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1.
The aim of this study is to analyse the effects on sex workers of new regulations that ban the practice of street prostitution in Spain. This country has not traditionally maintained a clear policy regarding prostitution. However, in recent years there has been a clear turn towards the criminalization of behaviours related to voluntary prostitution. The city councils of several Spanish cities have banned the practice of street prostitution and sanctioned it with fines issued to both prostitutes and clients. Even if few studies on prostitution have been carried out in Spain, none of them had yet analysed the effects of the adoption of civic ordinances on sex workers.In this paper we present the results of an empirical research carried out with a sample of 79 sex workers – in 20 cases with in-depth interviews – to explore the effects of the new regulation on their labour conditions.  相似文献   

2.
Taking a feminist cultural criminological analysis to the regulation of sex work in the United Kingdom, this paper argues against the dominant deviancy and the increasingly abolitionist criminal justice model for regulating sex work. The paper begins by offering a critique of the dominant regulatory regimes which have operated since the Victorian era, amended in part in the 1950s with Wolfenden, and currently being reinscribed with the Home Office strategy on prostitution and various pieces of legislation. The focus is specifically upon research with female sex workers and the usefulness of using Participatory Action research methodologies (PAR) with sex workers, agencies, and policy makers in order to foreground the diverse voices and experiences of sex workers, challenge the current focus on abolitionist criminal justice regimes and outcomes, and offer an alternative framework for a cultural materialist analysis of sex work, drawing upon the work of Nancy Fraser.  相似文献   

3.
In Australia, prostitution regulation has taken a very different path from many other countries. Law reform has led to the opening of some significant new spaces for legal sex work, including the (very different) regulatory regimes established in two Australian states – Queensland (brothels legal if their owners are licensed) and New South Wales (most commercial sex businesses and some street prostitution decriminalized; no licensing regime). The main research question is: how has regulation impacted on the positive rights of sex workers? I argue that law reform has engaged a mix of neo-liberal and other approaches – not to increase personal or corporate freedom but as part of a practical strategy designed to control a range of social problems, such as police corruption and organized crime. Neo-liberal regulation of prostitution in Australia has always been deployed in tandem with other modes of regulation – including new criminal law and policing strategies, planning law, health regulations, and (of course) moral regulation.  相似文献   

4.
Fuelling traffic     
Over the last decade, researchers and legislators have struggled to get an accurate picture of the scale and nature of the problem of human trafficking. In the absence of reliable data, some anti-prostitution activists have asserted that a causal relationship exists between legalised prostitution and human trafficking. They claim that systems of legalised or decriminalised prostitution lead to increases in trafficking into the sex industry. This paper critically analyses attempts to substantiate this claim during the development of anti-trafficking policy in Australia and the United States. These attempts are explored within the context of persistent challenges in measuring the scale and nature of human trafficking. The efforts of abolitionist campaigners to use statistical evidence and logical argumentation are analysed, with a specific focus on the characterisation of demand for sexual services and systems of legalised prostitution as ‘pull’ factors fuelling an increase in sex trafficking. The extent to which policymakers sought to introduce evidence-based policy is also explored.  相似文献   

5.
Prostitution and commercialized vice have been variously prioritized as urban crime problems across U.S. history. In response, lawmakers have historically been guided by a prohibititionst view where people selling, buying or facilitating the sale of sex are considered to be immoral and criminal. In recent years, public concern about the trafficking of persons for sex has reframed prostitution and the expectations of government response. The U.S. federal government and all fifty states have passed legislation that is guided by an abolitionist view of prostitution where people who are forced or coerced to sell sex are redefined as victims. State, county and municipal police officers are now receiving training on how to identify human trafficking cases and investigators are being trained to investigate and prepare cases for prosecution. Despite these efforts under the new legal regime, confusion exists about how sex trafficking differs from prostitution and correspondingly necessitates different types of law enforcement responses. Adding to this complication is the fact that in many major cities the responsibility for identifying and eradicating human trafficking has fallen to the same group of investigators who are responsible for enforcing vice and prostitution laws. As a result, prostitution enforcement is expected to change as police increasingly focus on identifying sex trafficking victims. Using data on police arrests for prostitution from 1980 to 2012, we examine the impact of federal and state anti-trafficking legislation on the local enforcement of prostitution. Our findings inform debate about legal reform as a response to urban crime problems and illustrate the complexities of policy implementation and interpretation.  相似文献   

6.
Abstract

This paper reviews empirical findings on physical and sexual violence against female street working sex workers, drawing on the findings from the researcher's own study. Thirty-two female street sex workers were interviewed in a city in the South West of England during 1998. The ethical issues of researching female prostitution are discussed in relation to this specific research project. The main findings from the current literature and this original study highlight the possible connections between childhood sexual abuse, entrance into the sex industry at an early age, and continual experience of violence. This paper explores violence from pimps and clients as well as how the street environment exposes sex workers to risk. Concluding discussion explores the self protection strategies of individual sex workers and the female sex work community as a means of maintaining a survivor identity and not a victim identity.  相似文献   

