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Della Giusta, Marina & Di Tommaso, Maria Laura & Jewell, Sarah & Bettio, Francesca, 2019. “Quashing Demand Criminalizing Clients? Evidence from the UK,” IZA Discussion Papers 12405, Institute of Labor Economics (IZA).
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Abstract
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We discuss changes in the demand for paid sex accompanying the criminalization of prostitution in the United Kingdom, which moved from a relatively permissive regime under the Wolfenden Report of 1960, to a much harder line of aiming to crack down on prostitution with the Prostitution (Public Places) Scotland Act 2007 and the Policing and Crime Act of 2009 in England and Wales. We make use of two waves of a representative survey, the British National Survey of Sexual Attitudes and Lifestyles (Natsal2, conducted in 2000-2001 and Natsal3, conducted in 2010-2012) to illustrate the changes in demand that have taken place across the two waves. We do not find demand decreasing in our sample and find a shift in the composition of demand towards more risky clients, which we discuss in the context of the current trends towards criminalization of prostitution.
Full article available here.
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While much has been said about the risks and safety issues experienced by female sex workers in India, there is a considerable dearth of information about the difficulties and problems that sex work researchers, especially female researchers, experience when navigating the highly political, ideological, and stigmatized environment of the Indian sex industry. As noted by scholars, there are several methodological and ethical issues involved with sex work research, such as privacy and confidentiality of the participants, representativeness of the sample, and informed consent. Yet, there has been reluctance among scholars to comment on their research process, especially with regard to how they deal with the protocols for research ethics when conducting social and behavioral epidemiological studies among female sex workers in India and elsewhere. Drawing on my 7 months of field-based ethnographic research with “flying” or non-brothel-based female sex workers in Kolkata, India, I provide in this article a reflexive account of the problems encountered in implementing the research process, particularly the ethical and safety issues involved in gaining access and acceptance into the sex industry and establishing contact and rapport with the participants. In doing so, it is my hope that future researchers can develop the knowledge necessary for the design of ethical and non-exploitative research projects with sex workers.

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Abstract
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There is a notable shift toward more repression and criminalization in sex work policies, in Europe and elsewhere. So-called neo-abolitionism reduces sex work to trafficking, with increased policing and persecution as a result. Punitive “demand reduction” strategies are progressively more popular. These developments call for a review of what we know about the effects of punishing and repressive regimes vis-à-vis sex work. From the evidence presented, sex work repression and criminalization are branded as “waterbed politics” that push and shove sex workers around with an overload of controls and regulations that in the end only make things worse. It is illustrated how criminalization and repression make it less likely that commercial sex is worker-controlled, non-abusive, and non-exploitative. Criminalization is seriously at odds with human rights and public health principles. It is concluded that sex work criminalization is barking up the wrong tree because it is fighting sex instead of crime and it is not offering any solution for the structural conditions that sex work (its ugly sides included) is rooted in. Sex work repression travels a dead-end street and holds no promises whatsoever for a better future. To fight poverty and gendered inequalities, the criminal justice system simply is not the right instrument. The reasons for the persistent stigma on sex work as well as for its present revival are considered.

Authors: Jacqueline Lewis, Eleanor Maticka-Tyndale, Frances Shaver & Heather Schramm, 2005

Citation (APA): Lewis, J., Maticka-Tyndale, E., Shaver, F. & and Schramm, H. (2005). Managing Risk and Safety on the Job: The Experiences of Canadian Sex Workers. Journal of Psychology and Human Sexuality, 17(1/2), 146-167.

Abstract:

This paper reports results from a study of sex work occupations conducted in a large city in Canada that included women, men, and transsexual/transgender (TS/TG) sex workers. Descriptions of work provided by participants (escorts, exotic dancers, masseuses, and street workers) were used to examine how risk and safety were experienced and managed within the Canadian legal context. Three dimensions of the structure of sex work were identified as factors that influenced the management of risk and safety: its location on- or off-street, its organization on an out- or in-call basis, and whether it was conducted independently or for a club, massage parlor or escort agency. Gender and perceptions of stigma and risk interacted with these dimensions in such a way that men, women and TS/TG workers experienced and managed risk and safety differently.

Keywords: sex workers, escorts, exotic dancers, risk, safety

Read the full article here: http://myweb.dal.ca/mgoodyea/Documents/Health%20and%20wellbeing/Managing%20risk%20and%20safety%20on%20the%20job%20-%20The%20experiences%20of%20Canadian%20Sex%20Workers%20Lewis%20J%20Psych%20Hum%20Sex%202005%2017%201-2%20147-67.pdf

Author: Pivot Legal Society, 2006

Citation (APA):

Pivot Legal Society (2006). Beyond Decriminalization: Sex Work, Human Rights and a New Framework for Law Reform. Vancouver.

