Prostitution and the law
Encyclopedia
The laws of prostitution vary widely from country to country, and between jurisdictions within a country. Prostitution
is legal in some parts of the world and regarded as a profession
, while in other parts it is a crime punishable by death. In some jurisdictions prostitution is illegal. In other places prostitution itself (exchanging sex for money) is legal, but surrounding activities (such as soliciting in a public place, operating a brothel
, and pimping) are illegal. In other jurisdictions prostitution is legal and regulated. In Western criminology
, the research and analysis of prostitution usually falls within public order
issues.
in which it exists. Members of certain religions may oppose prostitution, viewing it as a threat to the moral codes laid down in their scriptures. Sex worker activist groups may view it as a human rights issue. Other people are merely curious or may view it as a "necessary evil". Some feminists organizations are opposed to prostitution, as they see it as a form of exploitation of women and male dominance over women, and as a practice which is the result of the existing patriarchal social order; the European Women's Lobby
- which bills themselves as the largest umbrella organization of women’s associations in the European Union
and works to promote women’s rights and equality - has condemned prostitution as "an intolerable form of male violence". Working prostitutes themselves may often be largely absent from the discussion.
More generally, government
s have the duty of safeguarding public health and order. In this, the Wolfenden Committee Report
(1957) which informed the debate in the UK stated what many consider to be the most appropriate principle for governments to observe:
Finally, the United Nations
in its Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others favors criminalizing the activities of those seen as exploiting or coercing prostitutes (so-called "pimping" and "procuring" laws) while leaving prostitutes themselves free from regulation. The Convention states that "prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person".
and morality
, freedom of the individual
, and general benefit or harm to society (including harm arising indirectly from matters connected to prostitution).
Many anti-prostitution advocates hold all prostitutes are themselves victims, arguing that prostitution is a practice which can lead to serious psychological and often physical long term effects for the prostitutes. They may also argue that the act of prostitution is not by definition a fully consensual act, as they say that all prostitutes are "forced" to sell sex, either by somebody else or by the unfortunate circumstances of their lives (such as poverty, lack of opportunity, drug addiction, a history of childhood abuse or neglect, etc).
In 1999, Sweden
became the first country to make it illegal to pay for sex, but not to be a prostitute (the client commits a crime, but not the prostitute). A similar law was passed in Norway
(in 2009) and in Iceland
(in 2009).
, a UN special reporter on trafficking in persons said "For the most part, prostitution as actually practiced in the world usually does satisfy the elements of trafficking."
Internationally, the most common destinations for victims of human trafficking are Thailand
, Japan
, Israel
, Belgium
, the Netherlands
, Germany
, Italy
, Turkey
and the US, according to a report by the UNODC (United Nations Office on Drugs and Crime
).
The major sources of trafficked persons include Thailand
, China
, Nigeria
, Albania
, Bulgaria
, Belarus
, Moldova
, and Ukraine
.
Prostitution laws have been argued to affect trafficking flows.
men and women, and the transgender
ed and transvestite.
In Vienna
, in April 2007, there were 1,352 female and 21 male prostitutes officially registered. The number of prostitutes who are not registered (and therefore work illegally) is not known.
A recent study by TAMPEP
, on the prostitute population from Germany
, estimated that 93% of prostitutes were female, 3% transgender and 4% male.
Arrest statistics show that in those states
where buying and selling sex are equally illegal, the tendency is to arrest the service provider and not the customer, even though there are significantly more customers than sellers. Thus, it is a fact that more women than men are arrested, and the true extent of the crime is underreported. James (1982) reports that, in the United States
, the arrest ratio of women to men was 3:2, but notes that many of the men arrested were the prostitutes rather than the clients.
creates specific obligations. Article 34 stipulates that:
As of 2000, twenty four countries had enacted legislation criminalising child sex tourism, e.g. in Australia, the Crimes (Child Sex Tourism) Amendment Act 1994 covers a wide range of sexual activities with children under the age of 16 committed overseas. Laws with extraterritorial application are intended to fill the gap when countries are unwilling or unable to take action against known offenders. The rationale is that child-sex offenders should not escape justice simply because they are in a position to return to their home country. There is little research into whether the child sex tourism legislation has any real deterrent effect on adults determined to have sex with children overseas. It may be that these people are
simply more careful in their activities as a result of the laws. There are three obvious problems:
Those who support prohibition or abolition of prostitution argue that keeping prostitution illegal is the best way to prevent abusive and dangerous activities (child prostitution, human trafficking
etc.). They argue that a system which allows legalized and regulated prostitution has very negative effects and does not improve the situation of the prostitutes; such legal systems only lead to crime and abuse: many women who work in licensed brothels are still controlled by outside pimps; many brothel owners are criminals themselves; the creation of a legal and regulated prostitution industry only leads to another parallel illegal industry, as many women do not want to register and work legally (since this would rob them of their anonymity) and other women can not be hired by legal brothels because of underlying problems (e.g., drug abuse
); legalizing prostitution makes it more socially acceptable to buy sex, creating a huge demand for prostitutes (both by local men and by foreigners engaging in sex tourism) and, as a result, human trafficking and underage prostitution increase in order to satisfy this demand.
A multi-country study for the International Organisation for Migration found that 75% of men who buy sex prefer women under 25 years old, and over 20% prefer girls under 18 years old.
In Netherlands
, at the end of 2008, six people were convicted in what prosecutors said was the worst case of human trafficking
ever brought to trial in the Netherlands
. Experts said the case could have an impact on the Dutch prostitution policy. Jan van Dijk, an organized crime and victimology expert at the International Victimology Institute Tilburg of Tilburg University, said "The honeymoon of the new prostitution legislation is over; we are really reconsidering whether we're on the right track". In Amsterdam
, in the last few years, a significant number of brothels and prostitution "windows" have been closed because of suspected criminal activity, and in 2009 the Dutch justice ministry announced plans to close 320 prostitution "windows" from Amsterdam.
Some have argued that an extremely high level of violence is inherent to prostitution, and claim that many prostitutes have been the subject of violence, rape and coercion before entering prostitution including as children. and that many young women and girls enter prostitution directly from state care in at least England, Norway, Australia and Canada.
Abolitionists believe tolerance of prostitution is tolerance of inegalitarian sexuality in which male sexual demands can override women's sexual autonomy and overall well-being.
In countries where prostitution is regulated, the prostitutes may be registered, they may be hired by a brothel, they may organize trade unions, they may be covered by workers protection laws, their proceeds may be taxable, they may be required to undergo regular health checks, etc. The degree of regulation, however, varies very much by jurisdiction.
Such approaches are taken with the stance that prostitution is impossible to eliminate, and thus these societies have chosen to regulate it in an attempt to reduce the more undesirable consequences. Goals of such regulations include controlling sexually transmitted disease
, reducing sexual slavery, controlling where brothels may operate and dissociating prostitution from crime syndicates.
In countries where prostitution is legal and regulated it is usual for the practice to be restricted to particular areas.
In countries where prostitution itself is not illegal, but associated activities are outlawed, prostitution is generally not regulated.
A few jurisdictions, however, require that prostitutes undergo regular health checks for sexually transmitted disease
s.
In Nevada
, state law requires that registered brothel prostitutes be checked weekly for several sexually transmitted diseases and monthly for HIV
; furthermore, condom
s are mandatory for all oral sex
and sexual intercourse
. Brothel owners may be held liable if customers become infected with HIV
after a prostitute has tested positive for the virus. Prostitution outside the licensed brothels is illegal throughout the state; all forms of prostitution are illegal in Las Vegas
(and Clark County
, which contains its metropolitan area), in Reno
(and Washoe County
), in Carson City, and in a few other parts of the state (currently 8 out of Nevada
's 16 counties have active brothels, see Prostitution in Nevada
).
contributions which comes with paid labor. Therefore many prostitutes - in countries where prostitution is regulated - are officially listed as independent contractors. Sex operators typically operate as facilitators only and do not interfere with the prostitutes.
For example, Nevada has laws against engaging in prostitution outside of licensed brothels, against encouraging others to become prostitutes, and against living off the proceeds of a prostitute.
are illegal. These countries also generally have laws against soliciting in a public place (e.g., a street) or advertising prostitution, making it difficult to engage in prostitution without breaking any law.
In some of these places the regulations are very tight (e.g., Nevada
), while other places (e.g., New Zealand
) are very loosely regulated.
