Academic literature on the topic 'Prostitutes Legal status'
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Journal articles on the topic "Prostitutes Legal status"
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Yemima Manurung, Monica, Ivan Zairani Lisi, and Rini Apriyani. "KEDUDUKAN HUKUM TERHADAP STATUS SAKSI BAGI PEKERJA SEKS KOMERSIAL DITINJAU DARI PERSPEKTIF KRIMINOLOGI." Borneo Law Review 5, no. 2 (December 20, 2021): 106–12. http://dx.doi.org/10.35334/bolrev.v5i2.2313.
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ABSTRAKPekerja seks komersial adalah pekerjaan yang sampai sekarang dapat ditemui di tengah-tengah masyarakat Indonesia dan merupakan pekerjaan yang yang dinilai negatif baik dalam agama dan norma yang ada di Indonesia. Peraturan yang diatur di Indonesia mengenai Pekerja seks komersial pun dinilai masih belum mendapat perhatian karena hanya mengatur mengenai mucikari dan lokalisasi, hal ini mengakibatkan status saksi yang sampai saat ini diterima oleh psk merupakan ketidakadilaan bagi mucikari sekaligus memberi ruang kepada psk untuk bekerja tanpa jera karena tidak adanya kepastian hukum bagi kedudukan psk yang dimana sampai saat ini peraturan di Indonesia hanya mengatur tentang mucikari serta perdagangaan orang secara paksa.Kata Kunci : PSK, Saksi, HukumABSTRACTCommercial sex workers are jobs that until now can be found in the midst of Indonesian society and are jobs that are considered negative both in religion and norms in Indonesia. The regulations that are regulated in Indonesia regarding commercial sex workers are also considered to have not received attention because they only regulate pimping and lokalisasi, this results in the status of witnesses that have been accepted by the psk as unfair for pimps and at the same time giving space for psk to work without deterrence because they are not There is legal certainty for the position of psk which until now the regulations in Indonesia only regulate pimping and trafficking in persons by force.Keywords: prostitutes, witnesses and law
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Pudifin, Sarah, and Shannon Bosch. "Demographic and Social Factors Influencing Public Opinion on Prostitution: An Exploratory Study in Kwazulu-Natal Province, South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 4 (May 29, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i4a2508.
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This paper examines countervailing South African public opinion on the subject of prostitution in South Africa, and identifies the factors which might influence these attitudes. It also investigates the complex relationship between public opinion and the law. Whilst engaging in prostitution constitutes a criminal offence under the Sexual Offences Act 23 of 1957, it is generally ignored by the police, which results in a quasi-legalised reality on the ground. In recent years there has been growing demand for the decriminalisation of prostitution, and as a result the issue is currently under consideration by the South African Law Reform Commission. The Commission released a Discussion Paper on Adult ProSstitution in May 2009, and is expected to make recommendations to parliament for legal reform in this area. An exploratory survey of 512 South Africans revealed interesting correlations between opinion on prostitution and both demographic characteristics (including gender, age, race and education level) and so-called "social" characteristics (including religiosity, belief in the importance of gender equality, the acceptance of rape myths, and a belief that prostitutes have no other options). The survey reveals two key findings in respect of the attitudes of South Africans to prostitution. Firstly, an overwhelming majority of South Africans - from all walks of life - remain strongly morally opposed to prostitution, and would not support legal reforms aimed at decriminalising or legalising prostitution. Secondly, our data confirm that these views are strongly influenced by certain demographic and 'social' variables. In particular, race, gender, religiosity, cohabitation status, and socio-economic status were found to bereligiosity, cohabitation status, and socio-economic status were found to be statistically significantly related to opinions on prostitution, while other variables - particularly the belief in the importance of gender equality and the level of education - had no statistically significant relationship with tolerance of prostitution. Given that the proposed legal reforms, which will shortly be tabled before parliament, will [1]necessitate the consideration of public opinion, it is imperative that studies such as the one presented in this paper be conducted to gauge the likely response which such proposed reforms might face.
