Tema 7 (2016)Apunte Inglés
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TRAFFICKING IN HUMAN BEINGS
“the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the
threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or receiving of payments or
benefits to achieve the consent of a person having control over another person, for the
purpose of exploitation.”
“Exploitation shall include, at a minimum, the exploitation of the prostitution of others or
other forms of sexual exploitation, forced labour or services, slavery or practices similar to
slavery, servitude or the removal of organs”
Why is this a gender issue?
- Sexual exploitation
Different from smuggling migrants
- Crime For t he offender
- Administrative offence For the smuggled
RESPONSE OF CJS REGARDING TRAFFICKING PERSONS
- Low reporting rates
- High attrition rates Lost cases
- Blaming the victim
o Irregular status
- Implementation of protective measures
- Lack of evidence
- Dramatization of evil
- Moral Crusade against Prostitution
- Blurring the lines
- Mobility of sex workers in European cities (Siegel, 2012)
- Root causes and role of the law in preventing migration
HUMAN RIGHTS APPROACH (BETTIO AND NANDI, 2010)
Human rights advocate for the:
- Freedom to move
- Freedom to choose service
- Ability to use condoms
- Access to medical care
- Protection from abuse
(Except for abolitionist feminists, who consider that prostitution is never “consented”)
PROSTITUTION & STIGMA
“SlutWalk aims to challenge the word ‘slut’ and other degrading words around sexuality and
sexual assault in their current mainstream use. We see language as an integral part of victimblaming and slut-and sex-shaming and something that needs to be discussed”.
BEYOND STIGMA: CRIMINOLOGY AND PROSTITUTION Estimations: - 42 million people in prostitution worldwide - 95% of them are female Why study sex work? - Coerced or consented prostitution - Trafficking in human being (organized crime) - Should adult prostitution be a criminal offence? - Victimization of sex workers - Signal crimes Behaviours that are indicator of crimes. For ex, prostitution is legal but it may lead to other crimes like drug related offences or violent crimes A HEIGHTENED VULNERABILITY Female sex workers are at a far higher risk of violence than any other group of women Active sex workers are almost 18 times more likely to be murdered than women of similar age and race (UK).
Reasons for female sex workers’ vulnerability - perpetrators believe that their attacks will be underreported to police by prostitutes FEMINIST VIEWS ON PROSTITUTION / SEX-WORK Abolitionists (radical feminists) Gendered nature of prostitution Women as sexual objects Contribution to gender violence Pro-rights feminists Women rights over their own bodies Prohibition increases trafficking and vulnerability Abolitionist model is based on a moral view on sexuality LEGAL MODELS ON PROSTITUTION Historically: Prohibitionist model Abolitionist model Regulationist model Nowadays: Abolitionist neo-prohibitionist model Women are not considered criminals but the buyers are.
Abolitionist model Regulationist model It implies certain forms of control CURRENT LEGAL MODELS ON PROSTITUTION IN EUROPE - Abolitionist neo-prohibitionist model: Abolitionist in theory intended to protect women, but in practice, are prohibiting prostitution (street prostitution) - Regulationist model: Prostitutes have to pay their own social security, therefore they don’t have the same security.
ABOLITIONIST NEO-PROHIBITIONIST MODEL Sweden Women as victims Prostitution = Trafficking = VAW - Women are given exit strategies - But foreign women in prostitution are expelled Clients as criminals - fines or imprisonment for buyers (up to 6 months) - in practice, not any case of imprisonment Critics: - Increase of stigmatization of women in prostitution - Only reduces street prostitutionIncrease of clandestine prostitutionrisks & exploitation United Kingdom Prostitution is not illegal, but most of prostitution-related activities are: - offering sexual services in public space is illegal - asking for sexual services is illegal - brothels are illegal, - pimping is illegal, etc.