, prostitution laws vary from State to State (see Prostitution in Australia
). Most have decriminalised prostitution in varying ways. Regulation (sometimes known as legalisation) permits prostitution in certain forms, usually through zoning (confinement to certain areas) or licensing (licensing a limited number of prostitutes to work in certain areas of a city). Regulation views prostitution as a necessary evil if not a social necessity. The aim is not eradication so much as control, the goal being to keep prostitution limited to areas of town where it will not offend the rest of the citizenry. But regulation does little to change the dynamics between prostitutes and the public in that it legitimises prostitution only to the point that it may be practised in certain circumstances, but does not accord prostitutes any practical rights beyond the right not to be criminally charged in certain circumstances. In this context, decriminalisation also means institutional controls over the lives of those who engage in this work rather than granting the women control over the work they choose. See Egger (1991) and Pinto et al. (2005).
Australia is a destination country for women who are trafficked into prostitution (there is trafficking for other purposes in Australia, though no research has been conducted which focuses on other forms of exploitation). The Australian Government announced a $20 million counter-trafficking package in October 2003, which recognises women trafficked into prostitution as victims of a crime and offers support to help them recover. However, this does not mean that the Australian Government considers all women in prostitution to be victims of a crime, only that trafficking is a crime. Most women trafficked to Australia are from South East Asia and China with some from Eastern and Central Europe and Latin America.
Kathleen Maltzhan reported for The Brisbane Institute
in 2004 that in Victoria, trafficked women have been located in a number of legal brothels which is an issue that prostitution regulatory regimes have yet to seriously address:
The impact of migrant sex trafficking on Canada is estimated at between $120 million to $400 million per year and accounts for approximately 8,000 to 16,000 people arriving in Canada per year illegally. ("Organized Crime Impact Study," Solicitor General of Canada).
Illegal organized prostitution is common in the major cities (Vancouver
, Toronto
, Montreal
), and takes place in various establishments, such as strip clubs, massage parlors, hollistic centers, body rub parlors etc. Many of the prostitutes working there are from Asia (especially Southeast Asia
); several cases involving underage girls have occurred. The recruitment of exotic dancers into Canada is legal, with 1000 employment authorizations for foreign exotic dancers being issued every year. This activity is suspected of being linked to the issues of trafficking and sexual exploitation.
, pimping and pandering
, are outlawed.
Rajeshwari (1999) asserts that realistic accounts of prostitution in research contextualize it in the broad frame of the India
n socio-economic structure, adverting to the rural poverty and bonded labor, the gross exploitation of tribal, lower-caste and refugee women, urban red-light areas, disease, policy brutality and corruption, and the increasingly controversial issue of prostitutes' children. The country is a significant source, transit point, and destination for trafficked women. According to UNICEF, India contained half of the one million children worldwide who enter the sex trade each year. Many indigenous tribal women were forced into sexual exploitation. In recent years, prostitutes began to demand legal rights, licenses, and reemployment training, especially in Mumbai
, New Delhi
, and Calcutta. In 2002, the Government signed the South Asian Association for Regional Cooperation
(SAARC) Convention on Prevention and Combating Trafficking in Women and Children for Prostitution. The country is a significant source, transit point, and destination for many thousands of trafficked women. There was a growing pattern of trafficking in child prostitutes from Nepal
and from Bangladesh
(6,000 to 10,000 annually from each). Girls as young as seven years of age were trafficked from economically depressed neighborhoods in Nepal, Bangladesh, and rural areas to the major prostitution centers of Mumbai, Calcutta, and New Delhi. NGOs estimate that there were approximately 100,000 to 200,000 women and girls working in brothels in Mumbai and 40,000 to 100,000 in Calcutta.
The traditional argument supporting prostitution as a phenomenon invokes male sexual need as a "natural" phenomenon that requires fulfillment outside of monogamous
marriage
- and the prostitute as servicing this need. Its theoretical defense is given in what is termed the "contractarian" argument, according to which the need for sexual gratification is a need similar to the need for food and fresh air (and hence should be as readily available) and, further, that under conditions of "sound" prostitution, sexual services may be freely sold in the market place (Ericsson: 1980). Feminists reject the notion that the powerful male impulse must be satisfied immediately by a co-operative class of women, set aside for the purpose. This is seen as an adrocentric view of sexuality and as reinforcing the psychology of obtaining sexual satisfaction, by rape if necessary. In legal terms, the Indian Immoral Traffic (Prevention) Act 1956, criminalized the volitional act of "a female offering her body for promiscuous sexual intercourse for hire whether in money or in kind". But, under the revised 1986 Act, "prostitution" means " the sexual exploitation or abuse of persons for commercial purpose, and the expression 'prostitute' shall be constructed accordingly" - so there is not only no criminality if there is "offering by way of free contract", there is not even prostitution. More problematic is the status of the transgendered who eke out a living by begging, dancing or prostitution. Indian law recognizes only two biological sexes. The PUCL (K) Report (2003), highlights, "The dominant discourse on human rights in India has yet to come to terms with the production/reproduction of absolute human right are less of transgender communities. At stake is the human right to be different, the right to recognition of different pathways of sexuality, a right to immunity from the oppressive and repressive labeling of despised sexuality. Such a human right does not exist in India."
became the first country in the world to adopt this approach. All other prostitution-related activities (such as brothel-keeping and living off the earnings of prostitution) continue to be banned. (see Prostitution in Sweden
) The approach is referred to as the Swedish model, and is also sometimes referred as the Nordic model. It is based on the premise that prostitution is a form of violence against women, and has three main components:
Norway
and Iceland
.
adopted the Swedish model in 2009. However, the effectiveness of the Swedish model in reducing prostitution has been questioned by the Western Australian Attorney General.Attorney General challenges anti-prostitution lobby. The Record, 17 June 2010 In 2010 the Swedish government admitted in its Country Progress Report to the UN General Assembly Special Session on AIDS that it could not estimate the number of people involved in prostitution since it is largely hidden, but that street prostitution was assumed to be only a fraction of total prostitution, most of which takes place indoors.
prostitution is illegal, but in practice it is tolerated and regulated. Such situations are common in many Asia
n countries.
In areas where prostitution or the associated activities are illegal, prostitutes are commonly charged with crimes ranging from minor infractions such as loitering
to more serious crimes like tax evasion
. Their clients can also be charged with solicitation
of prostitution.
In most countries where prostitution is illegal, there is a degree of toleration for some forms of the sex trade. In some countries, such as the US, police occasionally organize sting operations in order to arrest potential prostitutes or clients, this generally happens when the authorities receive complaints from citizens about prostitution occurring in a specific area.
Prostitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
is legal in some parts of the world and regarded as a profession
Profession
A profession is a vocation founded upon specialized educational training, the purpose of which is to supply disinterested counsel and service to others, for a direct and definite compensation, wholly apart from expectation of other business gain....
, while in other parts it is a crime punishable by death. In some jurisdictions prostitution is illegal. In other places prostitution itself (exchanging sex for money) is legal, but surrounding activities (such as soliciting in a public place, operating a brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
, and pimping) are illegal. In other jurisdictions prostitution is legal and regulated. In Western criminology
Criminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
, the research and analysis of prostitution usually falls within public order
Public order crime
In criminology, public-order crime is defined by Siegel as "...crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e. it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and...
issues.
Overview
Various factors may be taken into consideration by law-makers when creating laws relating to prostitution. In some places, prostitution may be a contentious issue in the communitiesCommunity
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
in which it exists. Members of certain religions may oppose prostitution, viewing it as a threat to the moral codes laid down in their scriptures. Sex worker activist groups may view it as a human rights issue. Other people are merely curious or may view it as a "necessary evil". Some feminists organizations are opposed to prostitution, as they see it as a form of exploitation of women and male dominance over women, and as a practice which is the result of the existing patriarchal social order; the European Women's Lobby
European women's lobby
Founded in 1990, the European Women’s Lobby is an NGO and the largest umbrella organisation of women’s associations in the European Union , working to promote women’s rights and equality between women and men...
- which bills themselves as the largest umbrella organization of women’s associations in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and works to promote women’s rights and equality - has condemned prostitution as "an intolerable form of male violence". Working prostitutes themselves may often be largely absent from the discussion.
More generally, government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
s have the duty of safeguarding public health and order. In this, the Wolfenden Committee Report
Wolfenden report
The Report of the Departmental Committee on Homosexual Offences and Prostitution was published in Britain on 4 September 1957 after a succession of well-known men, including Lord Montagu, Michael Pitt-Rivers and Peter Wildeblood, were convicted of homosexual offences.-The committee:The...