7.
This article critically evaluates the theoretical and empirical literature on contemporary prostitution. Most research focuses exclusively on street prostitution and female workers, with much less attention devoted to indoor prostitution, male and transgender workers, customers, and managers. Drawing on the sparse literature available on these underexamined topics, the article demonstrates how further research will yield a more nuanced and multifaceted understanding of contemporary prostitution.  相似文献   

8.
Although prostitution is illegal, millions of women sell sex in China. In the process, they experience significant abuse and harm at the hands of clients, madams, pimps, the police, and health officials. This article examines the legal consciousness of Chinese sex workers through their interpretations of these abusive experiences. It reveals how they think and talk about them, and how their reactions sometimes translate into concrete actions. My evidence shows that sex workers name abuse as harmful, blame others for it, and occasionally make claims. They also have strong opinions about prostitution policies, and the relationship between these regulations and their experiences of abuse. These findings place scope conditions on previous theories of marginalized people and the law, which suggest that powerless individuals perceive a more peripheral role of the law in their lives. In addition, this evidence enriches our understanding of legal consciousness in China by showing how debates around the concept apply more broadly than previously recognized.  相似文献   

9.
To date, very little research has focused on violence inflicted by clients on women working in the sex industry in China. This article examines the nature and extent of client-inflicted violence against sex workers in China and analyzes the coping strategies employed by the victims. It argues that violence is an integral part of sex work. Indoor sex workers are subject to more violence and harassment than their outdoor counterparts, mainly on account of the nature of the sex services provided. The article contends that the criminalization of prostitution places women in a vulnerable position and advocates decriminalization of prostitution to promote health and human rights for disadvantaged women in the sex industry.  相似文献   

10.
Until recently, prostitution was not a prominent public issue in the United States. Law and public policy were relatively settled. The past decade, however, has witnessed a growing debate over the sex trade and the growth of an organized campaign committed to expanding criminalization. A powerful moral crusade has been successful in reshaping American government policy toward sex work – enhancing penalties for existing offences and creating new crimes. Crusade organizations have advocated a strict abolitionist orientation toward all forms of commercialized sex, which are increasingly conflated with sex trafficking. This paper examines the impact of this movement on legal norms and government policies. I argue that the moral crusade, and its government allies, are responding to the growth of the sex industry in recent years and to fears of its normalization in American society.  相似文献   

11.
中国古代民间规约引论   总被引:7,自引:0,他引:7       下载免费PDF全文
刘笃才 《法学研究》2006,(1):135-147
通过对古代乡村民间规约演变过程的考察,可以看到中国古代民间规约的历史存在形态:唐代后期的社邑规约、宋明时期妁乡约、明末清初产生的民间慈善组织规约和清代晚期的乡规,以及四者之间的区别与联系。民间规约既不同于私人契约,又不同于国家法律,是民间社会组织的自治规范。民间规约是国家法律的补充,它的产生,标志着公共领域不仅为国家所独占。由于中国是一个乡土社会,民间社团组织的发展和发挥作用的空间极为有限,但民间规约在组织协调人际关系、建立稳定和谐社会秩序方面仍然具有积极意义。  相似文献   

12.
The question of whether laws affect attitudes has inspired scholars across many disciplines, but empirical knowledge is sparse. Using longitudinal survey data from Norway and Sweden, collected before and after the implementation of a Norwegian law criminalizing the purchase of sexual services, we assess the short-run effects on attitudes using a difference-in-differences approach. In the general population, the law did not affect moral attitudes toward prostitution. However, in the Norwegian capital, where prostitution was more visible before the reform, the law made people more negative toward buying sex. This supports the claim that proximity and visibility are important factors for the internalization of legal norms.  相似文献   

13.
Notwithstanding the lift on the ban of brothels in the Netherlands during 2000, the introduction of the integral approach and other efforts to fight human trafficking; this trade still continues to exist within the licensed sector. Simultaneously, prostitution increasingly moved to Dutch cities with less strict regulations or control, and also to more invisible realms (escort services, internet). ICT facilitate this backstage informal sex work by offering a fluid, flexible, dynamic podium that is difficult to control. The internet is increasingly used by traffickers in order to recruit potential victims, to blackmail victims with images or by exploiting victims through webcam exposure. In 2005, human trafficking was extended in law towards exploitation in all labor sectors and, in 2011, illegal stay was criminalized in the Netherlands. This criminalization could hinder the fight against human traffickers.  相似文献   

