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negative effects of legalizing prostitution in world
what is the histoical background of prostitution in canada essay
what is the histoical background of prostitution in canada essay
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Canada is a nation renown as a liberal-leaning, forward nation; promoting the advancement of women in all parts of the world. However, it is a nation guilty of punishing women for the circumstances in which they find themselves with laws showing an antiquated view on the issue of prostitution—one that prosecutes sex workers instead of those who take advantage of women’s situations and buy sexual services. BY examining the origins of current-day laws concerning prostitution in Canada and looking at European legislation as well as its successes and failures made it is possible to find a middle ground that will suit Canada should it ever decide to change its laws concerning prostitution.
While prostitution is technically legal, acts surrounding the issue are not—the Criminal Code of Canada prohibits living off the earnings of a prostitute; procuring, or attempting to procure, an individual to “...have illicit sexual intercourse with another person, whether in or out of Canada”; communicating in public, “for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute.”; or being found in or operating a bawdy house (CCC). All through the past century special-interest groups have influenced laws concerning prostitution for moral, feminist and medical reasons (Brock 1998). In 1972 the Canadian government criminalised solicitation for purposes of prostitution with S.195.1 of the Criminal Code; this move was followed with the institution of Bill C-49 in 1985 which amended the Criminal Code to add S. 213 which criminalizes communication between a prostitute and their client (justice.gc.ca). 1985’s Bill C-49 led to a huge spike in the number of prostitution-related arrests which peaked i...
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...stomers. If the Canadian government were looking to truly curb prostitution while still protecting the women involved, laws regarding prostitution should be reformed to reflect modern Canadian values of equality for all, the refusal to accept sexual bondage of women as well the rejection of control of women by people whether they be customers, pimps or traffickers. Canada should look onto Swedish law as an example to follow as the complete legalisation, like in Germany and the Netherlands, may lead to even more involvement by organised crime into the industry while the exclusive criminalisation of customers will effectively dry-up the market. While, ultimately, it is the complete disappearance of the industry that is wanted any laws—current or future—should be coupled with increased counselling and support for women who find themselves in such dire situations.
In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of prostition, and prohibits communicating in public for the purposes of prostitution,” (Canada v. Bedford, 2013, 6-3). The women claimed that these restrictions did not, in fact, prevent but implement more danger for anyone in the field of work. The women claimed that these restrictions went against their rights protected under s. 2(b) of the Charter as it disabled them from their right to freedom of expression (Canada v. Bedford, 2013, 6). As the provisions were set to prevent “public nuuisance” and “exploitation of prositutes,” they in fact go against the rights in s. 7 of the Charter. Thus, being under declaration of invalidity. This in fact brings upon question on whether it is the right decision to allow prostitution without any regulation in order to impose that the the Charter is not being violated, or whether to suspend the declaration until a proper method has been developed (while infringing the rights of those in the field of work). Ultimately, all of the laws were struck down by the decision of the Supreme Court of Canada.
Throughout Sex Work and the Law: A Critical Analysis of Four Policy Approaches to Adult Prostitution Frances Shaver discusses the need for change for women working as prostitutes. Shaver explains the ongoing problem surrounding prostitution in Canada and provides four possible ways to resolve the issue in her work. Three well thought out points Shaver writes about are the health benefits as well as personal safety for the women in the sex industry. She also touches base on the decriminalization of prostitution and the impacts it will have on nearby neighborhoods and the residents as well as a few other topics. Although Shaver discusses important areas, she does leave out some particular parts for concern such as the issues surrounding minors involved in the sex industry as well as the men and women who are involuntarily put into prostitution also known as human trafficking. While Shaver touches base on extremely well thought out points and provides a solution for dealing with Canada’s prostitution problem, she fails to elaborate on a few major issues that should be discussed as well when discussing the decriminalization of prostitution.
Many argue that prostitution is along the same line as any other business transaction considering similar actions taken to go through the process. I will argue that performing a consensual or nonconsensual sexual act including a transfer of money cannot be considered as one. In this essay, I will be focusing on women in the Canadian sex trade and how the service they provide is not a legitimate purchase.There are several factors to assist this argument that include the facts and terminology behind businesses, transactions, employment, legality, and the act being performed. The process for an individual to acquire a prostitute contains a transaction through an exchange of money, but is it a business transaction, no.
“There is no difference in work in which a women sells her hands, such as a typist, and a work in which a women sells her vagina, as in sex work.” Claims author Lacy Sloan. In today’s society, many people believe that prostitution is an immoral act. It is the world’s oldest profession and because it has been long condemned, sex workers are stigmatized from mainstream society (ProQuest Staff). However, the act of purchasing sex between consenting adults should not be prohibited by the government, but regulated for society's overall best interests. Prostitution is illegal and as a consequence prostitutes are often victims of violence and sexual assault; therefore, prostitution should be legalized and regulated to ensure the safety of sex workers.
Human trafficking is “Modern Day Slavery,” in Canada today. From April 2007 to December 2013, there were 50 cases where human traffickers were found guilty, and from those cases, 97 people were convicted of human trafficking offenses. The Ontario Women’s Justice Network (OWJN) defines human trafficking as the recruitment and control of individuals that are exploited and taken advantage of against their will, (OWJN, p. 1- 2). There are various forms of human trafficking in Canada and the victims are vulnerable in all classes, genders, ages, and industries, but research needs to improve to validate concrete statistics. However, there are many Canadian sex workers that do object to the regulation of their chosen profession of prostitution
Crowhurst, I., Outshoorn, J., & Skilbrei, M. (2012). Introduction: Prostitution Policies in Europe. Sexuality Research and Social Policy, 9(3), 187-191. Retrieved February 21, 2014, from http://download.springer.com/static/pdf/307/art%253A10.1007%252Fs13178-012-0100-7.pdf?auth66=1393548913_753f910350c7bb95ffab6b5eaa422617&ext=.pdf
...Boris B. Gorzalka. "Attitudes, Beliefs, And Knowledge Of Prostitution And The Law In Canada." Canadian Journal Of Criminology & Criminal Justice 54.2 (2012): 229-244.