(1957) which informed the debate in the UK stated what many consider to be the most appropriate principle for governments to observe:
- [the function of the criminal lawCriminal lawCriminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
is] to preserve public order and decency, to protect the citizen from what is injurious or offensive and to provide safeguards against the exploitation and corruption of others, ...It is not, in our view, the function of the law to intervene in the private lives of citizens, or to seek to enforce any particular code of behaviour, further than is necessary to carry out the purposes of what we have outlined.
Finally, the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
in its Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others favors criminalizing the activities of those seen as exploiting or coercing prostitutes (so-called "pimping" and "procuring" laws) while leaving prostitutes themselves free from regulation. The Convention states that "prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of the human person".
Legal themes
Legal themes tend to address four types of issue: victimization (including potential victimhood), ethicsEthics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
and morality
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
, freedom of the individual
Freedom of choice
For freedom of choice, see:*choice for information on theories that involve free will and human behavior.*Freedom of choice plans to integrate US schools .*Freedom of Choice, a 1980 synthpop landmark album by Devo...
, and general benefit or harm to society (including harm arising indirectly from matters connected to prostitution).
General
Many people who support legal prostitution argue that prostitution is a consensual sex act between adults and a victimless crime, thus the government should not prohibit this practice.Many anti-prostitution advocates hold all prostitutes are themselves victims, arguing that prostitution is a practice which can lead to serious psychological and often physical long term effects for the prostitutes. They may also argue that the act of prostitution is not by definition a fully consensual act, as they say that all prostitutes are "forced" to sell sex, either by somebody else or by the unfortunate circumstances of their lives (such as poverty, lack of opportunity, drug addiction, a history of childhood abuse or neglect, etc).
In 1999, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
became the first country to make it illegal to pay for sex, but not to be a prostitute (the client commits a crime, but not the prostitute). A similar law was passed in Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
(in 2009) and in Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
(in 2009).
Economic and health issues
It is argued that street prostitution is not victimless as it may damage the reputation and quality of life in the neighbourhood and diminish the value of property. Maxwell (2000) and other researcher have found substantial evidence that there is strong co-occurrence between prostitution, drug use, drug selling, and involvement in non-drug crimes, particularly property crime. Because the activity is considered criminal in many jurisdictions, its substantial revenues are not contributing to the tax revenues of the state, and its workers are not routinely screened for sexually transmitted diseases which is dangerous in cultures favouring unprotected sex and leads to significant expenditure in the health services. According to the Estimates of the costs of crime in Australia http://www.aic.gov.au/publications/tandi/ti39.pdf, there is an "estimated $96 million loss of taxation revenue from undeclared earnings of prostitution".Human trafficking
Sigma HudaSigma Huda
Sigma Huda is a Bangladeshi lawyer and wife of former government minister and barrister Nazmul Huda. Since 2004, she has served as the United Nations' Special Rapporteur on human trafficking....
, a UN special reporter on trafficking in persons said "For the most part, prostitution as actually practiced in the world usually does satisfy the elements of trafficking."
Internationally, the most common destinations for victims of human trafficking are Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Turkey
Turkey
Turkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
and the US, according to a report by the UNODC (United Nations Office on Drugs and Crime
United Nations Office on Drugs and Crime
The United Nations Office on Drugs and Crime is a United Nations agency that was established in 1997 as the Office for Drug Control and Crime Prevention by combining the United Nations International Drug Control Program and the Crime Prevention and Criminal Justice Division in the United Nations...
).
The major sources of trafficked persons include Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
, China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, Belarus
Belarus
Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
, Moldova
Moldova
Moldova , officially the Republic of Moldova is a landlocked state in Eastern Europe, located between Romania to the West and Ukraine to the North, East and South. It declared itself an independent state with the same boundaries as the preceding Moldavian Soviet Socialist Republic in 1991, as part...
, and Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
.
Prostitution laws have been argued to affect trafficking flows.
Gender
Considerable diversity and stratification of experiences are available within prostitution: from straight and gay prostitutes on the street to elite escort services. For these purposes, sexual services may be offered by biologicalNature
Nature, in the broadest sense, is equivalent to the natural world, physical world, or material world. "Nature" refers to the phenomena of the physical world, and also to life in general...
men and women, and the transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
ed and transvestite.
In Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
, in April 2007, there were 1,352 female and 21 male prostitutes officially registered. The number of prostitutes who are not registered (and therefore work illegally) is not known.
A recent study by TAMPEP
TAMPEP
TAMPEP is an international organization that supports the health and human rights of migrant sex workers in Europe. Founded in 1993 with headquarters in Amsterdam, the organization initially operated in Italy, Austria, Germany and the Netherlands...
, on the prostitute population from Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, estimated that 93% of prostitutes were female, 3% transgender and 4% male.
Arrest statistics show that in those states
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
where buying and selling sex are equally illegal, the tendency is to arrest the service provider and not the customer, even though there are significantly more customers than sellers. Thus, it is a fact that more women than men are arrested, and the true extent of the crime is underreported. James (1982) reports that, in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the arrest ratio of women to men was 3:2, but notes that many of the men arrested were the prostitutes rather than the clients.
Developed v. developing countries
"By 1975, Thailand, with the help of World Bank economists, had instituted a National Plan of Tourist Development, which specifically underwrote the sex industry .. . . Without directly subsidising prostitution, the Act [the Entertainment Places Act] referred repeatedly to the personal services' sector. According to Thai feminist Sukyana Hantrakul, the law 'was enacted to pave the way for whorehouses to be legalised in the guise of massage parlours, bars, nightclubs, tea houses, etc." See Aarons Sach," A prostitute at nine," The Times of India Sunday Review, January 22, 1995. With particular reference to children, the United Nations Convention on the Rights of the ChildConvention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
creates specific obligations. Article 34 stipulates that:
- State Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, State Parties shall, in particular, take all appropriate national, bilateral, and multilateral measures to prevent:
- The inducement or coercion of a child to engage in any unlawful sexual activity.
- The exploitative use of children in prostitution or other unlawful sexual practices.
- The exploitative use of children in pornographic performances and materials.
As of 2000, twenty four countries had enacted legislation criminalising child sex tourism, e.g. in Australia, the Crimes (Child Sex Tourism) Amendment Act 1994 covers a wide range of sexual activities with children under the age of 16 committed overseas. Laws with extraterritorial application are intended to fill the gap when countries are unwilling or unable to take action against known offenders. The rationale is that child-sex offenders should not escape justice simply because they are in a position to return to their home country. There is little research into whether the child sex tourism legislation has any real deterrent effect on adults determined to have sex with children overseas. It may be that these people are
simply more careful in their activities as a result of the laws. There are three obvious problems:
- the low level of reporting of sexual offences by child victims or their parents;
- the poverty which motivates the decision to survive economically through the provision of sexual services; and
- the criminal justice systems which, in the Third World country may lack transparency, and in the First World country may involve hostile and intrusive cross-examination of child witnesses with no adult witnesses to corroborate their evidence.
Prohibition arguments
In most countries where prostitution is illegal, the prohibition of the sex trade is subject to debate and controversy among some people and some organizations, with some voices saying that the fact that prostitution is illegal increases criminal activities and negatively affects the prostitutes.Those who support prohibition or abolition of prostitution argue that keeping prostitution illegal is the best way to prevent abusive and dangerous activities (child prostitution, human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
etc.). They argue that a system which allows legalized and regulated prostitution has very negative effects and does not improve the situation of the prostitutes; such legal systems only lead to crime and abuse: many women who work in licensed brothels are still controlled by outside pimps; many brothel owners are criminals themselves; the creation of a legal and regulated prostitution industry only leads to another parallel illegal industry, as many women do not want to register and work legally (since this would rob them of their anonymity) and other women can not be hired by legal brothels because of underlying problems (e.g., drug abuse
Drug abuse
Substance abuse, also known as drug abuse, refers to a maladaptive pattern of use of a substance that is not considered dependent. The term "drug abuse" does not exclude dependency, but is otherwise used in a similar manner in nonmedical contexts...
); legalizing prostitution makes it more socially acceptable to buy sex, creating a huge demand for prostitutes (both by local men and by foreigners engaging in sex tourism) and, as a result, human trafficking and underage prostitution increase in order to satisfy this demand.
A multi-country study for the International Organisation for Migration found that 75% of men who buy sex prefer women under 25 years old, and over 20% prefer girls under 18 years old.
In Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, at the end of 2008, six people were convicted in what prosecutors said was the worst case of human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
ever brought to trial in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
. Experts said the case could have an impact on the Dutch prostitution policy. Jan van Dijk, an organized crime and victimology expert at the International Victimology Institute Tilburg of Tilburg University, said "The honeymoon of the new prostitution legislation is over; we are really reconsidering whether we're on the right track". In Amsterdam
Amsterdam
Amsterdam is the largest city and the capital of the Netherlands. The current position of Amsterdam as capital city of the Kingdom of the Netherlands is governed by the constitution of August 24, 1815 and its successors. Amsterdam has a population of 783,364 within city limits, an urban population...