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Connell, Kieran. "PROS: The Programme for the Reform of the Law on Soliciting, 1976–1982." Twentieth Century British History 31, no. 3 (October 30, 2019): 387–412. http://dx.doi.org/10.1093/tcbh/hwz032.
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Abstract In the late 1970s, a campaign was mounted to reform the legal landscape faced by sex workers, which had remained unaltered since a series of recommendations made in the Wolfenden Report were implemented by the government two decades earlier. While Wolfenden is commonly associated with the arrival of Britain’s ‘permissive’ 1960s, when it came to the issue of prostitution, it helped usher in even more restrictive conditions for sex workers. This article looks at attempts to challenge this status quo by focusing on the Programme for the Reform of the Law on Soliciting (PROS), which was founded in Birmingham in 1976 and became one of the most visible groups advocating for a change in the law. Its activities culminated with the 1982 Criminal Justice Act, which ostensibly abandoned the policy of imprisoning prostitutes on soliciting offences. The case of PROS, I argue, offers a further reminder of the afterlife of the liberalizing ethos associated with the 1960s. Moreover, it provides a different way of engaging with a historical conjuncture more commonly associated with themes such as rising individualism, the fragmentation of left-wing activism, and the arrival of Thatcherism.
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Massong, Natalie. "The Mobile Woman: Getting Around during the 1630 Plague in Bologna." Connections: A Journal of Language, Media and Culture 2, no. 1 (December 16, 2021): 42–54. http://dx.doi.org/10.29173/connections42.
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Legal proclamations show that during the 1630 plague outbreak in Bologna, Italy, women were required to remain quarantined in their homes for the duration of the epidemic while men remained mobile. However, primary texts and visual sources demonstrate that despite these legal restrictions, women remained active players in the fight against the plague by circumventing regulations. Significantly, women played a key role in sustaining the Bolognese economy, in particular by travelling to work in the silk industry. Moreover, while male doctors enjoyed special dispensations to avoid visiting the sick directly, female nurses left their homes to care for the daily needs of patients in the lazzaretto, the plague hospital. Artworks and primary texts depict a mobile woman. They show women from the poorest of backgrounds who were compelled to move through the city’s public spaces, remaining active in the street life of the plagued city. For instance, along with unlicensed women healers and nuns, prostitutes commonly volunteered for service in the plague hospitals. This required a brief shift in the social status of these women as they moved from their brothels to the pestilent walls of the lazzaretto. This paper will address the contribution that these resilient women made to maintaining the family economy and the significant positions women held in administering care, which have been overlooked in the scholarship. It will argue that by performing these essential activities, Bolognese women enjoyed an increase in physical but also social mobility, albeit short-lived.
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Zheng, Victor, and Siu-lun Wong. "Road to independence." Social Transformations in Chinese Societies 12, no. 2 (October 3, 2016): 114–32. http://dx.doi.org/10.1108/stics-08-2016-0012.
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Purpose The paper aims to explore the road to independence of the less-fortunate women in early Hong Kong society and their means in passing of wealth after death. In the 1970s, about 400 Chinese wills from the 1840s to the 1940s were dug up on a construction site in Hong Kong. One-fourth of these were from women who had held a substantial amount of property. How they obtained this property intrigued us because, at that time, women were seen as subordinate to men and excluded from the labor market. Why they had wills led to further questions about Hong Kong society of that time and the role of women in it. Design/methodology/approach The analysis of this paper is based on archival data gathered from the Hong Kong Public Records Office. These data include 98 women’s wills filed from the 1840s to the 1940s and a 500-page government investigation report on the prostitution industry released in 1879. The former recorded valuable information of brief testators’ family and personal life history, amount of assets, and profolio of investment, etc. The latter included testimonials of brothel keepers and prostitutes and their life stories and the background of legalizing prostitution in early Hong Kong. Apart from basic quantitative analysis on women’s marital status, number of properties, nature of wills and number of brothels, qualitative analysis is directed to review the testator’s life of self-reliance, wealth accumulation and reasons of using wills for arranging wealth transmission after death. Findings In this paper, the authors found that because the colonial government declared prostitution legal, and only women could obtain employment by becoming prostitutes or brothel keepers, they earned their own livelihood, saved money and finally became independent. However, because these professions were not seen as “decent”, and these women were excluded from the formal marriage system, intestacy could cause problems for them. Through their socio-business connections, they became familiar with the Western concept of testate inheritance. So, they tended to use wills – a legal document by which a person assigns someone to distribute his or her property according to his or her wishes after his or her death – to assign their property. Research limitations/implications Because only archival data are chosen for analysis, the research results may lack generalizability. Follow-up researches to examine whether the studied women acquired their wealth through their own work or simply as gifts from others are required. Originality/value This paper explores the understudied women’s life and method of estate passing after death in the early Hong Kong society. It fills the academic gap of women’s contribution to Hong Kong’s success and enriches our understanding on the important factors that could attribute women’s real independence.