In 2007, three prostitutes, Terri-Jean Bedford, Amy Lebovitch, and Valerie Scott came to the Canadian government to challenge the current prostitution laws after pending charges were laid against them for illegal acts prostitution (Chez Stella, 2013). The Bedford Case has opened up a debate on whether prostitution should be decriminalized in Canada. Through my research, I offer a comparative analysis of four approaches to prostitution, which aid in illustrating the effects that decriminalization would have on prostitutes, and women as a whole. The four states that I have compared are Canada, the Netherlands, Sweden, and Australia. These countries each hold different views and policies on prostitution. Canada is currently criminalized, the Netherlands is a state in which prostitution is legalized, Sweden advocates abolitionism, and in Australia, prostitution is decriminalized. Through careful analysis I have determined the effectiveness of each of the policies, and which system I believe would be best for Canada’s future. Based on this investigation, I advocate that Canada ought to adapt a similar approach to Australia, decriminalizing prostitution as a means for social, economic, and legal stability for women. It is through decriminalization that prostitutes will have the opportunity to be actively involved in the community, and no longer marginalized members of society.
Prostitution is a subject whom many people today have vocal opinions about if it should be legalized and is it moral? Can you imagine how people felt about prostitutes in the 19th century? Today people think the worst possible things of a woman who prostitutes herself and a less rigid view of women’s sexuality exists now almost two centuries later than there was then. In 2011 men and women can have a different view of prostitution and distinctive ways to correct the problem. Men today as they did almost 200 years ago would like to see prostitution legalized and regulated. Women still see prostitution as they did a moral issue that needs reformed. The data suggests that few things have changed when it comes to the punishment and help for prostitution.
Sometimes, the term “sex work” is used, as well as “prostitution”. But whichever term we choose to say, it does not eliminate the stigma attached to it. Cases such as the Bedford V. Canada Case (144) indulges into the conspiracy of sex work and challenges certain sections of the Criminal Code that make business in relation to prostitution illegal. Ideally, a sex worker has a career just as a teacher or lawyer. For this reason, their human rights and dignity should be protected by the Canadian Charter of Rights and Freedoms as are other professions. However, the Charter of Rights and Freedoms as well as the Criminal Code do not seek to protect sex workers, yet, they seek to do otherwise using certain sections of the Criminal Code to criminalize sex work. Therefore, sex workers demand a permanent change in the law, their rights and freedoms in order to feel less threatened about their choice of work. This paper attempts to illustrate the legal terms of sex work, the main arguments made in the Bedford Case as well as an understanding of the Canadian Charter of Rights and Freedoms, the Criminal Code, what sex workers face and are diligently demanding.
Dianne Post, an international human rights attorney currently living in Pheonix, Arizona, presents the audience with a few main points that should be looked at when determining the legalities involved with prostitution. Her first point is that if prostitution were to be legalized/ decriminalized, true equality for women would be non-existent. She argues that the legalization ultimately just makes the woman available for men’s sexual access at their disposal. Also, she states that basic human rights would be violated and activities that in any other situation would be considered legally actionable, such as “rape, captivity, economic coercion, or damaging verbal abuse” (Post 1), would then become normalized. Her second argument states that by listening to the voice of the very women involved in sex work we can discover...
In Canada, sex work has routinely been pathologized and criminalized. The stigma surrounding sex work is tenfold for sex workers who are racialized. Using the lecture discussions from weeks 8 and 11, as well as additional journals, scholarly and peer reviewed articles, this paper aims to illustrate the struggle involved with partaking in sex work as a racialized individual. The first section of this paper explores the danger involved in prostitution while being racialized, analyzing how the risk increases exponentially for racialized groups. The second section will focus primarily on the imprisonment of racialized sex workers, explaining the frequency of arrest in comparison to Caucasian, middle class sex workers. Finally, the last section
Prostitution is highly controversial, many claiming that the legalization would lead to more prostitution, which would therefore be a larger disgrace to society. Furthermore, an essay written by Janice G. Raymond, titled “Ten Reasons for Not Legalizing Prostitution.” This essay brings down ten legitimate reasons as to why prostitution should not be legalized, citing failed attempts in Australia and the Netherlands. The immoralities of these laws shine when, upon closer examination, the laws regard the prostitutes as mere sexual objects for profit to benefit the economy. However, as these faults are recognized, places like Amsterdam begin to alter their laws regarding prostitutions, making them more strict in an attempt to make prostitution safer. Still, organized and regulated legalized prostitution could lead to world reform in the sex trade.
Legalized Prostitution: A Compromise Between Amnesty International and Task Force on Human Trafficking and Prostitution
The exploitation of prostitution is considered to be one of a serious global issue in most of the countries around the world. Also, the number of prostitution is increasing tremendously each year and seems to be more serious than the past centuries. However, yet very few to none of the countries have completely solved this problem. Saudi Arabia and Netherlands are two examples of the countries that prostitution is still considered to be a problem that the government of both countries cannot ignore. There are different solutions that Saudi Arabia and Netherlands have come up with to solve the problem.