Legalization of Prostitution

By Siobhan Doria

Prostitution is considered the oldest profession in the world. It is one that is dangerous, misjudged, and limited by repressive laws that only further intensify the hazards. For the record, prostitution in Canada is not illegal, however, many aspects associated with prostitution are classified as criminal offenses under Canada's Criminal Code. The actions to solicit the purposes, as well as living off the profits, human sex trafficking, and maintaining a 'bawdy' house are considered illegal. [1]
             
The government's position is that prostitution is unsafe no matter where it takes place, and striking laws will only make matters worse. Currently Canada's prostitution laws are confusing, ill-conceived, and contribute to the violence and discrimination sex workers feel. [2] The laws need to reflect the reality of the profession. Not only have we constructed a situation where prostitution is indirectly prohibited, but the state tries to prohibit all the incidental transactions. It forces prostitutes into unsafe situations where they can become easy prey. Prohibiting communication renders prostitutes unable to “screen” potential clients, the inability to hire security places them at risk, and the bawdy house provision expose them to the streets. These laws are disproportionate to the Charter of Rights.

We must look at prostitution without judgement and search for agency. Discover why that person is where they are and discover their choice in the situation. We must use our minds to make choices, recognizing that everyone has different experiences. To say everyone has the same agency, or the same opportunities, is false. For some, male and female, our bodies limit us and for others our bodies give us opportunities. It is simple to believe prostitutes need to work harder to gain an education or secure different employment, but that is a naive perspective of society. Often, prostitution is a final alternative. The claim that the decriminalization of prostitution could establish it as a feasible career choice is questionable.

Statistics from countries such as New Zealand, have shown that prostitution does not increase when it is decriminalized as it is already entrenched into every community. [3] Canada will not become a country with a raging sex trade as the men and women who buy sex are already buying it; there is no increase in demand because it has been legalized. If anything, it is necessary to realize that prostitution will not disappear from streets if the act is deemed criminal. The decriminalization of prostitution should aim to foster a framework that protects the rights of sex workers from exploitation, promotes the social welfare as well as safety and dignity of the workers, as well forbids prostitution for those under eighteen years of age. Legalizing the actions concerning prostitution will promote a more accepting society, that protects the marginalized and ensures the safety and security in their place of work.

While looking at the laws surrounding prostitution one must ask themselves, who benefits? Men buy prostitutes yet women pay for the crime. Who are these laws protecting? If anything, this is an example of the oppression of women's ownership over their own bodies. Those who are in opposition of the decriminalization of prostitution based on the argument of moral, should consider the implications of making prostitution illegal. It is a displaced sense of morality to claim prostitutes as the punching bag for society. They deserve the rights to be safe while earning a living. It is not about a constitutional right to be a prostitute, it is about depriving prostitutes their constitution rights to life, liberty, and security of the person. The preexisting law is a gift to sexual predators. They are well aware of the fear prostitutes have to call the police and work together, as a result they are placing themselves in a situation that is harmful and isolated. [4]

Prostitution harvests a variety of emotions from the communities in which it exists. Some are resentful by its presence, others merely curious. With that being said, prostitution is not accepted as an integral part of the community. It is something to be tolerated but not condoned. As a result, policies which are ineffective and improper are applied with little or no positive gain.

Invisibility has allowed us to create a standard of rights for prostitutes that are separate but not equal to those guaranteed to the rest of society. While this results in dangerous working conditions it also has negative repercussions for the community as a whole. Rights and freedoms lose their validity when they lose their neutrality. A society that protects only a selected portion of its people is soon unable to protect anyone.