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Lee, Na-Young. "Un/forgettable histories of US camptown prostitution in South Korea: Women’s experiences of sexual labor and government policies." Sexualities 21, no. 5-6 (June 1, 2017): 751–75. http://dx.doi.org/10.1177/1363460716688683.
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The military camptown in South Korea is a legacy of colonialism and a symbol of national insecurity in Korean history. From September 1945, when US troops arrived on the Korean peninsula for a transfer of power from the Japanese colonial empire, until the present day, the presence of American soldiers and military bases has been a familiar feature of Korean society. The purpose of this article is to trace the history of the US military camptown in Korea, adding the intersection of hidden stories of women’s experiences. Based on an analysis of life stories of 14 former prostitutes and other primary and secondary sources, this article explores the ways in which the Korean government cooperated with US (military) interests in the systematic construction and maintenance of a system of camptown prostitution in the period from 1950 to 1980, with changes in policy from tacit permission to permissive promotion and then active support. During this process, women in camptowns experienced absurd, unjust and contradictory sociopolitical changes relating to international relations and national policies, as well as community attitudes toward and treatment of them in their vulnerable state. However, these women were neither absolute sexual objects nor helpless victims. Women in camptowns managed to carve out spaces for themselves and change their material conditions, cultural identities, and even their legal status, demonstrating their struggle for survival. In this way, women in camptowns represent a symbol of transgression against both androcentric Korean society and ethnocentric nationalism.
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Abal, Felipe Cittolin, and Pâmela dos Santos Schroeder. "Prostituição, estigma e marginalização: o reconhecimento do vínculo de emprego das profissionais do sexo." Espaço Jurídico Journal of Law [EJJL] 18, no. 2 (August 31, 2017): 509–24. http://dx.doi.org/10.18593/ejjl.7695.
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Resumo: O presente artigo é voltado ao estudo da necessidade de reconhecimento da relação empregatícia existente entre as profissionais do sexo e os estabelecimentos em que laboram, utilizando-se de uma visão jurídica e sociológica. O entendimento jurisprudencial trabalhista majoritário se volta no sentido do não reconhecimento dessa relação de emprego em virtude da ilicitude do objeto do contrato de emprego, retirando das trabalhadoras dessa categoria a proteção trabalhista e os direitos trabalhistas a que fariam jus. A prostituição como profissão existe desde as primeiras civilizações, subsistindo hodiernamente como uma atividade presente na grande maioria das cidades brasileiras. Apesar disso, as prostitutas sofrem com um processo de estigmatização que as remete à margem da sociedade, fato que é legitimado pelo não reconhecimento de sua condição de trabalhadores como os demais. As profissionais do sexo, conforme entrevistas realizadas, vêem a prostituição como uma profissão idêntica às demais, apesar de sofrerem preconceito por parte da sociedade em virtude de sua atividade. Cabe ao judiciário trabalhista reconhecer a profissão das profissionais do sexo e conferir a elas a mesma proteção dada aos demais trabalhadores como forma de efetivar seu papel de conferir aos obreiros seus direitos constitucionalmente assegurados e concretizar o princípio da dignidade da pessoa humana.Palavras-chave: Dignidade da pessoa humana. Justiça do Trabalho. Profissional do sexo. Relação de emprego. Abstract: This article is intended to study the need for recognition of employment relationship among sex workers and the establishments where they work, using a legal and sociological view. The major jurisprudential understanding turns towards non-recognition of this employment relationship due to the illegality of the object of the employment, removing the workers of this category from the labor protection and labor rights to which they would be entitled. Prostitution as a profession has existed since the earliest civilizations, existing in our times as an activity present in most Brazilian cities. Nevertheless, prostitutes suffer from a process of stigmatization that refers them to the margins of society, a fact that is legitimized by the non-recognition of their status as workers as the others. Sex workers, according to the interviews accomplished, see prostitution as a profession similar to the others, despite suffering prejudice from society due to their activity. It is necessary that the labor courts recognize the profession of sex workers and give them the same protection given to other workers as a way to accomplish their role of giving the workers their constitutionally guaranteed rights and implement the principle of human dignity.Keywords: Employment relationship. Labor justice. Principle of human dignity. Sex workers.