, in the last few years, a significant number of brothels and prostitution "windows" have been closed because of suspected criminal activity, and in 2009 the Dutch justice ministry announced plans to close 320 prostitution "windows" from Amsterdam.
Some have argued that an extremely high level of violence is inherent to prostitution, and claim that many prostitutes have been the subject of violence, rape and coercion before entering prostitution including as children. and that many young women and girls enter prostitution directly from state care in at least England, Norway, Australia and Canada.
Abolitionists believe tolerance of prostitution is tolerance of inegalitarian sexuality in which male sexual demands can override women's sexual autonomy and overall well-being.
Regulated prostitution
In some countries (or administrative subdivisions within a country) prostitution is legal and regulated. In these jurisdictions there is a specific law which explicitly allows the practice of prostitution if certain conditions are met (as opposed to the places where prostitution is legal only because there is no law to prohibit it).In countries where prostitution is regulated, the prostitutes may be registered, they may be hired by a brothel, they may organize trade unions, they may be covered by workers protection laws, their proceeds may be taxable, they may be required to undergo regular health checks, etc. The degree of regulation, however, varies very much by jurisdiction.
Such approaches are taken with the stance that prostitution is impossible to eliminate, and thus these societies have chosen to regulate it in an attempt to reduce the more undesirable consequences. Goals of such regulations include controlling sexually transmitted disease
Sexually transmitted disease
Sexually transmitted disease , also known as a sexually transmitted infection or venereal disease , is an illness that has a significant probability of transmission between humans by means of human sexual behavior, including vaginal intercourse, oral sex, and anal sex...
, reducing sexual slavery, controlling where brothels may operate and dissociating prostitution from crime syndicates.
In countries where prostitution is legal and regulated it is usual for the practice to be restricted to particular areas.
In countries where prostitution itself is not illegal, but associated activities are outlawed, prostitution is generally not regulated.
Mandatory health checks
Not all countries with regulated prostitution require mandatory health checks (because such checks are seen as too intrusive, a violation of human rights and a discriminatory policy, since the clients don't have to be subjected to them).A few jurisdictions, however, require that prostitutes undergo regular health checks for sexually transmitted disease
Sexually transmitted disease
Sexually transmitted disease , also known as a sexually transmitted infection or venereal disease , is an illness that has a significant probability of transmission between humans by means of human sexual behavior, including vaginal intercourse, oral sex, and anal sex...
s.
In Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, state law requires that registered brothel prostitutes be checked weekly for several sexually transmitted diseases and monthly for HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
; furthermore, condom
Condom
A condom is a barrier device most commonly used during sexual intercourse to reduce the probability of pregnancy and spreading sexually transmitted diseases . It is put on a man's erect penis and physically blocks ejaculated semen from entering the body of a sexual partner...
s are mandatory for all oral sex
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
and sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
. Brothel owners may be held liable if customers become infected with HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
after a prostitute has tested positive for the virus. Prostitution outside the licensed brothels is illegal throughout the state; all forms of prostitution are illegal in Las Vegas
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
(and Clark County
Clark County, Nevada
-Demographics:As of the census of 2000, there were 1,375,765 people, 512,253 households, and 339,693 families residing within the MSA. The racial makeup of the MSA was 71.6% White , 9.1% Black, 5.7% Asian, 0.8% American Indian and 12.8% of other or mixed race. 22.0% were Hispanic of any race...
, which contains its metropolitan area), in Reno
Reno
Reno is the fourth most populous city in Nevada, US.Reno may also refer to:-Places:Italy*The Reno River, in Northern ItalyCanada*Reno No...
(and Washoe County
Washoe County, Nevada
Washoe County is a county located in the U.S. state of Nevada. The population was 421,407 at the 2010 census. Its county seat is Reno. Washoe County includes the Reno-Sparks metropolitan area.-History:...
), in Carson City, and in a few other parts of the state (currently 8 out of Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
's 16 counties have active brothels, see Prostitution in Nevada
Prostitution in Nevada
Nevada is the only U.S. state to allow some legal prostitution, in the form of regulated brothels. Prostitution outside these licensed brothels is illegal....
).
Labor laws
The regulation of prostitution is problematic because standard labor regulations cannot be applied to prostitution. The typical relation between employer and employee where the employer is in a position of authority over the employee is - in the case of prostitution - viewed by many as contrary to the physical integrity of the prostitute. It is forbidden to order a person to have sex on a given moment at a given place. Many sex operators also do not want to pay social securitySocial security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
contributions which comes with paid labor. Therefore many prostitutes - in countries where prostitution is regulated - are officially listed as independent contractors. Sex operators typically operate as facilitators only and do not interfere with the prostitutes.
Status of unregulated prostitution
The existence of regulated prostitution generally implies that prostitution is illegal outside of the regulated context.For example, Nevada has laws against engaging in prostitution outside of licensed brothels, against encouraging others to become prostitutes, and against living off the proceeds of a prostitute.
Worldwide laws
Summary of legal status
Below there is a presentation of the legal status of prostitution around the world, as reported by the 2008 Country Reports on Human Rights Practices, which was released in 2009.Prostitution illegal
In these countries prostitution itself (exchanging sex for money) is illegal. The punishment for prostitution varies considerably: in some countries, it can incur the death penalty, in other jurisdictions, it is a crime punishable with a prison sentence, while in others it is a lesser administrative offense punishable only with a fine.- Africa: AlgeriaAlgeriaAlgeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
, AngolaAngolaAngola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
, BotswanaBotswanaBotswana, officially the Republic of Botswana , is a landlocked country located in Southern Africa. The citizens are referred to as "Batswana" . Formerly the British protectorate of Bechuanaland, Botswana adopted its new name after becoming independent within the Commonwealth on 30 September 1966...
, BurundiBurundiBurundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, CameroonCameroonCameroon, officially the Republic of Cameroon , is a country in west Central Africa. It is bordered by Nigeria to the west; Chad to the northeast; the Central African Republic to the east; and Equatorial Guinea, Gabon, and the Republic of the Congo to the south. Cameroon's coastline lies on the...
, ChadChadChad , officially known as the Republic of Chad, is a landlocked country in Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic to the south, Cameroon and Nigeria to the southwest, and Niger to the west...
, ComorosComorosThe Comoros , officially the Union of the Comoros is an archipelago island nation in the Indian Ocean, located off the eastern coast of Africa, on the northern end of the Mozambique Channel, between northeastern Mozambique and northwestern Madagascar...
, Republic of Congo, DjiboutiDjiboutiDjibouti , officially the Republic of Djibouti , is a country in the Horn of Africa. It is bordered by Eritrea in the north, Ethiopia in the west and south, and Somalia in the southeast. The remainder of the border is formed by the Red Sea and the Gulf of Aden at the east...
, EgyptEgyptEgypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
, EritreaEritreaEritrea , officially the State of Eritrea, is a country in the Horn of Africa. Eritrea derives it's name from the Greek word Erethria, meaning 'red land'. The capital is Asmara. It is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast...
, GabonGabonGabon , officially the Gabonese Republic is a state in west central Africa sharing borders with Equatorial Guinea to the northwest, Cameroon to the north, and with the Republic of the Congo curving around the east and south. The Gulf of Guinea, an arm of the Atlantic Ocean is to the west...
, The GambiaThe GambiaThe Republic of The Gambia, commonly referred to as The Gambia, or Gambia , is a country in West Africa. Gambia is the smallest country on mainland Africa, surrounded by Senegal except for a short coastline on the Atlantic Ocean in the west....
, GhanaGhanaGhana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
, GuineaGuineaGuinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...
, KenyaKenyaKenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
, LiberiaLiberiaLiberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
, MauritaniaMauritaniaMauritania is a country in the Maghreb and West Africa. It is bordered by the Atlantic Ocean in the west, by Western Sahara in the north, by Algeria in the northeast, by Mali in the east and southeast, and by Senegal in the southwest...
, MauritiusMauritiusMauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
, MoroccoMoroccoMorocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
, NigerNigerNiger , officially named the Republic of Niger, is a landlocked country in Western Africa, named after the Niger River. It borders Nigeria and Benin to the south, Burkina Faso and Mali to the west, Algeria and Libya to the north and Chad to the east...
, NigeriaNigeriaNigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, RwandaRwandaRwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, SomaliaSomaliaSomalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
, South AfricaSouth AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, SudanSudanSudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
, SwazilandSwazilandSwaziland, officially the Kingdom of Swaziland , and sometimes called Ngwane or Swatini, is a landlocked country in Southern Africa, bordered to the north, south and west by South Africa, and to the east by Mozambique...
, TanzaniaTanzaniaThe United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
, UgandaUgandaUganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by...
, ZambiaZambiaZambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
, ZimbabweZimbabweZimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
- Asia: AfghanistanAfghanistanAfghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
, BahrainBahrain' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...
, Burma,Burma BruneiBruneiBrunei , officially the State of Brunei Darussalam or the Nation of Brunei, the Abode of Peace , is a sovereign state located on the north coast of the island of Borneo, in Southeast Asia...
, ChinaPeople's Republic of ChinaChina , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
,China IraqIraqIraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, IranIranIran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
, JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
(illegal, but no judicial penalty is defined, see Prostitution in JapanProstitution in JapanProstitution in Japan has existed throughout the country's history.While the Anti-Prostitution Law of 1956 states that "No person may either do prostitution or become the customer of it," various loopholes, liberal interpretations of the law, and loose enforcement have allowed the sex industry to...
), JordanJordanJordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
, KuwaitKuwaitThe State of Kuwait is a sovereign Arab state situated in the north-east of the Arabian Peninsula in Western Asia. It is bordered by Saudi Arabia to the south at Khafji, and Iraq to the north at Basra. It lies on the north-western shore of the Persian Gulf. The name Kuwait is derived from the...
, LaosLaosLaos Lao: ສາທາລະນະລັດ ປະຊາທິປະໄຕ ປະຊາຊົນລາວ Sathalanalat Paxathipatai Paxaxon Lao, officially the Lao People's Democratic Republic, is a landlocked country in Southeast Asia, bordered by Burma and China to the northwest, Vietnam to the east, Cambodia to the south and Thailand to the west...
,Laos MaldivesMaldivesThe Maldives , , officially Republic of Maldives , also referred to as the Maldive Islands, is an island nation in the Indian Ocean formed by a double chain of twenty-six atolls oriented north-south off India's Lakshadweep islands, between Minicoy Island and...
, MongoliaMongoliaMongolia is a landlocked country in East and Central Asia. It is bordered by Russia to the north and China to the south, east and west. Although Mongolia does not share a border with Kazakhstan, its western-most point is only from Kazakhstan's eastern tip. Ulan Bator, the capital and largest...
,Mongolia North KoreaNorth KoreaThe Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
,North Korea OmanOmanOman , officially called the Sultanate of Oman , is an Arab state in southwest Asia on the southeast coast of the Arabian Peninsula. It is bordered by the United Arab Emirates to the northwest, Saudi Arabia to the west, and Yemen to the southwest. The coast is formed by the Arabian Sea on the...
, PakistanPakistanPakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
,Philippines QatarQatarQatar , also known as the State of Qatar or locally Dawlat Qaṭar, is a sovereign Arab state, located in the Middle East, occupying the small Qatar Peninsula on the northeasterly coast of the much larger Arabian Peninsula. Its sole land border is with Saudi Arabia to the south, with the rest of its...
, Saudi ArabiaSaudi ArabiaThe Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, South KoreaSouth KoreaThe Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
,South Korea Sri LankaSri LankaSri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
,Sri Lanka SyriaSyriaSyria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
, TaiwanRepublic of ChinaThe Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
,Taiwan TajikistanTajikistanTajikistan , officially the Republic of Tajikistan , is a mountainous landlocked country in Central Asia. Afghanistan borders it to the south, Uzbekistan to the west, Kyrgyzstan to the north, and China to the east....
, ThailandThailandThailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
,Thailand TurkmenistanTurkmenistanTurkmenistan , formerly also known as Turkmenia is one of the Turkic states in Central Asia. Until 1991, it was a constituent republic of the Soviet Union, the Turkmen Soviet Socialist Republic . Turkmenistan is one of the six independent Turkic states...
, United Arab EmiratesUnited Arab EmiratesThe United Arab Emirates, abbreviated as the UAE, or shortened to "the Emirates", is a state situated in the southeast of the Arabian Peninsula in Western Asia on the Persian Gulf, bordering Oman, and Saudi Arabia, and sharing sea borders with Iraq, Kuwait, Bahrain, Qatar, and Iran.The UAE is a...
, UzbekistanUzbekistanUzbekistan , officially the Republic of Uzbekistan is a doubly landlocked country in Central Asia and one of the six independent Turkic states. It shares borders with Kazakhstan to the west and to the north, Kyrgyzstan and Tajikistan to the east, and Afghanistan and Turkmenistan to the south....
, VietnamVietnamVietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
,Vietnam YemenYemenThe Republic of Yemen , commonly known as Yemen , is a country located in the Middle East, occupying the southwestern to southern end of the Arabian Peninsula. It is bordered by Saudi Arabia to the north, the Red Sea to the west, and Oman to the east....
.
- Europe: AlbaniaAlbaniaAlbania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
, AndorraAndorraAndorra , officially the Principality of Andorra , also called the Principality of the Valleys of Andorra, , is a small landlocked country in southwestern Europe, located in the eastern Pyrenees mountains and bordered by Spain and France. It is the sixth smallest nation in Europe having an area of...
, AzerbaijanAzerbaijanAzerbaijan , officially the Republic of Azerbaijan is the largest country in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded by the Caspian Sea to the east, Russia to the north, Georgia to the northwest, Armenia to the west, and Iran to...
, BelarusBelarusBelarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
, Bosnia, CroatiaCroatiaCroatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
, GeorgiaGeorgia (country)Georgia is a sovereign state in the Caucasus region of Eurasia. Located at the crossroads of Western Asia and Eastern Europe, it is bounded to the west by the Black Sea, to the north by Russia, to the southwest by Turkey, to the south by Armenia, and to the southeast by Azerbaijan. The capital of...
, IcelandIcelandIceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
, LiechtensteinLiechtensteinThe Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...
, LithuaniaLithuaniaLithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
, MacedoniaRepublic of MacedoniaMacedonia , officially the Republic of Macedonia , is a country located in the central Balkan peninsula in Southeast Europe. It is one of the successor states of the former Yugoslavia, from which it declared independence in 1991...
, MaltaMaltaMalta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
, MoldovaMoldovaMoldova , officially the Republic of Moldova is a landlocked state in Eastern Europe, located between Romania to the West and Ukraine to the North, East and South. It declared itself an independent state with the same boundaries as the preceding Moldavian Soviet Socialist Republic in 1991, as part...
, MonacoMonacoMonaco , officially the Principality of Monaco , is a sovereign city state on the French Riviera. It is bordered on three sides by its neighbour, France, and its centre is about from Italy. Its area is with a population of 35,986 as of 2011 and is the most densely populated country in the...
, MontenegroMontenegroMontenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...
, NorwayNorwayNorway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, RomaniaRomaniaRomania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, RussiaRussiaRussia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, San MarinoSan MarinoSan Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
, SerbiaSerbiaSerbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
, SwedenSwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, UkraineUkraineUkraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
. In SwedenSwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, NorwayNorwayNorway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
and IcelandIcelandIceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
it is illegal to pay for sex (the client commits a crime, but not the prostitute)
- North America: Antigua and BarbudaAntigua and BarbudaAntigua and Barbuda is a twin-island nation lying between the Caribbean Sea and the Atlantic Ocean. It consists of two major inhabited islands, Antigua and Barbuda, and a number of smaller islands...
,Antigua and Barbuda The BahamasThe BahamasThe Bahamas , officially the Commonwealth of the Bahamas, is a nation consisting of 29 islands, 661 cays, and 2,387 islets . It is located in the Atlantic Ocean north of Cuba and Hispaniola , northwest of the Turks and Caicos Islands, and southeast of the United States...
,Bahamas BarbadosBarbadosBarbados is an island country in the Lesser Antilles. It is in length and as much as in width, amounting to . It is situated in the western area of the North Atlantic and 100 kilometres east of the Windward Islands and the Caribbean Sea; therein, it is about east of the islands of Saint...
,Barbados DominicaDominicaDominica , officially the Commonwealth of Dominica, is an island nation in the Lesser Antilles region of the Caribbean Sea, south-southeast of Guadeloupe and northwest of Martinique. Its size is and the highest point in the country is Morne Diablotins, which has an elevation of . The Commonwealth...
,Dominica GrenadaGrenadaGrenada is an island country and Commonwealth Realm consisting of the island of Grenada and six smaller islands at the southern end of the Grenadines in the southeastern Caribbean Sea...
