Table 1: Legislative Approaches to Adult Prostitution - The Basic Tenets

The Swedish Model
Legalization
Decriminalization
Prostitution is a social ill and a form of men's violence against women (i.e., exploitation). Prostitution is a morally repugnant but inevitable activity between consenting adults. Sex work is a private matter between consenting adults.
REGULATES clients, managers, and owners/operators using the criminal law.

 

Current legislation criminalizes:
  • the purchase of sexual services
  • procurement, making it illegal to work indoors, to work with others, to profit from the sexual labour of others, and to advertise
REGULATES prostitutes and prostitution activities while using the criminal law.

Current legalization practices include:
  • police intervention in licensing of prostitutes
  • compulsory medical check-ups for prostitutes
  • bawdy-houses registered and size limited
  • maintenance of procuring and pimping laws
  • limitations on street prostitution
REGULATES sex workers and sex work activities without using criminal law while recognizing labour rights and responsibilities.

Workers, managers, and business establishments would be regulated using:
  • provincial labour standards legislation
  • occupational, health, and safety codes
  • zoning regulations
  • better business bureaus
  • landlord and tenant acts
  • unionization
  • professional associations
  • human rights codes
BOTH disruptive and non-disruptive activities and abusive and non-abusive behaviours are regulated using criminal law. BOTH disruptive and non-disruptive activities and abusive and non-abusive behaviours are regulated using criminal law. Only the MOST disruptive and abusive activities and behaviours would be regulated using criminal law explicitly designed to deal with them:

  • in the case of disruptive activities (use sections relating to causing a disturbance; indecent acts; intimidation; extortion)
  • in the case of abusive behaviour (use sections relating to coercion; kidnapping; physical assault; sexual assault; theft)
Prostitution remains within the Federal domain.
This likely limits the type of legislation that can be developed by other levels of government in Sweden.
Prostitution remains within the Federal domain.
This severely limits the type of legislation that can be developed by Provincial and Municipal governments.

Prostitution outside the Federal domain.
This leaves fewer (if any limits) on the type of legislation that can be developed by Provincial and Municipal governments.
Currently this model is in use in Sweden (enacted in Jan 1999). The Swedish state has determined that prostitution has to be abolished. Prostitution activities legalized in (for e.g.):
  • Nevada, USA
  • Amsterdam, Netherlands
  • some states in Germany & Australia
Prostitution activities decriminalized in (for e.g.)
  • New South Wales, Australia
  • New Zealand

 

 

Table 2: The Impact of Legislative Approaches to Adult Prostitution Given Several Objectives

Objectives
Impact of each Approach
Swedish Model
Legalization
Decriminalization
1. Respond to Sex Workers' Concerns

1.1. General Concerns:
  • Foster respect and dignity toward SWs, clients & managers
  • Remove stigma from sex work

Possible with respect to women SWs but unlikely since the state wants to abolish prostitution & criminalize clients & managers

Both possible but unlikely since SWs & managers treated differently than other workers & clients often "shamed"

Respect enhanced & stigma reduced for all participants given the focus on labour rights & responsibilities

1.2. Securing Safe Work Locations:
  • Discretion regarding the choice of clients
  • Clearly designated and safe places to provide services

Unlikely (it is more difficult to assess clients; must work underground to avoid detection)

Possible but right to choose not guaranteed

Enhanced (more and safer work places available)

1.3. Health and Well-being:
  • Clean needles for drug users

Possible (may already be available)

Possible (already available)

Possible (would remain available)

  • Condoms easily available
  • Customers willing to use them
Both possible but unlikely (police look for condoms on SWs & clients when collecting evidence against clients) Both possible( but medical checks may lead to less condom use if clients assume it justifies no condom) Both enhanced (safer sex seen as a general issue, not a prostitution issue)
  • Access to health and legal services
Possible (the Swedish state grants extensive rights to health & social services to all but the SW stigma is strong & may inhibit their access) Possible (but only if willing to be licensed) Enhanced (available to all regardless of license)
1.4. Rights to Protection:
  • Labour rights regarding workplace health and safety

Impossible (SW seen as a social ill & as exploitation of women)

Likely overlooked (sex work not seen as a viable occupation)