14.
In 2000, the Dutch authorities lifted the ban on brothels in the Netherlands. The essence of their approach was to regulate prostitution. People of legal age could now voluntarily sell and purchase sexual services. Brothels which complied with certain licensing conditions were legalized. This paper critically assesses the logic of a position that argues that human trafficking is reduced when actors in the legalized prostitution sector are made responsible for what happens on their premises (using licensing conditions). This idea is confronted with empirical evidence about the Netherlands in general and the city of Amsterdam in particular. Furthermore, the paper addresses two questions. What are consequences of the regularization of prostitution for the criminal investigation and prosecution of sex trafficking? How do criminal justice agencies collaborate with regulatory authorities in the regulated and non-regulated sectors of the prostitution market? The main conclusion is that the screening of brothel owners and the monitoring of the compliance of licensing conditions do not create levels of transparency that enable sex trafficking to be exposed. The prostitution business retains many characteristics of an illegitimate market and the legalization and regulation of the prostitution sector has not driven out organized crime. On the contrary, fighting sex trafficking using the criminal justice system may even be harder in the legalized prostitution sector.  相似文献   

15.
In developing areas, large-scale international tourism often offers a market for illegal goods and services. Unable to directly control sex sales, governments may decide to discourage prostitution by making the industry less profitable. Sex is sold to international tourists in Thailand, South Korea, and the Philippines through the oligopolistic hotel/travel agency and competitive streetwalker markets. Applying legal sanctions prices change and sales decrease in both markets. The per unit cost of law enforcement is borne more heavily by customers on the street and by firms in the hotel/agency market owing to the markets' respective inelastic and elastic demand segments. If enforcement against sellers in both markets represents a fixed cost, initially sales will not decline, but firms will experience diminishing profits. The optimum short- and long-run effects result from applying enforcement against firms in the hotel/agency market.  相似文献   

16.
Preteen children's street activities in a small southern Ontario city were examined for understandings about how children on the street affiliate with one another and with adults after school. The everyday connections between children, shopkeepers, and municipal workers demonstrate that the municipal workers and merchants can offer caring, support, and sanctions to children when parents or teachers are not accompanying them. This provides children on the street with a form of guidance from extrafamilial mentors. The findings point to community-based potentials for naturally occurring crime prevention strategies, a significant aspect of Canada's new law: Youth Criminal Justice Act. 2003.  相似文献   

17.
Nigeria has a large number of adolescents living and making a living on the streets. This has been attributed to economic factors and exposure to all forms of risks. The result is the proliferation of prostitution among the adolescents with its attendant problems. This article considers the different forms of adolescent prostitutes: those in brothels, street walkers, call girls, and casual, part-time, or floating prostitutes, as well as the trafficking of adolescent girls across international borders. The causes of adolescent prostitution in Nigeria are largely economic, sociological, and socioeconomic factors. A two-dimensional approach was adopted in considering the attitude to prostitution. Coping mechanisms include endurance, self-medication, seeking medical attention, and adaptation. The effects of prostitution are psychological reactions, psychosocial damage, and the political implication, which damages the image of the nation. Approaches to combat adolescent prostitution in Nigeria include legislative steps, governmental efforts, policy making, awareness programs, and the efforts of nongovernmental organizations, community conscientization, and societal measures.  相似文献   

18.
The paper draws on recent research on the economics of prostitution focussing on the role of stigma in shaping the interaction between demand and supply and the resulting sub-markets in which this activity is typically organised. Here we extend the framework to consider the role of reputation and stigma in determining policy decisions regarding the regulation of prostitution and show how sub-optimal outcomes (from the point of view of the welfare of sex workers) may prevail.  相似文献   

19.
There is mounting evidence that HIV infection among adolescents is increasing, particularly among minorities and inner-city youths involved in certain high-risk activities, such as multiple sex partners and intravenous drug use. Interviews conducted “on the street” with 611 seriously delinquent male and female adolescents (ages 12–17) included questions about their involvement in prostitution, intravenous drug use, and sex-for-crack exchanges. Findings included high percentages of youths engaged in these HIV-risk activities and a consistent association between all of them and greater illicit drug use. This would suggest that these risk behaviors may be surprisingly prevalent among some inner-city adolescent groups. Special AIDS prevention/intervention targeting these groups is warranted and urgently needed. Drug treatment should be a central focus of such programs.  相似文献   

20.
On March 11, 2011, Governor Scott Walker of Wisconsin signed into law a bill that eliminated most collective bargaining rights for the state's public-sector workers. Many other cash-strapped states followed Wisconsin's lead and introduced or enacted similar restraints on the rights of their workers. Thousands of public workers, whose only means of protecting their rights rested in their ability to collectively bargain, suddenly found their retirement benefits in jeopardy. This truth highlighted the lack of protections for public worker benefits similar to those of the private sector. However, the Employee Retirement Income Security Act, enacted for that purpose, has failed to secure these benefits. This article seeks to provide a broad overview of the crisis facing the pension and benefits system in the United States and offers some possible solutions. More importantly, the goal is to spur discourse on the urgent need to protect the benefits of all workers, public and private.  相似文献   

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