,Grenada HaitiHaitiHaiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
,Haiti JamaicaJamaicaJamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
,Jamaica Saint Kitts and NevisSaint Kitts and NevisThe Federation of Saint Kitts and Nevis , located in the Leeward Islands, is a federal two-island nation in the West Indies. It is the smallest sovereign state in the Americas, in both area and population....
,Saint Kitts and Nevis Saint LuciaSaint LuciaSaint Lucia is an island country in the eastern Caribbean Sea on the boundary with the Atlantic Ocean. Part of the Lesser Antilles, it is located north/northeast of the island of Saint Vincent, northwest of Barbados and south of Martinique. It covers a land area of 620 km2 and has an...
,Saint Lucia Trinidad and TobagoTrinidad and TobagoTrinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
,Trinidad and Tobago United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
(no federal law, but illegal in all states except NevadaNevadaNevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, where some rural counties license brothels, see Prostitution in the United StatesProstitution in the United StatesProstitution in the United States is illegal except in some small rural communities in Nevada. In the United States, each state has the power to regulate prostitution in that state. Only in parts of Nevada is prostitution legal. In all other states prostitution is usually classified as a...
).
- Oceania: FijiFijiFiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
,Fiji SamoaSamoaSamoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...
, Marshall IslandsMarshall IslandsThe Republic of the Marshall Islands , , is a Micronesian nation of atolls and islands in the middle of the Pacific Ocean, just west of the International Date Line and just north of the Equator. As of July 2011 the population was 67,182...
,Marshall Islands NauruNauruNauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
,Nauru PalauPalauPalau , officially the Republic of Palau , is an island nation in the Pacific Ocean, east of the Philippines and south of Tokyo. In 1978, after three decades as being part of the United Nations trusteeship, Palau chose independence instead of becoming part of the Federated States of Micronesia, a...
,Palau Papua New GuineaPapua New GuineaPapua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
,Papua New Guinea Solomon IslandsSolomon IslandsSolomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
,Solomon Islands TuvaluTuvaluTuvalu , formerly known as the Ellice Islands, is a Polynesian island nation located in the Pacific Ocean, midway between Hawaii and Australia. Its nearest neighbours are Kiribati, Nauru, Samoa and Fiji. It comprises four reef islands and five true atolls...
,Tuvalu VanuatuVanuatuVanuatu , officially the Republic of Vanuatu , is an island nation located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is some east of northern Australia, northeast of New Caledonia, west of Fiji, and southeast of the Solomon Islands, near New Guinea.Vanuatu was...
,Vanuatu The Federated States of Micronesia.
- South America: GuyanaGuyanaGuyana , officially the Co-operative Republic of Guyana, previously the colony of British Guiana, is a sovereign state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana was a former colony of the Dutch and of the British...
,Guyana SurinameSurinameSuriname , officially the Republic of Suriname , is a country in northern South America. It borders French Guiana to the east, Guyana to the west, Brazil to the south, and on the north by the Atlantic Ocean. Suriname was a former colony of the British and of the Dutch, and was previously known as...
.Suriname
Prostitution legal, but procuring illegal
In these countries there is no specific law prohibiting the exchange of sex for money, but in general most forms of procuringProcuring (prostitution)
Procuring or pandering is the facilitation or provision of a prostitute in the arrangement of a sex act with a customer. Examples of procuring include:*trafficking a prostitute into a country for the purpose of soliciting sex...
are illegal. These countries also generally have laws against soliciting in a public place (e.g., a street) or advertising prostitution, making it difficult to engage in prostitution without breaking any law.
- Africa: Burkina FasoBurkina FasoBurkina Faso – also known by its short-form name Burkina – is a landlocked country in west Africa. It is surrounded by six countries: Mali to the north, Niger to the east, Benin to the southeast, Togo and Ghana to the south, and Côte d'Ivoire to the southwest.Its size is with an estimated...
,Burkina Faso Central African RepublicCentral African RepublicThe Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the north east, South Sudan in the east, the Democratic Republic of the Congo and the Republic of the Congo in the south, and Cameroon in the west. The CAR covers a land area of about ,...
,Central African Republic Cote d'IvoireCôte d'IvoireThe Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...
,Cote d'Ivoire EthiopiaEthiopiaEthiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
,Ethiopia MadagascarMadagascarThe Republic of Madagascar is an island country located in the Indian Ocean off the southeastern coast of Africa...
,Madagascar MalawiMalawiThe Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
,Malawi Sierra LeoneSierra LeoneSierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
.
- Asia: Hong KongHong KongHong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
,Hong Kong IndiaIndiaIndia , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
,India IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, KazakhstanKazakhstanKazakhstan , officially the Republic of Kazakhstan, is a transcontinental country in Central Asia and Eastern Europe. Ranked as the ninth largest country in the world, it is also the world's largest landlocked country; its territory of is greater than Western Europe...
, KyrgyzstanKyrgyzstanKyrgyzstan , officially the Kyrgyz Republic is one of the world's six independent Turkic states . Located in Central Asia, landlocked and mountainous, Kyrgyzstan is bordered by Kazakhstan to the north, Uzbekistan to the west, Tajikistan to the southwest and China to the east...
, MacauMacauMacau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
,Macau SingaporeSingaporeSingapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, Timor-Leste.Timor-Leste
- Europe: ArmeniaArmeniaArmenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
, BelgiumBelgiumBelgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, BulgariaBulgariaBulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, CyprusCyprusCyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
, Czech RepublicCzech RepublicThe Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
, DenmarkDenmarkDenmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, EstoniaEstoniaEstonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
, FinlandFinlandFinland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, ItalyItalyItaly , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, LuxembourgLuxembourgLuxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, PolandPolandPoland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
, PortugalPortugalPortugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, SlovakiaSlovakiaThe Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
, SloveniaSloveniaSlovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
, SpainSpainSpain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
- North America: BelizeBelizeBelize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
, CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
,Canada Costa RicaCosta RicaCosta Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
, CubaCubaThe Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
, the Dominican RepublicDominican RepublicThe Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...
, El SalvadorEl SalvadorEl Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
, GuatemalaGuatemalaGuatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
, HondurasHondurasHonduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize...
, NicaraguaNicaraguaNicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
.
- Oceania: AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
(in western states and Tasmania, see Prostitution in AustraliaProstitution in AustraliaProstitution in Australia is governed by state and territory laws, which vary considerably; and Federal legislation also has an impact on some aspects of prostitution throughout Australia, and of Australian citizens and residents outside of the country....
), KiribatiKiribatiKiribati , officially the Republic of Kiribati, is an island nation located in the central tropical Pacific Ocean. The permanent population exceeds just over 100,000 , and is composed of 32 atolls and one raised coral island, dispersed over 3.5 million square kilometres, straddling the...
,Kiribati TongaTongaTonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...
.Tonga
- South America: ArgentinaArgentinaArgentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, BrazilBrazilBrazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, ChileChileChile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
.
Prostitution legal and regulated
In some countries prostitution is legal and regulated, though activities like pimping and street-walking are generally illegal. The degree of regulation varies by country, for example, not all countries require mandatory health checks (because such checks are seen as too intrusive, a violation of human rights and discriminatory, since the clients aren't subjected to them).In some of these places the regulations are very tight (e.g., Nevada
Prostitution in Nevada
Nevada is the only U.S. state to allow some legal prostitution, in the form of regulated brothels. Prostitution outside these licensed brothels is illegal....
), while other places (e.g., New Zealand
Prostitution in New Zealand
Prostitution , brothel keeping, living off the proceeds of someone else's prostitution and street solicitation are legal and regulated in New Zealand...
) are very loosely regulated.
- Africa: Côte d'IvoireCôte d'IvoireThe Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...
, SenegalSenegalSenegal , officially the Republic of Senegal , is a country in western Africa. It owes its name to the Sénégal River that borders it to the east and north... - Asia: LebanonLebanonLebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
- Europe: AustriaAustriaAustria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, GreeceGreeceGreece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, HungaryHungaryHungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
, LatviaLatviaLatvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
, NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, SwitzerlandSwitzerlandSwitzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, TurkeyTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe... - North America: MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, PanamaPanamaPanama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
, United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
(only in some rural counties of Nevada, see Prostitution in NevadaProstitution in NevadaNevada is the only U.S. state to allow some legal prostitution, in the form of regulated brothels. Prostitution outside these licensed brothels is illegal....
) - Oceania: AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
(in most eastern states, see Prostitution in AustraliaProstitution in AustraliaProstitution in Australia is governed by state and territory laws, which vary considerably; and Federal legislation also has an impact on some aspects of prostitution throughout Australia, and of Australian citizens and residents outside of the country....
