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Tag Archives: Law and Public Policy

Aminda M. Smith, ‘The Dilemma of Thought Reform: Beijing Reformatories and the Origins of Reeducation through Labor, 1949–1957’, Modern China 39(2) (2013): 203–234. 
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Abstract
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This article explores the efforts of the early People’s Republic of China (PRC) to intern and reform beggars, prostitutes, and other socially marginalized individuals as important precursors to the post-1957 system of Reeducation through Labor. It links a case study of local practice in Beijing to central government discussions about policy formulation to trace a series of co-constituted changes in the practical methods associated with thought reform as well as in the way PRC reeducators perceived the nature of their targets. It argues that Reeducation through Labor, as moniker and practice, was forged through the many contradictions between real idealism and practical reality that were discussed, debated, but never entirely resolved by the earliest PRC reeducators.

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The military camptown in South Korea is a legacy of colonialism and a symbol of national insecurity in Korean history. From September 1945, when US troops arrived on the Korean peninsula for a transfer of power from the Japanese colonial empire, until the present day, the presence of American soldiers and military bases has been a familiar feature of Korean society. The purpose of this article is to trace the history of the US military camptown in Korea, adding the intersection of hidden stories of women’s experiences. Based on an analysis of life stories of 14 former prostitutes and other primary and secondary sources, this article explores the ways in which the Korean government cooperated with US (military) interests in the systematic construction and maintenance of a system of camptown prostitution in the period from 1950 to 1980, with changes in policy from tacit permission to permissive promotion and then active support. During this process, women in camptowns experienced absurd, unjust and contradictory sociopolitical changes relating to international relations and national policies, as well as community attitudes toward and treatment of them in their vulnerable state. However, these women were neither absolute sexual objects nor helpless victims. Women in camptowns managed to carve out spaces for themselves and change their material conditions, cultural identities, and even their legal status, demonstrating their struggle for survival. In this way, women in camptowns represent a symbol of transgression against both androcentric Korean society and ethnocentric nationalism.

Brown, K., & Sanders, T. (2017). Pragmatic, Progressive, Problematic: Addressing Vulnerability through a Local Street Sex Work Partnership Initiative. Social Policy and Society, 1-13. doi:10.1017/S1474746416000634

Abstract

Whilst it remains a criminal activity to solicit sex publicly in the UK, it has become increasingly popular to configure sex workers as ‘vulnerable’, often as a means of foregrounding the significant levels of violence faced by female street sex workers. Sex work scholars have highlighted that this discourse can play an enabling role in a moralistic national policy agenda which criminalises and marginalises those who sell sex. Yet multiple and overlapping narratives of vulnerability circulate in this policy arena, raising questions about how these might operate at ground level. Drawing on empirical data gathered in the development of an innovative local street sex work multi-agency partnership in Leeds, this article explores debates, discourses and realities of sex worker vulnerability. Setting applied insights within more theoretically inclined analysis, we suggest how vulnerability might usefully be understood in relation to sex work, but also highlight how social justice for sex workers requires more than progressive discourses and local initiatives. Empirical findings highlight that whilst addressing vulnerability through a local street sex work multi-agency partnership initiative, a valuable platform for shared action on violence in particular can be created. However, an increase in fundamental legal and social reform is required in order to address the differentiated and diverse lived experiences of sex worker vulnerability.

Mulvihill, N. (2017). The criminalisation of paying for sex in England and Wales: How gender and power are implicated in the making of policy. Journal of Public Policy, 1-25. doi:10.1017/S0143814X16000295

Abstract

This article considers how gender and power are implicated in how prostitution policy is translated from initial proposal to enactment in law. The analysis brings together Freeman’s proposal for “policy translation” (2009) and Connell’s work on “hegemonic masculinity” (1987 with Messerschmidt 2005) to examine Hansard and other United Kingdom Parliament documents relating to Clause 13/14 of the Policing and Crime Bill 2008–2009, a proposal to criminalise the purchase of sex in England and Wales. It is argued here that hegemonic masculinity is implicated in how “responsibility” and “exploitation” in relation to sex purchase are disputed and defined within the Parliamentary debates on Clause 13/14, and this in turn informed the version of criminalisation that emerged as authoritative. This article reflects finally on how far mapping the translation of policy can elucidate the operation of gender and power within the policy process.

Full article available here. 

Dina Francesca Haynes, The Celebritization of Human Trafficking, in: The ANNALS of the American Academy of Political and Social Science, Vol 653, Issue 1, pp. 25 – 45.

Abstract

Human trafficking, and especially sex trafficking, is not only susceptible to alluring and sensational narratives, it also plays into the celebrity-as-rescuer ideal that receives considerable attention from the media, the public, and policy-makers. While some celebrities develop enough expertise to speak with authority on the topic, many others are neither knowledgeable nor accurate in their efforts to champion antitrafficking causes. Prominent policy-makers allow celebrity activists to influence their opinions and even consult with them for advice regarding public policies. Emblematic of larger, fundamental problems with the dominant discourse, funding allocations, and legislation in current antitrafficking initiatives in the United States and elsewhere, celebrity activism is not significantly advancing the eradication of human trafficking and may even be doing harm by diverting attention from aspects of the problem and solution that sorely require attention.

Also see:

https://www.opendemocracy.net/beyondslavery/dina-haynes/when-human-trafficking-becomes-cause-celebre

Rachel Marshall, Sex Workers and Human Rights: A Critical Analysis of Laws Regarding Sex Work, 23 Wm. & Mary J. Women & L. 47 (2016), http://scholarship.law.wm.edu/wmjowl/vol23/iss1/5

From:

2016 Special Issue: Combating Human Trafficking Through Law and Social Policy, William & Mary Journal of Women and the Law, Volume 23 (2016-2017), Issue 1 (2016)