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Abal, Felipe Cittolin, and Pâmela Dos Santos Schroeder. "Prostituição, estigma e marginalização: o reconhecimento do vínculo de emprego das profissionais do sexo." Espaço Jurídico Journal of Law [EJJL] 18, no. 2 (August 31, 2017): 509–24. http://dx.doi.org/10.18593/ejjl.v0i2.7695.
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Resumo: O presente artigo é voltado ao estudo da necessidade de reconhecimento da relação empregatícia existente entre as profissionais do sexo e os estabelecimentos em que laboram, utilizando-se de uma visão jurídica e sociológica. O entendimento jurisprudencial trabalhista majoritário se volta no sentido do não reconhecimento dessa relação de emprego em virtude da ilicitude do objeto do contrato de emprego, retirando das trabalhadoras dessa categoria a proteção trabalhista e os direitos trabalhistas a que fariam jus. A prostituição como profissão existe desde as primeiras civilizações, subsistindo hodiernamente como uma atividade presente na grande maioria das cidades brasileiras. Apesar disso, as prostitutas sofrem com um processo de estigmatização que as remete à margem da sociedade, fato que é legitimado pelo não reconhecimento de sua condição de trabalhadores como os demais. As profissionais do sexo, conforme entrevistas realizadas, vêem a prostituição como uma profissão idêntica às demais, apesar de sofrerem preconceito por parte da sociedade em virtude de sua atividade. Cabe ao judiciário trabalhista reconhecer a profissão das profissionais do sexo e conferir a elas a mesma proteção dada aos demais trabalhadores como forma de efetivar seu papel de conferir aos obreiros seus direitos constitucionalmente assegurados e concretizar o princípio da dignidade da pessoa humana.Palavras-chave: Dignidade da pessoa humana. Justiça do Trabalho. Profissional do sexo. Relação de emprego. Abstract: This article is intended to study the need for recognition of employment relationship among sex workers and the establishments where they work, using a legal and sociological view. The major jurisprudential understanding turns towards non-recognition of this employment relationship due to the illegality of the object of the employment, removing the workers of this category from the labor protection and labor rights to which they would be entitled. Prostitution as a profession has existed since the earliest civilizations, existing in our times as an activity present in most Brazilian cities. Nevertheless, prostitutes suffer from a process of stigmatization that refers them to the margins of society, a fact that is legitimized by the non-recognition of their status as workers as the others. Sex workers, according to the interviews accomplished, see prostitution as a profession similar to the others, despite suffering prejudice from society due to their activity. It is necessary that the labor courts recognize the profession of sex workers and give them the same protection given to other workers as a way to accomplish their role of giving the workers their constitutionally guaranteed rights and implement the principle of human dignity.Keywords: Employment relationship. Labor justice. Principle of human dignity. Sex workers.