), New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga... - South America: BoliviaBoliviaBolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
, ColombiaColombiaColombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, EcuadorEcuadorEcuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, ParaguayParaguayParaguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
, PeruPeruPeru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
, UruguayUruguayUruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
, VenezuelaVenezuelaVenezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
Australia
In AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, prostitution laws vary from State to State (see Prostitution in Australia
Prostitution in Australia
Prostitution in Australia is governed by state and territory laws, which vary considerably; and Federal legislation also has an impact on some aspects of prostitution throughout Australia, and of Australian citizens and residents outside of the country....
). Most have decriminalised prostitution in varying ways. Regulation (sometimes known as legalisation) permits prostitution in certain forms, usually through zoning (confinement to certain areas) or licensing (licensing a limited number of prostitutes to work in certain areas of a city). Regulation views prostitution as a necessary evil if not a social necessity. The aim is not eradication so much as control, the goal being to keep prostitution limited to areas of town where it will not offend the rest of the citizenry. But regulation does little to change the dynamics between prostitutes and the public in that it legitimises prostitution only to the point that it may be practised in certain circumstances, but does not accord prostitutes any practical rights beyond the right not to be criminally charged in certain circumstances. In this context, decriminalisation also means institutional controls over the lives of those who engage in this work rather than granting the women control over the work they choose. See Egger (1991) and Pinto et al. (2005).
Australia is a destination country for women who are trafficked into prostitution (there is trafficking for other purposes in Australia, though no research has been conducted which focuses on other forms of exploitation). The Australian Government announced a $20 million counter-trafficking package in October 2003, which recognises women trafficked into prostitution as victims of a crime and offers support to help them recover. However, this does not mean that the Australian Government considers all women in prostitution to be victims of a crime, only that trafficking is a crime. Most women trafficked to Australia are from South East Asia and China with some from Eastern and Central Europe and Latin America.
Kathleen Maltzhan reported for The Brisbane Institute
The Brisbane Institute
The Brisbane Institute is an independent think tank based in Brisbane, Queensland, Australia, founded in 1999. It holds various talks, functions, debates and similar activities on average once every 2 to 3 weeks...
in 2004 that in Victoria, trafficked women have been located in a number of legal brothels which is an issue that prostitution regulatory regimes have yet to seriously address:
Canada
The Criminal Code prohibits all forms of public communication for the purpose of prostitution (s.213 [5]), and most forms of indoor prostitution as well: owning, running, transporting or occupying bawdy house (ss.210 [6] and 211 [7]), procuring or living on the avails of prostitution (s.212 [8]). However the act of exchanging sex for money is not illegal. http://laws.justice.gc.ca/en/showdoc/cs/C-46/bo-ga:l_V-gb:s_180//en#anchorbo-ga:l_V-gb:s_180 Although Canada is a federation, the criminal law applies throughout the country, the laws are the same all over Canada. The government included prostitution in the mandate of the Committee on Sexual Offences Against Children and Youth (the Badgley Committee), and the Special Committee on Prostitution and Pornography (the Fraser Committee) which helped to promote a significant body of research which has confirmed that approximately 70% of adult males and females working the street began their involvement in prostitution prior to their eighteenth birthday. This finding has spawned a lengthy debate about the causes and consequences of youth involvement in prostitution. The debate about causes of female youth prostitution centres around the role of sexual abuse and other familial factors that may contribute to a girl running away from or being thrown out of the home. While the trend in other western countries has been to move away from criminal sanctions for prostitution, Canada has done the reverse, legislating a tougher anti-communication law (s.213) in 1986. More recently, various government committees and task forces have called for even tougher laws as well as more vigorous enforcement of the current legislation. In 1990 the Standing Committee on Justice recommended yet more strengthening of the laws including fingerprinting and photographing prostitutes and the removal of drivers licenses for those charged with communication for the purpose of prostitution.The impact of migrant sex trafficking on Canada is estimated at between $120 million to $400 million per year and accounts for approximately 8,000 to 16,000 people arriving in Canada per year illegally. ("Organized Crime Impact Study," Solicitor General of Canada).
Illegal organized prostitution is common in the major cities (Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
, Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
, Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
), and takes place in various establishments, such as strip clubs, massage parlors, hollistic centers, body rub parlors etc. Many of the prostitutes working there are from Asia (especially Southeast Asia
Southeast Asia
Southeast Asia, South-East Asia, South East Asia or Southeastern Asia is a subregion of Asia, consisting of the countries that are geographically south of China, east of India, west of New Guinea and north of Australia. The region lies on the intersection of geological plates, with heavy seismic...
); several cases involving underage girls have occurred. The recruitment of exotic dancers into Canada is legal, with 1000 employment authorizations for foreign exotic dancers being issued every year. This activity is suspected of being linked to the issues of trafficking and sexual exploitation.
India
In India, prostitution (the exchange of sexual services for money) is legal, but a number of related activities, including soliciting in a public place, keeping a brothelBrothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
, pimping and pandering
Procuring (prostitution)
Procuring or pandering is the facilitation or provision of a prostitute in the arrangement of a sex act with a customer. Examples of procuring include:*trafficking a prostitute into a country for the purpose of soliciting sex...
, are outlawed.
Rajeshwari (1999) asserts that realistic accounts of prostitution in research contextualize it in the broad frame of the India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
n socio-economic structure, adverting to the rural poverty and bonded labor, the gross exploitation of tribal, lower-caste and refugee women, urban red-light areas, disease, policy brutality and corruption, and the increasingly controversial issue of prostitutes' children. The country is a significant source, transit point, and destination for trafficked women. According to UNICEF, India contained half of the one million children worldwide who enter the sex trade each year. Many indigenous tribal women were forced into sexual exploitation. In recent years, prostitutes began to demand legal rights, licenses, and reemployment training, especially in Mumbai
Mumbai
Mumbai , formerly known as Bombay in English, is the capital of the Indian state of Maharashtra. It is the most populous city in India, and the fourth most populous city in the world, with a total metropolitan area population of approximately 20.5 million...
, New Delhi
New Delhi
New Delhi is the capital city of India. It serves as the centre of the Government of India and the Government of the National Capital Territory of Delhi. New Delhi is situated within the metropolis of Delhi. It is one of the nine districts of Delhi Union Territory. The total area of the city is...
, and Calcutta. In 2002, the Government signed the South Asian Association for Regional Cooperation
South Asian Association for Regional Cooperation
The South Asian Association for Regional Cooperation is an organisation of South Asian nations, founded in December 1985 by Ziaur Rahman and dedicated to economic, technological, social, and cultural development emphasising collective self-reliance. Its seven founding members are Bangladesh,...
(SAARC) Convention on Prevention and Combating Trafficking in Women and Children for Prostitution. The country is a significant source, transit point, and destination for many thousands of trafficked women. There was a growing pattern of trafficking in child prostitutes from Nepal
Nepal
Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India...
and from Bangladesh
Bangladesh
Bangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
(6,000 to 10,000 annually from each). Girls as young as seven years of age were trafficked from economically depressed neighborhoods in Nepal, Bangladesh, and rural areas to the major prostitution centers of Mumbai, Calcutta, and New Delhi. NGOs estimate that there were approximately 100,000 to 200,000 women and girls working in brothels in Mumbai and 40,000 to 100,000 in Calcutta.
The traditional argument supporting prostitution as a phenomenon invokes male sexual need as a "natural" phenomenon that requires fulfillment outside of monogamous
Monogamy
Monogamy /Gr. μονός+γάμος - one+marriage/ a form of marriage in which an individual has only one spouse at any one time. In current usage monogamy often refers to having one sexual partner irrespective of marriage or reproduction...
marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
- and the prostitute as servicing this need. Its theoretical defense is given in what is termed the "contractarian" argument, according to which the need for sexual gratification is a need similar to the need for food and fresh air (and hence should be as readily available) and, further, that under conditions of "sound" prostitution, sexual services may be freely sold in the market place (Ericsson: 1980). Feminists reject the notion that the powerful male impulse must be satisfied immediately by a co-operative class of women, set aside for the purpose. This is seen as an adrocentric view of sexuality and as reinforcing the psychology of obtaining sexual satisfaction, by rape if necessary. In legal terms, the Indian Immoral Traffic (Prevention) Act 1956, criminalized the volitional act of "a female offering her body for promiscuous sexual intercourse for hire whether in money or in kind". But, under the revised 1986 Act, "prostitution" means " the sexual exploitation or abuse of persons for commercial purpose, and the expression 'prostitute' shall be constructed accordingly" - so there is not only no criminality if there is "offering by way of free contract", there is not even prostitution. More problematic is the status of the transgendered who eke out a living by begging, dancing or prostitution. Indian law recognizes only two biological sexes. The PUCL (K) Report (2003), highlights, "The dominant discourse on human rights in India has yet to come to terms with the production/reproduction of absolute human right are less of transgender communities. At stake is the human right to be different, the right to recognition of different pathways of sexuality, a right to immunity from the oppressive and repressive labeling of despised sexuality. Such a human right does not exist in India."
