Prostitution Laws


Okay, I think you’re going to have to help me with this one. Suppose you have a product the courts have decided you are legally entitled to sell, but a new law is enacted making it both illegal to advertise or purchase it… Am I missing something here?

In December 2013, the Supreme Court of Canada, in a unanimous 9-0 ruling, struck down Canada’s prostitution laws as violating the Constitution guaranteeing Life, Liberty, and Security of Person. The law it disallowed had prohibited brothels, street solicitations, and living off any money derived from prostitution. The government was given a year to come up with a new law.

http://www.huffingtonpost.ca/2013/12/20/supreme-court-prostitution-canada_n_4478127.html   

So, six months later in early June, they did just that, closely following the so-called Nordic model: selling sex is legal; paying for it is not There are a few subtle Canadian twitches to this model (of course), but it pretty well boils down to the the same result. Which brings me to the issue with which I need some help.

The problem that the government is trying to solve -apart from what they perceive to be the moral one- is the crime that often accompanies prostitution: drugs, violence, and the nuisance to the community where it occurs. And when pressed, they seem to subscribe to the views of Gunilla Ekberg, a lawyer in Sweden who played a role in that country’s adoption of the Nordic Model in 1999. She described prostitution as a form of male sexual violence and has said that the law focuses “on the root cause, the recognition that without men’s demand for and use of women and girls for sexual exploitation, the global prostitution industry would not be able to flourish and expand.

The problem with that argument, of course, is that it doesn’t get rid of prostitution; it merely drives it further underground unsupervised, and into dark and unsafe alleys. It is an approach that, to be polite, is naive, and dangerous for prostitutes -who, remember, are legally recognized as such. And as citizens living within the law, they are entitled to its protection. That, I think, was the intent of the Supreme Court’s decision.

There are various models in other countries that have also attempted to deal with the issues surrounding prostitution. None is perfect, but some appear to offer more protection than the one proposed as a reaction to the Supreme Court. The New Zealand approach seems popular with sex workers in Canada:(http://www.huffingtonpost.ca/2014/06/05/sex-workers-like-new-zeal_n_5450692.html)

And as the linked article states: Prostitution, including brothel ownership and pimping, has been legal in New Zealand since 2003. The sex industry operates under employment and public health laws. Prostitution that is not consensual or involves someone under 18 years is illegal. It’s also against the law to compel or induce someone into sex work, or to provide their earnings. Larger operations must be certified. Prostitutes are still vulnerable if they work on the streets, of course, but the brothels at least allow better working conditions and protection.

It seems to me that offering safe working conditions for a service between two consenting adults goes a long way towards the intent of our constitutional protection. To ascribe denigrating moral attributes to a consensual act ignores the overriding necessity of security of person. To fly in the face not only of the intent of the Constitution but also the ruling of the Supreme Court of Canada which acted to defend it, merely to punish those who, in your opinion deserve it, strikes me as arrogant in the extreme. Intolerant. It smacks of a fundamentalist omniscience, a disinclination even to attempt to view society through the lens of those with whom you disagree.   http://www.huffingtonpost.ca/daniel-tencer/prostitution-law-canada_b_5451466.html 

I hasten to add that I know we all have strong beliefs surrounding this issue -myself included- and I understand the disparate feelings the ruling seems to have unleashed. I also recognize that there is likely no solution that can satisfy everybody. Debate about it is not only appropriate, it is necessary. But to debate, one needs to hear both sides of the argument. The merits and problems with each and every viewpoint need to be explored. There should be no monopoly on interpretation. No unilateral power politics. It is not the prerogative of any elected government to legislate morals at the expense of constitutionally guaranteed rights.

Personally, I object to any government assuming it knows what we should and must believe. And I object to a government that is so convinced that prostitutes are on the wrong track, it thinks it should commit $20 million for a program to encourage them to change their ways. Not all the electorate subscribes to this evangelistic approach:

I’m reminded of a quotation from Oscar Wilde: Morality is simply the attitude we adopt towards people we personally dislike. Is that what’s going on here? The government says it’s not… so it can’t be. Right?

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One thought on “Prostitution Laws

  1. […] has undergone other, more callous impediments as I noted in a 2014 blog on prostitution laws: https://musingsonwomenshealth.com/2014/06/12/prostitution-laws/  So perhaps it might be asking too much to wonder if such a facility might be in the offing -if […]

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