannot or do not wish to exit.
Hoefinger, Heidi, Jennifer Musto, P. G. Macioti, Anne E. Fehrenbacher, Nicola Mai, Calum Bennachie, and Calogero Giametta. 2020. ‘Community-Based Responses to Negative Health Impacts of Sexual Humanitarian Anti-Trafficking Policies and the Criminalization of Sex Work and Migration in the US’. Social Sciences 9 (1): 1. https://doi.org/10.3390/socsci9010001.
System-involvement resulting from anti-trafficking interventions and the criminalization of sex work and migration results in negative health impacts on sex workers, migrants, and people with trafficking experiences. Due to their stigmatized status, sex workers and people with trafficking experiences often struggle to access affordable, unbiased, and supportive health care. This paper will use thematic analysis of qualitative data from in-depth interviews and ethnographic fieldwork with 50 migrant sex workers and trafficked persons, as well as 20 key informants from legal and social services, in New York and Los Angeles. It will highlight the work of trans-specific and sex worker–led initiatives that are internally addressing gaps in health care and the negative health consequences that result from sexual humanitarian anti-trafficking interventions that include policing, arrest, court-involvement, court-mandated social services, incarceration, and immigration detention. Our analysis focuses on the impact of criminalization on sex workers and their experiences with sexual humanitarian efforts intended to protect and control them. We argue that these grassroots community-based efforts are a survival-oriented reaction to the harms of criminalization and a response to vulnerabilities left unattended by mainstream sexual humanitarian approaches to protection and service provision that frame sex work itself as the problem. Peer-to-peer interventions such as these create solidarity and resiliency within marginalized communities, which act as protective buffers against institutionalized systemic violence and the resulting negative health outcomes. Our results suggest that broader public health support and funding for community-led health initiatives are needed to reduce barriers to health care resulting from stigma, criminalization, and ineffective anti-trafficking and humanitarian efforts. We conclude that the decriminalization of sex work and the reform of institutional practices in the US are urgently needed to reduce the overall negative health outcomes of system-involvement. View Full-Text
Jones, Angela. ‘Where The Trans Men and Enbies At?: Cissexism, Sexual Threat, and the Study of Sex Work’. Sociology Compass 2020. https://doi.org/10.1111/soc4.12750.
In this article, I examine the existing research on transgender sex workers and explore how cissexism and sexism overlap and shape this work. Overall, researchers assume that all trans sex workers are women, and all male sex workers are assumed to be cisgender. Transmasculine and other gender non‐conforming sex workers are absent from studies of sex work. Researchers in public health and criminology dominate the literature and this research is limited because it focuses only on trans women and because it focuses primarily on disease and trauma, and almost exclusively on HIV. The literature I examined treats transgender women as a public health “problem” to be solved, rather than addressing their experiences and needs as workers and as people in our society. I argue that in order to have useful applied and policy implications aimed at harm reduction, researchers must use a sociological lens to document what structural conditions push and pull people of various genders into sex markets in the first place. Finally, I advocate for the use of queer, intersectional, and transnational frameworks in future lines of inquiries as a way to push the sociological and public health literature on sex work forward in a way that will benefit all sex workers, their advocates, and service providers.
Birgit Sauer (2019). Mobilizing shame and disgust: abolitionist affective frames in Austrian and German anti-sex-work movements, Journal of Political Power, 12:3, 318-338, DOI: 10.1080/2158379X.2019.1669262
This article analyses anti-sex-work mobilization in Austria and Germany since 2014. An affective perspective on the websites of these groups shows how their framings run the risk of establishing a disciplinary regime of governing people, of a restrictive, heterosexist norm of sexuality, and of gender inequality. Abolitionist strategies in the two countries thus produce an affective governmentality excluding those who should not belong to the affective community, i.e. those who do not submit to limiting their sexuality to the private realm of monogamous relationships. Finally, the article suggests that the abolitionist affective mobilisation feeds into the self-affirmation of traditional branches of women’s movements in the two countries.
Ideas, policies and models related to criminal justice often travel between places. How, then, should we make sense of this movement? We make the case for drawing on the policy mobilities literature, which originates in human geography. It is only recently that criminological studies have drawn on small parts of this literature. This article argues for a more expansive engagement with the policy mobilities literature, so that criminal justice researchers focus on concepts such as mobilities, mutation, assemblages, learning, educating and showcasing when studying the movement of criminal justice ideas, policies and models. To illustrate our argument, we will draw on a case study of the adaptation of the ‘Swedish model’ of governing sex work by policymakers in Northern Ireland.
The review, carried out by Queen’s University Belfast, was commissioned by the Department under section 15 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act 2015 which introduced the offence and required a review of its operation after three years.
The review reported on the impact of the legislation on the demand for sexual services, the safety and well-being of sex workers, and human trafficking for the purpose of sexual exploitation.
The review reported that, in the period from June 2015 to December 2018, there had been 15 arrests and two convictions for purchasing sex and 31 arrests and two convictions for human trafficking for sexual exploitation.
Higher numbers of sex workers advertising online in the post law period were reported, rising from 3,351 to 3,973: an increase of 622. An increase in demand for sexual services was also reported by sex workers in the period following the introduction of the legislation. However, on-street prostitution has declined in comparison to previous research, reducing from an estimate of 20 active on-street sex workers operating in Northern Ireland in 2014 to currently less than ten.
The research reported that it is not possible to say that the change in the law is responsible for any increase in crime against sex workers, but a heightened fear of crime has contributed to a climate whereby sex workers feel further marginalised and stigmatised.
The review concluded that the legislation has had minimal effect on the demand for sexual services; and due to the absence of any evidence that demand had decreased, it was unable to determine how the offence could have impacted on human trafficking.
This Article considers the overall regime established by the 2000 Palermo Protocol to demonstrate the manner in which the legal order of States. In so doing, and with special reference to the definition of trafficking, it shows the limited ability of States to actually carry out their avowed wish to suppress the trafficking in persons. Because their jurisdiction over what is termed ‘trafficking’ is different, the ability for the origin, transit, and/or destination countries to ‘join-up’ is rendered unworkable by, for instance, extradition treaties that require crimes to be common to both jurisdictions, or the application of extraterritorial jurisdiction when what is deemed a crime in one jurisdiction is not so in another. Thus, in a very short period of time, legislators around the world have created, under the banner of ‘trafficking,’ an international regime which, through its implementation in the domestic sphere, has fractured its potential effectiveness.
Over the past two decades there has been a growing body of academic and community-based literature on sex workers’ lives and work. However, the discourses, laws, and policies that impact sex workers are continually changing, and critical perspectives are constantly needed. Therefore, this Special Issue of the Anti-Trafficking Review highlights some of the current achievements of – and challenges faced by – the global sex worker rights movement.
Contributors examine the ways in which organising and collectivisation have enabled sex workers to speak up for themselves and tell their own stories, claim their human, social, and labour rights, resist stigma and punitive laws and policies, and provide mutual and peer-based support. The contexts in focus include Canada, Latin America and Caribbean, United States, France, South Africa, India, Thailand and the Philippines.