Swedish model
In Sweden, Norway and Iceland prostitution is illegal. However, unlike in other countries, it is illegal to pay for sex but not to offer sexual services; ie. it is the client who commits a crime, but not the prostitute. In 1999, SwedenSweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
became the first country in the world to adopt this approach. All other prostitution-related activities (such as brothel-keeping and living off the earnings of prostitution) continue to be banned. (see Prostitution in Sweden
Prostitution in Sweden
The laws on prostitution in Sweden make it illegal to buy sexual services, but not to sell them. Pimping, procuring and operating a brothel are also illegal...
) The approach is referred to as the Swedish model, and is also sometimes referred as the Nordic model. It is based on the premise that prostitution is a form of violence against women, and has three main components:
- Though prostitution continues to be illegal, the buyer of sex is the offender and not the seller of sex (the prostitute, who is regarded as the victim). (Ekberg 2004:1191). Also, proponents of the law view trafficking of women and children for prostitution as being driven by the demand for prostitution domestically. Therefore, trafficking for sexual purposes is outlawed. (Ekberg 2004:1200)
- It recognizes that women require another secure source of income in order to leave prostitution and that many women are forced by poverty to enter prostitution. It also recognizes that women require specialized exit services in order to build a life outside of prostitution. Therefore the Swedish state continues to offer strong welfare provisions in general and specialized services to women exiting prostitution in particular. (Ekberg 2004:1192)
- It recognizes public education as key to changing men's behaviour related to prostitution. While legal measures can provide a deterrent and an important statement of society's goals, society as a whole must refuse to tolerate the purchase of sex before social norms will fully change. (Ekberg 2004:1202)
Norway
Prostitution in Norway
Prostitution in Norway is only illegal in that paying for sex is a crime...
and Iceland
Prostitution in Iceland
Paying for sex is illegal in Iceland. In April 2009, the Icelandic Parliament passed new legislation that makes paying for sex illegal ....
.
adopted the Swedish model in 2009. However, the effectiveness of the Swedish model in reducing prostitution has been questioned by the Western Australian Attorney General.Attorney General challenges anti-prostitution lobby. The Record, 17 June 2010 In 2010 the Swedish government admitted in its Country Progress Report to the UN General Assembly Special Session on AIDS that it could not estimate the number of people involved in prostitution since it is largely hidden, but that street prostitution was assumed to be only a fraction of total prostitution, most of which takes place indoors.
Enforcement
The enforcement of the anti-prostitution laws varies a lot from country to country, and from region to region. In many places there is a very big discrepancy between the laws which exist on the books and what occurs in practice. For example, in ThailandThailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
prostitution is illegal, but in practice it is tolerated and regulated. Such situations are common in many Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
n countries.
In areas where prostitution or the associated activities are illegal, prostitutes are commonly charged with crimes ranging from minor infractions such as loitering
Loitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
to more serious crimes like tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
. Their clients can also be charged with solicitation
Solicitation
Literally, solicitation means: 'urgently asking'. It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services...
of prostitution.
In most countries where prostitution is illegal, there is a degree of toleration for some forms of the sex trade. In some countries, such as the US, police occasionally organize sting operations in order to arrest potential prostitutes or clients, this generally happens when the authorities receive complaints from citizens about prostitution occurring in a specific area.
See also
- Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
- Special Rapporteur on the sale of children, child prostitution and child pornographySpecial Rapporteur on the sale of children, child prostitution and child pornographyAccording to Rowen Roel Borgonia, the Special Rapporteur on the sale of children, child prostitution and child pornography works on behalf of the United Nations Human Rights Council to investigate the exploitation of children around the world and make recommendations to governments on how to end...
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and ChildrenProtocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and ChildrenThe Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children is a protocol to the Convention against Transnational Organised Crime...
External links
- Donna M. Hughes, Legalizing Prostitution Will Not Stop the Harm
- Paul Armentano, The Case for Legalized Prostitution
- bayswan.org: Prostitution Law Reform: Defining Terms
Sources
- Carrabine, Eamonn; Iganski, Paul; Lee, Maggy; Plummer, Ken & South, Nigel. (2004). Criminology - A Sociological Introduction. London: Routledge. ISBN 0-415-28167-9
- Egger, Sandra & Harcourt, Christine. (1991). "Prostitution in NSW: The Impact of Deregulation". in Women and the Law: Proceedings of a Conference held 24–26 September 1991. Patricia Weiser Easteal & Sandra McKillop (eds.) ISBN 0-642-18639-1
- Ericsson, Lars. (1980). "Charges Against Prostitution : An Attempt at a Philosophical Assessment". Ethics. 335.
- Erickson P.G.; Butters J.; McGillicuddy P. & Hallgren A. (2000). "Crack and Prostitution: Gender, Myths, and Experiences". Journal of Drug Issues 30(4): 767-788.
- James, Jennifer. (1982). "The Prostitute as Victim" inThe Criminal Justice System and Women: Women Offenders, Victims, Workers. Barbara Raffel Price & Natalie J Sokoloff (eds.). New York: Clark Boardman. pp291–315.
- Lombroso, Cesare & Ferrero, Guglielmo. (2004). Criminal Woman, the Prostitute, and the Normal Woman. Translated by Nicole Hahn Rafter and Mary Gibson. Duke University Press. ISBN 0-8223-3246-9
- Lowman, John. (2002). Identifying Research Gaps in the Prostitution Literature. http://www.justice.gc.ca/en/ps/rs/rep/2002/rr2002_9.pdf
- Maltzhan, Kathleen. (2004). Combating trafficking in women: where to now? http://www.brisinst.org.au/resources/maltzhan_kathleen_traffic.html
- Maxwell, S R. & Maxwell C. D. (2000). "Examining the "criminal careers" of prostitutes within the nexus of drug use, drug selling, and other illicit activities". Criminology 38(3): 787-809.
- Outshoorn, Joyce (ed.). (2004). The Politics of Prostitution: Women's Movements, Democratic States and the Globalisation of Sex Commerce. Cambridge: Cambridge University Press. ISBN 0521540690
- Peoples’ Union for Civil Liberties, Karnataka (PUCL-K). (2003). Human Rights Violations against the Transgender Community: A Study of Kothi and Hijra Sex Workers in Bangalore, India. http://ai.eecs.umich.edu/people/conway/TS/PUCL/PUCL%20Report.pdf
- Pinto, Susan; Scandia, Anita & Wilson, Paul. (2005). Trends & Issues in Crime and Criminal Justice No. 22: Prostitution laws in Australia. ISBN 0-642-15382-5 http://www.aic.gov.au/publications/tandi/tandi22.html
- Schur, Edwin M. (1965) Crimes Without Victims: Deviant Behavior and Public Policy: Abortion, Homosexuality, Drug Addiction. Prentice Hall. ISBN 0-13-192930-5
- Sanchez, Lisa. (1999). "Sex, Law and the Paradox of Agency and Resistance in the Everyday Practices of Women in the "Evergreen" Sex Trade", in Constitutive Criminology at Work. Stuart Henry and Dragon Milovanovic (eds.). New York: State University of New York. ISBN 0-7914-4194-6
- Sullivan, Barbara. (1995) "Rethinking Prostitution" in Transitions: New Australian Feminisms Caine, Barbara. & Pringle, Rosemary (eds.). Sydney: Allen & Unwin. pp. 184–197. ISBN 0-312-12548-8 http://www-old.infoxchange.net.au/wise/HEALTH/Pros2.htm
- Sullivan, Barbara. (2000). Rethinking Prostitution and 'Consent http://apsa2000.anu.edu.au/confpapers/sullivan.rtf
- Committee on Homosexual Offences and Prostitution. (1957). Report of the Committee on Homosexual Offences and Prostitution. London: Her Majesty's Stationery Office.
- Jakobsson, Niklas and Andreas Kotsadam. "The Law and Economics of International Sex Slavery: Prostitution Laws and Trafficking for Sexual Exploitation," Working Papers in Economics 458, Göteborg University, Department of Economics., 2010, 29 pages.