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Lohvynenko, I. A., and Ye S. Lohvynenko. "The status of women in the Ancient East: peculiarities of marriage and family relations in Mesopotamia." Law and Safety 85, no. 2 (June 30, 2022): 91–106. http://dx.doi.org/10.32631/pb.2022.2.09.
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The main criteria of social differentiation of women in the first state formations of the Middle Ages have been studied. The influence of religion on the formation of understanding of the place and role of women in society has been shown. Peculiarities of marriage and family relations in ancient Mesopotamia have been considered. The factors determining the social hierarchy of women in the ancient civilizations of the Biennial have been determined and analyzed. The causes of temple and street mass prostitution have been clarified. Features of the position of female slaves have been described.
The work is based on the principle of historicism. When studying primary sources, comparative legal, hermeneutic methods and systematic analysis were used. The anthropological method was used when revealing the worldview of the people of that time and their values, the gender method was used when studying the status of women in the state institutions of the Middle Ages.
It was concluded that the social position of women in ancient Mesopotamia was not unambiguous. Religion influenced a person's worldview, the understanding of the nature of a woman, her place and role in society. The rite of “sacred marriage” was one of the significant religious rituals, which encouraged the reproduction of similar sacred acts in worldly life, and became the ideological basis of the activity of the priests of Mezhyrechya. On the basis of the analysis of the legislation of the state institutions of the time, the purpose of marriage was determined, that is the birth and upbringing of children who were to inherit and multiply the family property and perform the necessary sacred rites, which were to help the dead in the afterlife. The inability to have children became the reason for divorce, as a rule, at the husband's will. The wife also had the right to initiate the divorce process in the municipal court, but under certain circumstances specifically defined by law.
The most influential in society were the high priestesses – entum and naditum, who were related by blood to the famous families of Mesopotamia. They had wealth, broad socio-economic rights and the greatest social protection. Prostitutes and slaves were the least protected. It is noted that the origins of modern problems of gender inequality can be seen in the distant past, in the ancient world, in particular in Mesopotamia, which had a significant impact on European civilization. Women's History The Biennial provides grounds for asserting that solving the problems of gender inequality is not possible only by changing the legislation. A comprehensive approach is necessary, which would take into account such components as religion, culture, law, economy, psychology, etc.
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Lanz, Aprillya, Zakar White, and Terry L. Alford. "Mathematical model of the effects of government intervention and rehabilitation of prostitution." International Journal of Biomathematics 11, no. 03 (April 2018): 1850033. http://dx.doi.org/10.1142/s179352451850033x.
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In the United States, prostitution is considered illegal in all but one state; Nevada allows some legal activities in exchange for substantial guidelines. In 2010, approximately 43,600 females were arrested for prostitution. Numerous intervention programs were established in order to obstruct the lifestyle of a prostitute (PRP, Project ROSE, etc.). There are many documentations and programs that share their forethought on prostitution; however, few target prostitution directly. To determine the dynamics of prostitution, this paper constructs a four-class compartmental model that focuses on the effectiveness of government intervention and rehabilitation of prostitutes mathematically. The basic reproductive number, [Formula: see text], helps to discover the threshold values for the dynamics of prostitution to become both prevalent or absent in society. This paper predominately observes government intervention to curtail a prostitution prevalent society. Various parameters and variables help to define and indicate the dynamics of prostitution to construct viable simulations. Successful prostitution interaction prevention deemed essential in prostitution prevention; however, government intervention corresponding with successful rehabilitation competitively challenges prostitution interaction prevention in reducing basic reproductive values.
Dissertations / Theses on the topic "Prostitutes Legal status"
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Smith, Charleen P. "Regulating prostitution in British Columbia, 1895-1930." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ65055.pdf.
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Gauss, Tanja Claudine. "The extension of employment rights to employees who work unlawfully." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1569.
