Are anti-sex trafficking laws a way to protect human dignity?

I’ve written a personal view on sex trafficking.

 

In 2015, when prostitution was legalized in Nigeria, the Nigerian Prostitutes Association made headlines by declaring that they would offer their services for free for three days. Of course, offering free services was an interesting issue in itself, but what is more noteworthy is that the Nigerian Prostitutes Association was happy to legalize the sex trade. With human rights activists in many countries, including South Korea, opposing the legalization of prostitution as a violation of women’s human rights, the reaction of the prostitutes’ association is quite ironic. But is legally regulating the sex trade through anti-prostitution laws the way to protect human dignity? While many people think that legally regulating the sex trade is the way forward for human rights, it’s not the right approach.
First, anti-prostitution laws accelerate the blackening of the sex trade market, leaving sex workers without legal protection. While many women’s rights activists oppose legalizing the sex trade on the grounds that it commodifies sex, the AMNESTY International Delegate Assembly in Dublin, Ireland on August 11th called for legalizing the sex trade so that sex workers can operate under legal protection – a decision that reflects the historical and social nature of the sex trade. Sex trafficking has been around since around 3000 BC, and it is a practice that is difficult to eradicate by legalizing it. In fact, prostitution, which is at the heart of the trade, is almost impossible to identify because it often takes place in unauthorized areas. The most serious problems are “undetected exploitation” or “coercive prostitution” through “pimps” and “coercive prostitution arrangements,” and this hierarchy is reinforced by the fact that more regulation of prostitution makes it harder for individuals to sell sex. According to the 2007 and 2010 prostitution surveys conducted by the Ministry of Women’s Affairs, the number of women in prostitution decreased by only 7,000 in the three years, but the 2010 survey did not count the number of women engaged in prostitution via the internet or in pimped sex businesses, creating a ballooning effect that actually increased the number of prostitutes after the Special Prostitution Law was enacted. Pimping does not just lead to stratified prostitution, but also to more serious crimes such as human trafficking, assault, and rape, and creates a structure that does not pay sex workers enough. While it would be great if regulation could eradicate the problem, decriminalization is a better term for legalizing prostitution because regulation can lead to bigger problems. Decriminalizing the sex trade allows sex workers to work in an environment where they can avoid punishment from the law and have their human rights protected.
Secondly, the regulation of prostitution reinforces negative social perceptions of sex workers. Currently, South Korea does not legally recognize sex workers because prostitution is regulated by law. As a result, there is no education system in place to instill proper awareness of sex workers, which leads to negative perceptions of sex workers by the majority of the population. Sex workers who are forced into prostitution for economic and social reasons are further marginalized. Many women’s rights activists fear that the status and rights of women will decline if prostitution is legalized. They fear that public prostitution will become more of an economic activity and less of a tool for women to fulfill their sexual needs, something that was not the case when prostitution was regulated. While these concerns are valid, the target audience for legalizing prostitution is not all women, but rather women who have chosen to work as sex workers. For those who have already chosen to work as sex workers, decriminalizing prostitution is necessary to address the stigma and protect their right to choose their profession. In Norway, for example, the country has implemented limited legalization, making it legal to buy and sell sex only in designated areas. It has also enacted laws that do not criminalize prostitutes themselves, and that punish the act of buying or soliciting sex. This has helped to manage prostitution in limited times and areas, and has reduced stigma and discrimination against prostitutes, improving public perception of the industry. Despite these positive examples, however, opposing human rights activists argue that legalizing the sex trade would spread a culture of golden-traditionalism, where money can buy human sexuality and sex. However, this argument also fails to account for the fact that the sex trade is not legalized for all women, so reckless sex crimes are clearly punishable, and there is more oversight of sex workers than there would be if the sex trade were regulated, which could support human rights gains or improved treatment at the national level.
Third, regulating the sex trade can have a significant economic impact on sex workers. If you think the sex trade market is a distant memory, you’d be wrong. According to statistics compiled by the Korea Criminal Policy Research Institute since 2000, the prostitution market alone is worth about 24 trillion won per year. Calculated by taking into account the amount of money that goes into buying and selling sex, it is estimated that at least 330,000 women are engaged in prostitution, and it is their main source of income. Given that the vast majority of sex workers who rely on prostitution as their primary source of income are engaged in this economic activity voluntarily, it would be harsh to regulate them with tougher laws. For those who are unable to be economically self-sufficient and therefore engage in sex work for a living, legal regulation criminalizes their livelihood. On the other hand, legalizing the sex trade has a number of positive effects. First, as mentioned in the issues above, sex workers who engage in sex for a living have a stable source of economic income. When legalization is not in place, the hierarchy between pimps and sex workers makes it difficult for them to receive a fair wage. Legalization also ensures that sex workers have the right to make career decisions, while also making them liable for taxes. This would bring sex workers under the rule of law and organized management, which would pave the way for addressing the many human rights abuses that have been perpetrated in the shadows.
Currently, many countries, including South Korea, have legalized the sex trade based on a variety of biological and ethical concerns. Some argue that anti-sex trafficking laws that punish sex buyers and help prostituted women find self-sufficiency are the minimum human rights protection. However, as evidenced by the spate of suicides among women working in the sex trade, which is also manifested in the pimp-sex worker conflict, anti-sex trafficking laws alone are not sufficient for systematic management and protection. The claims of human rights activists to ensure human rights are, ironically, claims that oppress prostitutes in social and economic terms. Given the limitations of current anti-prostitution laws and the positive effects of legalizing the sex trade, it’s hard to argue in favor of legalizing the sex trade. Instead, it would be better to create an environment in which sex workers can stand up for their rights through social and economic institutions, rather than trying to eliminate them.