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Tag Archives: Human Rights

Brunovskis, Anette, und May-Len Skilbrei. „Individual or Structural Inequality? Access and Barriers in Welfare Services for Women Who Sell Sex“. Social Inclusion 6, Nr. 3 (28. September 2018): 310–18. https://doi.org/10.17645/si.v6i3.1534.
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Abstract 
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It is often taken for granted that women who sell sex are vulnerable, that welfare services can and should alleviate this vulnerability, and as such, being defined as ‘vulnerable’ can be beneficial and associated with special rights that would otherwise be inaccessible. At the same time, ongoing debates have demonstrated that establishing individuals and groups as vulnerable tends to mask structural factors in inequality and has negative consequences, among them an idea that the path to ‘non-vulnerability’ lies in changing the ‘afflicted’ individuals or groups, not in structures or in addressing unequal access to resources. In this article, we take this as a starting point and discuss challenges for the welfare state in meeting the varied and often complex needs of sex sellers. Based on qualitative research with service providers in specialised social and health services in Norway, we examine access and barriers to services among female sex sellers as well as how vulnerability is understood and shapes what services are available. An important feature of modern prostitution in Norway, as in the rest of Western Europe, is that sex sellers are predominantly migrants with varying migration status and corresponding rights to services. This has influenced the options available to address prostitution as a phenomenon within the welfare state and measures that have previously been helpful for domestic women in prostitution are not easily replicated for the current target population. A starting point in a theoretical understanding that considers vulnerability to be a human predicament (rather than the exception to the rule or a deficit in individuals or groups) allows for a discussion that highlights the centrality of structural conditions rather than a need for change in the individual. In order to understand the limitations of the welfare state in addressing modern prostitution as such, it is highly relevant to look at the structural origin of vulnerabilities that may look individual.
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Pitcher, Jane. „Intimate Labour and the State: Contrasting Policy Discourses with the Working Experiences of Indoor Sex Workers“. Sexuality Research and Social Policy, 2. März 2018, 1–13.
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Abstract
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Drawing on an interview-based study with indoor-based sex workers of different genders in Great Britain, this paper explores the disparity between dominant policy representations of sex workers and the working lives of people selling intimate services. I argue certain policy discourses reinforce narratives of vulnerability and coercion when discussing female sex workers and responses to perceived ‘problems’ of prostitution and neglect the needs of male and transgender sex workers. I contrast messages in policy discourses with the experiences of sex workers across indoor sectors. My study found considerable diversity in working experiences, influenced by factors such as work setting, personal circumstances and aspirations. While some people may view sex work as a short-term option, for others it represents a longer-term career. For some, sex work may offer greater job satisfaction and control over working conditions than other jobs available. Nonetheless, external constraints sometimes make it difficult for them to work safely. I argue state discourses fail to reflect the diverse experiences of sex workers and undermine their agency, perpetuating disrespect and excluding them from human and labour rights. I suggest the need to consider policy approaches shaped according to varied circumstances and settings, drawing on the expertise of sex workers.


Drawing upon over a decade of research in our respective communities, we argue that the intergenerational socioeconomic insecurities and violence prevalent in the lives of North American street-involved women, their families, and others in their social circles constitute a set of shared precarities. Taking both socioinstitutional and interpersonal forms, shared precarities obviate the women’s rights to access the lived experience and social status of motherhood. Yet they also engender maternal subjectivities reflective of the ambivalence, temporal ambiguity, and interconnections between family and state structures that characterize the women’s child custody arrangements. These maternal subjectivities, and the shared precarities that give rise to them, emphasize how individual members of marginalized communities cope with violence generated by the legitimation of particular family forms and devaluation/criminalization of others.

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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.
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This article describes and discusses the results of two comparative studies of prostitution policy in Europe that are complementary in their design and methodology. One is a comparison of 21 countries using a most different systems design; the other an in-depth comparison of Austria and The Netherlands, using a most similar systems design. The two studies found a remarkable continuity in the inherent approach to the regulation of prostitution and its effects. Despite differences in political regime, administrative organization, and national cultures, since the middle of the 19th century, the purpose of prostitution policy has been to impose strict controls on sex workers and to a lesser extent their work sites. The effects of this approach have been disappointing: despite rhetorical claims to the contrary the control of sex workers has no discernable effect on the prevalence of prostitution in society. The effects of policies aimed at control are mostly negative in that they corrode the human and labor rights of sex workers. The article discusses several challenges to the regulation of prostitution (such as its deeply moral nature and the lack of precise and reliable data) as well a number of other important outcomes (such as the importance of local policy implementation for the effects of regulation). The article concludes with the empirically substantiated suggestion that a form of collaborative governance in which sex worker advocacy organizations participate in the design and implementation of prostitution policy offers real prospects for an effective and humane prostitution policy.

Full article available here. 

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This article uses Jonathan Simon’s concept of ‘governing through crime’ as a framework to argue that the state has framed sex work, and its surrounding problems, as issues of crime. There has been a privileging and proliferation of criminal justice responses to sex work in England and Wales, at the expense of more social or welfare-based responses and at the expense of creating safer environments for sex workers to work. Criminal law is used to manage and control sex work, to reinforce other policies, such as immigration and border control, and to appear to be doing something about the ‘problem’ of sex work without providing rights to sex workers. By framing sex work as an issue of crime, with sex workers being both the perpetrators of crime and the potential victims of exploitative crime, the state is able to legitimise its actions against sex workers, while ignoring the harm done to sex workers by the state.