Prostitution law
Prostitution law
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Prostitution law

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Prostitution law

Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places. A variety of different legal models exist around the world, including total bans, bans that only target the customer, and laws permitting prostitution but prohibiting organized groups, an example being brothels.

In many jurisdictions, prostitution – the commercial exchange of sex for money, goods, service, or some other benefit agreed upon by the transacting parties – is illegal, while in others it is legal, but surrounding activities, such as soliciting in a public place, operating a brothel, and pimping, may be illegal. In many jurisdictions where prostitution is legal, it is regulated; in others it is unregulated. Where the exchange of sex for money is criminalized, it may be the sex worker (most commonly), the client, or both, who are subject to prosecution.

Prostitution has been condemned as a single form of human rights abuse, and an attack on the dignity and worth of human beings. Other schools of thought argue that sex work is a legitimate occupation, whereby a person trades or exchanges sexual acts for money or goods. Some believe that women in developing countries are especially vulnerable to sexual exploitation and human trafficking, while others distinguish this practice from the global sex industry, in which "sex work is done by consenting adults, where the act of selling or buying sexual services is not a violation of human rights." The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organization (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002).

In most countries, sex work is controversial. Members of certain religions oppose prostitution, viewing it as contrary or a threat to their moral codes, while other parties view prostitution as a "necessary evil". Sex worker activists and organizations believe the issue of sex worker human rights is of greatest importance, including those related to freedom of speech, travel, immigration, work, marriage, parenthood, insurance, health insurance, and housing.

Some feminist organizations are opposed to prostitution, considering it a form of exploitation in which males dominate women, and as a practice that is the result of a patriarchal social order. For example, the European Women's Lobby, which bills itself as the largest umbrella organization of women's associations in the European Union, has condemned prostitution as "an intolerable form of male violence". In February 2014, the members of the European Parliament voted in a non-binding resolution (adopted by 343 votes to 139; with 105 abstentions), in favor of the 'Swedish Model' of criminalizing the buying, but not the selling of sex. In 2014, the Council of Europe made a similar recommendation, stating that "While each system presents advantages and disadvantages, policies prohibiting the purchase of sexual services are those that are more likely to have a positive impact on reducing trafficking in human beings".

The Wolfenden Committee Report (1957), which informed the debate in the United Kingdom, states:

[the function of the criminal law is] to preserve public order and decency, to protect the citizen from what is injurious or offensive and to provide safeguards against the exploitation and corruption of others, ... It is not, in our view, the function of the law to intervene in the private lives of citizens, or to seek to enforce any particular code of behaviour, further than is necessary to carry out the purposes of what we have outlined.

Views on what the best legal framework on prostitution should be are often influenced by whether one can view prostitution as morally acceptable or not; indeed Save the Children wrote: "The issue, however, gets mired in controversy and confusion when prostitution too is considered as a violation of the basic human rights of both adult women and minors, and equal to sexual exploitation per se. From this standpoint then, trafficking and prostitution become conflated with each other."

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