Executive Summary:

Sex workers are entitled to the same human rights standards that are afforded to other members of Canadian society. However, as a result of the current criminal laws relating to adult prostitution, sex workers are forced to live and work in conditions where they experience systemic discrimination, exploitation and violence, and where their constitutional rights are infringed. Pivot’s 004 report, Voices for Dignity: A Call to End the Harms Caused by Canada’s Sex Trade Laws, argued that sex workers’ right to expression, life, liberty, security of the person, and equality, as enshrined in
the Canadian Charter of Rights and Freedoms, are routinely violated.

Significant improvements to the working and living conditions of sex workers are not possible without the repeal of s.s 0, , (), (3) and 3 of the Criminal Code of Canada. In anticipation that Canada will one day recognize and carry out this important legislative reform, this report moves beyond the issue of criminal law reform to examine areas of law that become relevant and applicable in a decriminalized context. The analyses and findings set out in Beyond Decriminalization are intended to encourage Canadians to consider how reform of other areas of law and policy can be used to end the violence, discrimination and other human rights violations faced by sex workers.

One example of an area of legislation that will be highly relevant if sex work is decriminalized is employment and labour law. This report examines how employment and labour standards can be used to provide rights and protections for workers in the sex industry. In addition to this key topic, this report considers other relevant areas of law, including: occupational health and safety, municipal, tax, immigration, human rights, family, company, and social welfare. The findings and analyses presented are grounded in the expert opinions and experiences of sex workers from various areas of the sex industry. Through individual and group discussions with workers and business owners from escort agencies, massage parlours, sole proprietorships and at street level, this report provides a comprehensive analysis of the ways in which many areas of law can be used to improve the safety and protect the rights of sex workers.

The report presents a wide-ranging list of recommendations proposed by sex workers in the course of this research. The following selection illustrates some key aspects of sex workers’ call to action:

  • Provide sex workers with full access to the rights and protections found in the Employment Standards Act and ensure the legislation explicitly protects a sex worker’s right to maintain control over her or his contracts for the provision of sexual services. 
  • Respect the right of sex workers to unionize and provide resources and support to them throughout the process.
  • Involve sex workers in a meaningful way in municipal governance issues, such as business licensing and city zoning, in order to meet the diverse needs of sex workers from various aspects of the industry as well as the interests of communities.
  • Respect the right of sex workers to have fair and equal access to Workers’ Compensation, Employment Insurance as well as other employment benefits.
  • Enact a provision that ensures that refusal to work in the sex industry does not affect a person’s entitlements to Employment Insurance or Income Assistance.
  • Ensure the freedom of sex workers to choose from a range of business structures.
  • Ensure that income earned through sex work is subject to fair and non-discriminatory taxation and that sex workers are not retroactively taxed once their work becomes recognized as a legal activity.
  • Recognize that a parent’s involvement in sex work does not automatically create grounds for the apprehension of a child or loss of custody, and take steps to ensure that sex workers are not subject to discrimination by the Courts or government.
  • Ensure the right of sex workers to access the human rights complaint process and equal opportunities for social citizenship.
  • Ensure that migrant sex workers are afforded the rights and protections found in the Canadian Charter of Rights and Freedoms.

This report is the beginning of an important social dialogue about the role that the law will play in governing the sex industry in Canada. Pivot has argued that criminal law reform is the first step towards a shift from the status quo, where sex workers are subject to extreme levels of violence and social marginalization, to a society where sex workers are empowered to create safe and dignified working conditions. Criminal law reform will be most effectively carried out if all levels of government consider the findings of this research and contemplate how areas of law that fall within their jurisdiction will play a role in creating a safe and legitimate sex industry.

This report also illustrates why sex workers must be provided with a prominent role in the process of law, policy and social reform. Sex workers have a unique insight and expertise regarding their industry, the role it plays in Canadian society, and the ways in which regulatory schemes will impact their business. Above all, law and policy makers should listen to sex workers in order to understand how the laws affect them, which is a necessary step in ensuring that Canada’s laws comply with the guarantees and protections enshrined in the Charter and other human rights instruments.

Read the full report here: https://d3n8a8pro7vhmx.cloudfront.net/pivotlegal/pages/84/attachments/original/1345748276/BeyondDecrimLongReport.pdf?1345748276