Legalization, Decriminalization or Criminalization; Could We Introduce a Global Prescription for Prostitution (Sex Work)?

Abstract

Context: Prostitution is a complex phenomenon defined as the provision of sexual services to receive something (goods or services) which is not sexual. Given the response of different societies and cultures to criminalization, decriminalization, or legalization of prostitution, this study aimed to compare the three aforementioned approaches to analyze the strengths and weaknesses of each view. Method: This narrative review study summarizes various views on how to control the prostitution phenomenon. To conduct this study, related articles in PubMed, Google Scholar, and Scopus databases, as well as documents and reports published by Amnesty International, the World Health Organization, and the United Nations Office on AIDS, were investigated. There was no time limit for searching the articles and documents. Results: Different communities have their own responses to the prostitution phenomenon, depending on their economic, social, and cultural context. According to the literature reviews, three main approaches, including criminalization, decriminalization, and legalization, are recommended to deal with prostitution. In each of these frameworks, human trafficking and child prostitution are criminalized. Although it seems that partial decriminalization has greater benefits with fewer disadvantages, it is not without defects. Conclusions: All countries, with any dominant approach, must respect the human rights of prostitutes and improve access to healthcare facilities. Using the moderator rules that are embedded in the laws of each country for expediency might also reduce the harmful consequences of the first rules, or measures can be taken by considering specific regulations that exist in the national system of each country.

Kriminalisasi dan Reformulasi Perbuatan Prostitusi dalam Hukum Pidana: Catatan Kritis atas Minimnya Pengaturan Perbuatan Prostitusi Di Indonesia

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Self-rated health and quality of life in female sex workers with substance use disorders in Tehran, Iran

“…It has been shown that the most important dimension of a sex worker's life depends on her damaged social interactions [17], and this is extremely problematic among Iranian sex workers with SUDs. Damaged social interactions can be chained with some of the consequences such as socioeconomic hardship, increased stigma and violence, and breached human rights; the challenges a sex worker may experience where selling sex is culturally intolerable, criminalized, and socially banned [18,19].…”