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South Africa has over the years and particularly since the enactment of our new Constitution, attracted an increasing number of foreigners. One of the main problems associated with the large number of illegal immigrants in this country is that they are placing strain on South Africa‟s already scare resources such as housing and healthcare. A further problem is that these illegal immigrants are competing with South Africans for jobs which are already scarce, and thus aggravating the unemployment situation. Nevertheless, these illegal immigrants are being employed and by virtue of their circumstances are easily exploited and often the victims of cheap labour, corruption, eviction and assault. Given that these workers are illegal immigrants not in possession of the required work permits, their employment is prohibited by the Immigration Act 13 of 2002. They are thus illegal workers. Another category of illegal workers are those, predominantly women, who are employed in an industry which offers easy income with no contractual obligations – the prostitution industry. Despite the prohibition of prostitution by the Sexual Offences Act 23 of 1957, the prostitution industry throughout South Africa continues to exist. These workers are also particularly vulnerable and easily exploited and abused by their employers. Illegal immigrants and sex workers in South Africa have until recently been denied access to the protection of our labour legislation, by virtue of the illegality of their employment contracts. However two recent controversial decisions, that of the Labour Court in the Discovery Health case, and that of the Labour Appeal Court in the Kylie case, have changed this position.
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Pratali, Samantha. "Droit et prostitution du XVIIe siècle à nos jours : interactions entre pouvoir national et local : étude à partir des Archives départementales des Bouches-du-Rhône." Thesis, Aix-Marseille, 2020. http://www.theses.fr/2020AIXM0164.
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Cette étude en histoire du droit retrace l’évolution des régimes juridiques de la prostitution de 1684 à 2016 et leur application au niveau local : d’abord en Provence puis dans le département des Bouches-du-Rhône. L’approche diachronique révèle que l’attention portée à la prostitution durant cette période est celle d’un problème finalement toujours posé, dans ses fondements, de la même manière à savoir que la prostitution est un mal, voire un fléau, auquel il faut apporter des réponses politiques et juridiques, morales, sanitaires ou sociales. Malgré cette continuité historique, l’émergence de théories de protection de la personne humaine à la fin du XIXe siècle supplante la traditionnelle protection de l’ordre public entraînant alors une modification de croyance à l’égard de la prostitution. Pour autant, peu importe qu’il s’agisse de la politique prohibitionniste d’Ancien Régime, réglementariste du XIXe siècle ou abolitionniste du XXe, malgré différentes fluctuations, la répression, la régulation, et la protection des prostituées se jouent à l’échelle locale. L’analyse des rapports existants entre l’État et les pouvoirs locaux révèle une autonomie des Bouches-du-Rhône par une résistance aux décisions politiques nationales et internationales durant la IIIe république. Mais faire l’histoire juridique de la prostitution, ce n’est pas seulement s’intéresser aux discours et normes produits par le pouvoir. La thèse tente en dernier lieu d’étudier les prostituées comme sujet de droit et d’accorder une place aux revendications politiques, juridiques et sociales de ce groupe d’individus et leur réception par les organes de pouvoir tant politique, législatif que judiciaireThis research in legal history presents the evolution of the legal status of prostitution from 1684 to 2016 and their application at a local level: first in Provence, then in the department of Bouches-du-Rhône. This diachronic approach reveals that the attention paid to prostitution during this period is that of a problem whose foundations are ultimately always questioned in the same fashion, that is to say that prostitution is regarded as an evil, or a scourge, which must be solved through political and legal, moral, health or social responses. Despite this historical continuity, the emergence of human being protection theories at the end of the 19th century superseded the traditional protection of public order, thus leading to a change of belief with regard to prostitution. However, whether one considers the prohibitionist policy of the Ancien Régime, the regulatory policy of the 19th century or the abolitionist policy of the 20th century, and despite various fluctuations, the repression, regulation, and protection of prostitutes are played out on a local scale. The analysis of the existing relationships between the State and local authorities reveals an autonomy of the Bouches-du-Rhône through a resistance to the national and international political decisions of the Third Republic. However, retracing the legal history of prostitution does not only consists in taking an interest in the discourses and norms produced by the authorities. The thesis ultimately attempts to study prostitutes as a subject of law and to provide space for the political, legal and social demands of this group of individuals and their reception by the organs of political, legislative and judicial power
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El, Cheikh Alice. "L'encadrement juridique de la prostitution." Thesis, Bourgogne Franche-Comté, 2020. http://www.theses.fr/2020UBFCB005.