Critics: - Increases vulnerability of women in prostitution Women are less likely to report crimes they suffer - Leads to more hidden and clandestine prostitution - Decrease in specific services offered to women in prostitution France Regulation model from 18thcentury –2WW 1960abolitionist model 1990’s –2000’s there’s an: - increase of foreign women in prostitution - demand of “cleaning” in diverse neighbourhoods2003 Internal Security Act: Prostitution is not illegal, but most of prostitution-related activities are In the French model: - offering sexual services in public space is illegal Critics: - buying sexual services from minors or vulnerable persons is illegal, pimping is illegal, prostitutes pay taxes but are not covered by the social security system immigrants in prostitution may be expelled from the country increase precariousness of sex-workers in society increase stigmatization of sex-workers prostitution as a problem of security and criminality instead of a problem that should be treated from a social perspective Italy 1958: Merlin Law (1:14 m) This law, still in force today with little change, revoked the regulation system, closed the case chiuse and established a new offence called sfruttamento della prostituzione (exploitation of prostitution) with the aim to punish pimping.
- Brothels are illegal, and pimping is illegal Prostitution is not a crime but offering sexual services in public spaces may be an administrative offence (scandal or annoyance).
- Local regulations on public security since 2008 lead to a factual prohibition of prostitution Critics: - Many sex-workers, mostly immigrants, have to go to work in places that are far from citycentres, or very late at night - Increased mistrust in authorities - Virtual prohibition of prostitution in streets leads women to an increased risk of exploitation and trafficking REGULATIONIST MODEL Austria - 2012, Supreme Court prostitution is no longer considered as “immoral” contract - Pimping is illegal - Diverse regulations in different Länders (some allow street prostitution, some prohibit it) - Diverse models of registry (Ex. at the police) and health controls - Sex workers pay social security and taxes Critics: - In some Länders there’s a virtual prohibition of sex workThere’s a general prohibition but some Länders have their own legislation so sometimes they can’t be accomplished in all the territory.
- Regulation focuses on public order and leads to “hide” prostitution from public sight Holland - 1999 prostitution and brothels are legal - Sex work is considered a form of legal work - Red light district, regulation of brothels - Medical controls offered but not compulsory - Registry before Tax and Commerce authorities Critics: - - Sex work is considered a form of legal work, but it does not allow legal residence status for immigrants o Undocumentedclandestine sex work Most of “window room” workers are not under labour law, but working as independent workers (social security) Germany: - 2002 Federal Law on Prostitution labour rights - But prostitution is not a work as any other, workers have more autonomy and cannot be forced to perform sexual services - Diverse Länders have o different regulations: time or zone limits (city centers, usually excluded) o diverse systems for tax payment Critics - Most sex workers are not under contract - Women do not want contracts as prostitutes - Law on prostitution mostly benefits brothel’s owners LEGAL MODEL IN SPAIN REGULATION IN SPAIN Historical regulation: - Act 16/1970 of 4 August on social menace and rehabilitation (Ley de peligrosidad y rehabilitación social) - Criminal Code: “Pimps” are criminalized - Recently: cooperatives in Spain - Administrative offence IN GENERAL TERMS: - Diverse models have in common: interest in eradication of prostitution from certain areas (street work) - Hygienist interests and gentrification processes o Gentrification Processes in the cities where new population (usually rich) displaces old population to a new area - Vulnerability of sex workers is higher indoors There is also a need to recognize that not all sex workers see themselves as victims, oppressed, or exploited. Instead, many can and are taking control of their own lives, finding solutions to their problems, acting in their individual and collective interests and contributing to the fight against HIV/AIDS. (WHO, 2005) “Laws that criminalize sex work and the sex industry should be reviewed, taking into account the adverse impact of these laws on public health and the human rights of sex workers. To enable sex workers to fully enjoy legal rights to health and safety at work requires decriminalization.
Decriminalization of sex work requires the repeal of (UNDP, 2012): a) laws explicitly criminalizing sex work or clients of sex workers; b) laws that criminalize activities associated with sex work, including removal of offences relating to: soliciting; living on the earnings of sex work; procuring; pimping; the management and operation of brothels; and promoting or advertising services; c) laws that require mandatory HIV or STI testing or treatment of sex workers; d) laws that authorize the compulsory detention of sex workers for the purpose of reeducation, rehabilitation or correction.” INITIATIVES TO DECRIMINALISE SEX-WORK International Council Meeting (ICM), Amnesty International, 2015: “Sex workers are one of the most marginalized groups in the world who in most instances face constant risk of discrimination, violence and abuse. Our global movement paved the way for adopting a policy for the protection of the human rights of sex workers which will help shape Amnesty International’s future work on this important issue” ...