Why Prostitution Policy (Usually) Fails and What to Do about It?

Abstract

This article describes and discusses the results of two comparative studies of prostitution policy in Europe that are complementary in their design and methodology. One is a comparison of 21 countries using a most different systems design; the other an in-depth comparison of Austria and The Netherlands, using a most similar systems design. The two studies found a remarkable continuity in the inherent approach to the regulation of prostitution and its effects. Despite differences in political regime, administrative organization, and national cultures, since the middle of the 19th century, the purpose of prostitution policy has been to impose strict controls on sex workers and to a lesser extent their work sites. The effects of this approach have been disappointing: despite rhetorical claims to the contrary the control of sex workers has no discernable effect on the prevalence of prostitution in society. The effects of policies aimed at control are mostly negative in that they corrode the human and labor rights of sex workers. The article discusses several challenges to the regulation of prostitution (such as its deeply moral nature and the lack of precise and reliable data) as well a number of other important outcomes (such as the importance of local policy implementation for the effects of regulation). The article concludes with the empirically substantiated suggestion that a form of collaborative governance in which sex worker advocacy organizations participate in the design and implementation of prostitution policy offers real prospects for an effective and humane prostitution policy.

“Well, It Should Be Changed for One, Because It’s Our Bodies”: Sex Workers’ Views on Canada’s Punitive Approach towards Sex Work

“…Thus, even if marginalized groups participate, the prospects for legal reform depend on the current political-legal climate, which largely favors criminalization. This has been the experience in Canada even when sex worker advocacy organizations mobilized and called on the government to develop a collaborative rather than control-driven approach to prostitution policy (Wagenaar 2017). This tells us that in most cases (New Zealand is an exception (Radačić 2017)), they have had little success in challenging morality politics by resorting to discourses around human and civil rights.…”

“…Prostitution policies across the political spectrum continue to be largely driven by ideology, and serve as a prime example of 'morality politics' (Wagenaar 2017). This absence of empirical evidence by which to judge the effectiveness of regulatory frameworks-criminalization, legalization or decriminalization-renders their impact on the lives of sex workers immune to critique.…”

“…In response to these significant challenges, our participants contributed realistic suggestions for reforming the legal system that do not neatly fall under an ideology-driven, adversarial policy approach (Wagenaar 2017). Nearly half of our participants had a well-thought-out view on prostitution legal reform and the vast majority favored change in the direction of decriminalization and regulation by utilizing Canada's existing occupational health and safety laws that regulate other service jobs.…”

Policy as Practice: Explaining Persistent Patterns in Prostitution Policy

“…From the mid‐19th Century onwards the authorities of all countries under study attempted to control and regulate prostitution. These attempts at control took the form of the sequestration of sex workers (by quarantining them in separate neighbourhoods or buildings, by prohibiting their freedom of movement), of imposing regimes of medical inspection, and of subjecting sex workers to an array of more or less coercive regulations and supervisions (Wagenaar , p.12). Despite optimistic rhetoric to the contrary no country had succeeded in significantly reducing the number of sex workers, let alone eradicating prostitution from society altogether.…”

Commentary: Sex work is here to stay and decriminalisation improves safety and social justice

“…Robust research has shown that when sex workers or their activities are criminalised their health and safety is severely compromised,12345678910111213 and this was certainly the case in New Zealand.…”