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En France, l’activité de prostitution n’obéit pas à un régime juridique spécifique. Soumises au régime politique de l’abolitionnisme dicté par la Convention dite de New York du 2 décembre 1949, les personnes qui se prostituent obéissent au droit commun qui restreint cette pratique. Cette limitation s’articule autour du principe de dignité humaine. Appliqué à la prostitution, celui-ci tend à assurer une prise en charge sociale, une protection spécifique complétée par un volet répressif. Depuis l’entrée en vigueur de la loi du 13 avril 2016, cette répression s’applique aussi bien aux proxénètes qu’aux clients des personnes prostituées.En théorie, ce traitement juridique doit permettre la sortie des personnes de cette activité entraînant ainsi la diminution, voire la disparition, de la prostitution. Pourtant, la pratique suggère la fragilité d’un droit construit selon une idéologie sans prise en compte des réalités de la prostitution révélées par la sociologie. Privées d’une part de leur dignité, les personnes prostituées ne parviennent que difficilement à accéder à leurs droits, même les plus fondamentaux. Quant à celles qui souhaitent poursuivre l’activité, elles le font en dehors de tout cadre légal.En allant au-delà des exigences du régime abolitionniste d’origine, le droit français ignore davantage le consentement des personnes qui souhaitent exercer cette activité et s’éloigne de l’impératif de répression de l’exploitation de la prostitution. Au regard de l’évolution des pratiques de la prostitution, un cadre juridique, hors de l’hygiénisme du régime réglementariste, doit être envisagé. C’est l’objet de la présente étudeIn France prostitution does not fall into a specific legal framework. Subject to the political abolitionist regime of the New York Convention of December 2, 1949, people who prostitute themselves are bound by this ordinary law which restricts their practice. This limitation revolves around the principle of human dignity. Applied to prostitution, this tends to ensure social support, and specific protection supplemented by a repressive component. Since the enforcement of the act of April 13, 2016, this repression has applied to both pimps and clients of prostitutes.In theory, this legal treatment should enable people to get out of prostitution as well as its reduction, or even its disappearance. However, practice emphasizes the weaknesses of a law built according to an ideology which did not take into account the realities of prostitution revealed by sociology. Deprived of a part of their dignity, prostitutes find it difficult to access their rights, even the most fundamentals. As for those who wish to keep on, they do it outside of any legal framework.Going beyond the requirements of the abolitionist regime French law ignores further the consent of those who wish to engage in such activity and moves away from the imperative of repression of prostitution exploitation. In view of the evolution of prostitution practices a legal framework, outside the hygienic nature of the regulatory regime, must be considered. This is the subject of this study
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Mbatha, Khonzanani. "Sex workers as free agents and as victims : elucidating the life worlds of female sex workers and the discursive patterns that shape public understanding of their work." Thesis, 2019. http://hdl.handle.net/10500/26840.
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In South Africa and many other countries worldwide, sex work is criminalised. This
invariably seems to lead to back-door prostitution - an unregulated industry where sex
workers are vulnerable to being exploited by pimps, brothel owners and law enforcement
officers. In discussions about sex work and sex workers, two dominant views are evident: a)
Sex workers freely choose to sell sex as a good way of earning an income; or b) sex workers
are victims of their circumstances who are driven into the industry through direct coercion or
as a result of dire poverty. Together, these views lead to an ideological trap in terms of which
sex workers have to be perceived either as having agency and free will or as being helpless
victims in need of rescue. My aim in this thesis was to problematise, deconstruct and
reconstruct the discursive field within which sex work is embedded, in order to move beyond
agency-victimhood and similar binaries, and in the hope of developing new ways of talking
about prostitution that acknowledge the complexity of the sex industry rather than
shoehorning it into preconceived categories. Social constructionism (epistemology), critical
social theory (ontology) and discourse analysis (methodology) were interwoven in order to
provide a broad, critical understanding of prostitution. Two data sources were used to gain
access to and unpack the life worlds of sex workers: Semi-structured interviews with five sex
workers in Johannesburg and the “Project 107” report on adult prostitution in South Africa.
