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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)

 

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Hamish Stewart. The Constitutionality of the New Sex Work LawAlberta Law Review (ALR) 54(1):69-88.

Abstract

In this article, the author considers the constitutionality of Canada’s new law on prostitution: Bill C-36. When the new sex work law was first introduced into Parliament, a number of advocacy groups and commentators argued that it was unconstitutional because of its failure to respond to the concerns raised in Bedford v. Canada, a case where the Supreme Court of Canada struck down the old sex work law on the ground that its negative impact on sex workers’ security of the person outweighed its nuisance abatement objective. This author agrees that Bill C-36 may be unconstitutional, but for a different reason. The new sex work law adheres to the constitutional norms invoked in Bedford by making use of two novel policy objectives: discouraging sex work and reducing the danger of sex work to sex workers. In practice, however, these objectives are likely to conflict with one another. As a result, Bill C-36 is an incoherent piece of legislation that may be unconstitutional for creating arbitrary and grossly disproportionate effects on the security of the person of sex workers.

Wright, Micah. “‘Protection against the Lust of Men’: Progressivism, Prostitution and Rape in the Dominican Republic under US Occupation, 1916–24.” Gender & History 28, no. 3 (November 1, 2016): 623–40. doi:10.1111/1468-0424.12242.
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Abstract
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This article explains the disparity between the United States (US) military government’s efforts to defend and empower local women during the first occupation of the Dominican Republic (1916–24) and its reputation for tolerating sexual assault. It argues that US officials, inspired by a progressive ideology that linked the social, economic and political spheres, set out to reshape Dominican sexual and gender norms as a means to ensure political stability. Yet, these efforts fell victim to both Dominican and US Marines’ conceptions of gender and normative sexuality. Building upon a thriving body of scholarship that addresses the significance of US efforts to redefine Dominican gender norms, this article analyses the military government’s policies towards women and provost courts’ responses to sexual assault. It concludes that, combined with an aggressive anti-prostitution campaign, the military government’s reforms succeeded only in creating an atmosphere favourable to crimes against women. Moreover, rape and the way it was prosecuted revitalised the patriarchal norms that US officials had set out to transform, thus setting the stage for the regime of Rafael Leonidas Trujillo, whose thirty-year dictatorship depended on the conspicuous control of women. Thus, US policies and attitudes not only ensured the failure of progressive reform but also contributed to the ongoing subjugation of the very women the military government had pledged to empower.
Röger, Maren, and Emmanuel Debruyne. “From Control to Terror: German Prostitution Policies in Eastern and Western European Territories during Both World Wars.” Gender & History 28, no. 3 (November 1, 2016): 687–708. doi:10.1111/1468-0424.12245.
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In both World Wars, the German armies enacted a prostitution policy in all the occupied territories of Western and Eastern Europe. Through a comparative study, this article uses archival research in Poland, France, Belgium and Germany as well as existing studies in five languages to examine the continuities and discontinuities in German prostitution policies between the Western and the Eastern territories during both wars. In exploring the question of continuity, we consider the interaction of local authorities with occupation forces and how prostitution policies in Western and Eastern countries differed from the German ‘home front’. Strong continuities existed between the First and Second World War, including a severe backlash against the abolitionist trend in Europe and the extension of regulatory controls beyond the prostitutes to include other ‘suspect’ women, often justified by concerns over the spread of venereal diseases and public morality and health. Despite these continuities, prostitution policies were even more regressive during the Second World War, with the racial ideology of Nazism as the main trigger for the brutalisation of prostitution policies. German authorities pushed the system to greater extremes, overseeing its evolution from control to terror.

Adrienne D. Davis, Regulating Sex Work: Erotic Assimilationism, Erotic Exceptionalism, and the Challenge of Intimate Labor, 103 Cal. L. Rev. 1195 (2015). Available at: http://scholarship.law.berkeley.edu/californialawreview/vol103/iss5/3

Abstract

Most commentators on sex markets focus on the debate between abolitionists and those who defend and support professional sex work. This Article, instead, looks at debates within the pro-sex-work camp, uncovering some unattended tensions and contradictions. Some within this camp stress the labor aspect, urging that sex markets perpetuate a “vulnerable population” of workers and should be regulated like other forms of risky and/or exploited labor. In this view, sex work would be assimilated into existing labor regulatory frameworks. Others, though, take a more antiregulatory stance. They exceptionalize this form of labor, arguing that because it is sexual it should be exempt from state scrutiny and interference, claims that can quickly sound libertarian. While both camps agree that professional sex work should be decriminalized, when turning from the criminal to the regulatory perspective, erotic assimilationists and erotic exceptionalists could not be more opposed. The Article contends that neither of these views is satisfactory. Sex work could very well be legalized and regulated—if we have the political and moral will to do so. Ultimately, this Article breaks hard with erotic exceptionalism and slightly less so with erotic assimilationism to explore a regulatory structure that might govern sex markets. While many sex work regulations could fit into the current legal frameworks that govern workplaces, I contend that there are unique characteristics of sex work that make it much harder to assimilate into current regulatory regimes, especially in the controversial realm of antidiscrimination law.

Tripti Tandon, Gabriel Armas-Cardona, Anand Grover (2014): Sex Work and Trafficking: Can Human Rights Lead Us Out of the Impasse?, Health and Human Rights Journal. Accessed June 12, 2015.

Sex work and its relationship to trafficking is one of the more divisive policy issues of our times, as seen in the ongoing debate in Canada over a bill that views prostitution as inherently dangerous, affecting vulnerable women and offending their dignity.[1]At the risk of over-simplification, the two perspectives on sex work are: i) it is seen as a cause or consequence of, or akin to, trafficking, exploitation, and violence: ii) it is seen as consensual sex between adults for money or other valuable consideration, distinct from trafficking. Although there has been an impasse resulting from the divergence of these views, there is increasing recognition that the reality is complex and individualized; people experience sex work across a spectrum between compulsion, constrained decisions, and choice.

Full text available here.