Possible (sex work seen as a viable occupation)

  • Protection from all forms of violence/abuse when it occurs
Unlikely (reduces street-based violence/abuse but not off-street violence/abuse) Likely overlooked (e.g., easier to charge pimps with "living on the avails") Possible (more appropriate sections of CC likely to be utilized)
1.5. Economic Security:
  • Access to long-term economic security as a sex worker
  • Ability to file taxes based on SW without risking assets

Possible (Swedish society has a greater amount of economic & social equality but this may not apply to SW since the state wants to abolish prostitution)

Possible (but SWs discouraged from saving/investing since it can be used as evidence in criminal cases)

Enhanced opportunities to save and/or invest since sex work a viable occupation.

2. Respond to Residents' Concerns

2.1 General Concerns:
  • Eliminate nuisance & noise of street prostitution
  • Prevent indecent acts in public
  • Eliminate disrespect toward residents

 

Possible (but success for residents under this model puts SWs at greater risk since SW must operate underground)

 

Some locations protected: specific localities will be declared off-limits

 

Most protected: more SWs will be able to work inside taking pressure off street activities

2.2. Securing Safe Neighbourhoods:
  • Eliminate the danger of dirty needles and used condoms
  • Protection for residents and their children from the risk of violence/abuse

Possible (but success for residents under this model puts SWs at greater risk since SW must operate underground)

Some concerns will not be addressed (not all are related to prostitution activities)

Most concerns will be addressed (focus will be on disruptive and dangerous behaviours regardless of their link to the sex industry)

3. Facilitate the implementation of a full array of social programs (Necessary since we cannot depend upon legal reform alone to promote the health and human rights of sex workers or the health of communities.)

3.1. Address sex work as work:
  • Ensure the sex industry operates under the same health & safety rules as other businesses
  • Ensure sex workers have rights, protection, and respect

 

Difficult to promote (SWs seen as victims of abusive men and sex work as exploitation)

 

Difficult to promote (SWs seen primarily as victims of abusive men)

 

Possible (the outlaw status is removed)

3.2. Eliminate stigma & marginalization in police & court responses:
  • Provide education & training for criminal justice personnel
  • Improve relations between police and sex workers

 

Difficult (sex work still highly stigmatized & workers still apprehensive of police)

 

Difficult (sex work stigmatized)

 

Possible (stigma reduced)
3.3. Educate the public & policy makers about diversity
  • Dispel myths about sex work & sex workers
  • Improve relations between residents & sex workers

Difficult (especially since stereotypes about their clients and managers remain)

Difficult (it is generally assumed that these are known & that stereotypes are accurate)

Possible (and essential in order to counteract residents' concerns about sex work)

  • Develop broadly based sexuality education programs

Possible (but unlikely to be supportive of sex work)

Difficult (abusive, disrespectful sexuality generally linked to commercial sex)

Possible (abusive, disrespect-ful sexuality recognized in other sexual transactions)

3.4. Provide economic & organizational support for sex worker organizations
  • Ensure funding is available for further development of information brochures and seminars to educate SWs

Impossible since sex work seen as exploitation & sex workers are not strongly organized

Difficult since they may not be respected or have the public's confidence

Respect & confidence enhanced once sex work is recognized as work

3.5. Facilitate the provision of education and job training
  • Retrain SWs who want out of the industry
  • Provide academic & vocational training for job alternatives

Possible (but only conducted in the context of exiting programs)

Possible (but likely to be conducted in the context of exiting programs)

Enhanced (since likely to be conducted in context of existing education & job training programs)

3.6. Support pan-Canadian research
  • Increase our knowledge about the industry
  • Investigate the broader issues underlying the harms

Possible (but research in Sweden would not be conducted in a work context)

Possible

Enhanced: more likely to be conducted in work context

4. Overall Effectiveness and Appropriateness of each Approach for promoting both the health and human rights of sex workers and the health of communities.

Objectives likely to fail in 7 areas.

Objectives partially successful in 10 areas.

None likely to be fully successful.

Objectives likely to fail in 7 areas.

Objectives partially successful in 10 areas.

None likely to be fully successful.

Failure unlikely in any area.

Objectives partially successful in 9 areas

Objectives fully successful in 8 areas.

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