Foucauldian discourse analysis was used to make sense of the data, including an analysis of
how concepts such as governmentality, power, confession, surveillance and technologies of
the self can be applied to contemporary texts about prostitution. The “Project 107” report
recommended that prostitution should not be decriminalised, and that sex work should in fact
not be classified as work; instead, it proposed a ‘diversion programme’ to help sex workers
exit the industry. I show how, in doing this, the report appears to hijack feminist discourses about sex workers as victims in order to further a conservative moral agenda. The sex
workers I spoke to, on the other hand, demonstrated an ability to take on board, and to
challenge, a variety of different discourses in order to talk about themselves as
simultaneously agentic and constrained in what they can do by unjust social structures. I
show how, from a Foucauldian perspective, sex workers can be seen not as pinned down at the bottom of a pyramid of power, but immersed in a network of power and knowledge,
enabled and constrained by ‘technologies of the self’ to assist in policing themselves through
self-discipline and self-surveillance to become suitably docile bodies within the greater
public order.Psychology
D. Litt. et Phil. (Psychology)
Books on the topic "Prostitutes Legal status"
1
Perkins, Roberta. Working girls: Prostitutes, their life and social control. Canberra, ACT, Australia: Australian Institute of Criminology, 1991.
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2
Zimmermann, Udo. Die öffentlich-rechtliche Behandlung der Prostitution. Tübingen: MVK, Medien-Verlag Köhler, 2002.
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3
1947-, Landi Sandra, ed. Ritratto a tinte forti. Firenze: Giunti, 1991.
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4
Sanghera, Jyoti. Trafficking in Nepal: Policy analysis : an assessment of laws and policies for the prevention and control of trafficking in Nepal. Kathmandu: Asia Foundation, 2000.
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5
Vincineau, Michel. Proxénétisme, débauche ou prostitution depuis 1810. Bruxelles: Bruylant, 2006.
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6
Colaci, Anna Maria. Rieducare: Eros e costumi in Terra d'Otranto. Lecce: Milella, 2012.
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7
Hicher, Rosen. Rosen--: Une prostituée témoigne. Saint-Jean d'Angély: Bordessoules, 2009.
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8
Hicher, Rosen. Rosen--: Une prostituée témoigne. Saint-Jean d'Angély: Bordessoules, 2009.
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9
Graves, Frank. Street prostitution: Assessing the impact of the law, Halifax. Ottawa: Communications and Public Affairs, Dept. of Justice Canada, 1989.
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10
Immoral traffic: Prostitution in India. Chennai: Jeywin Publications, 2006.
Find full textBook chapters on the topic "Prostitutes Legal status"
1
Fales, Frederick Mario. "Veiling in Ancient Near Eastern Legal Contexts." In Antichistica. Venice: Fondazione Università Ca’ Foscari, 2021. http://dx.doi.org/10.30687/978-88-6969-521-6/006.
Full textAbstract:
Particularly interesting textual evidence on the use of the veil in ancient Mesopotamia comes from 15th-14th century BC Assyria. No comprehensive code of laws has reached us from this age, but only a collection of 14 tablets, which are named ad hoc “Middle Assyrian Laws”, from the religious and political capital Aššur. Veiling was prescribed for appearances in public of married women, even if widows, but also applied to the vaster class of women who were ‘Assyrian’, i.e. of free status and native-born. On the other hand, prostitutes had no right to wear a veil, and severe punishments were foreseen for transgression; and the same applied to slave women. These harsh rulings on the veil and other matters in the “Middle Assyrian Laws” do not, curiously enough, find counterparts in the contemporaneous legal deeds, which show women endowed with a much more liberal status. Perhaps the “Laws” reflected normative codifications applying to the stricter moral and intellectual ‘climate’ of the city of Aššur, dominated by its temple and royal palace.