Journal articles on the topic 'Prostitutes Legal status'

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

Abstract Fitzmaurice’s King Leopold’s Ghostwriter is a fascinating Dickensian tale of law and extreme hubris upending one of Oxford, the law, and Queen Victoria’s own—Sir Travers Twiss. His failed attempt to conceal that he had married a prostitute ultimately led him to an ill-advised, and self-contradictory, endorsement of Belgian King Leopold II’s establishment of the Congo Free State. Indeed, Twiss’ every professional accomplishment is now subject to a severe re-assessment in the light of his willingness to do Leopold’s dirty work and thus place millions of Congolese in serious harm’s way. More Congolese would have lived, and Africa might have remained less scrambled if Twiss had not married a prostitute and been exposed as a fabulous mountebank.

AbstractNineteenth-century European colonialism produced a textured and uneven legal terrain rather than homogeneous imperial units. The fragmentation of sovereignty between empires and subordinated states created frontier zones that unsettled the workings of governance. This article views the developing landscape of power in high colonial South Asia from the loosely controlled frontier zone between Hyderabad, a Princely State ruled by sovereign Muslim dynasts titled Nizams, and the Bombay Presidency, part of Britain's Indian Empire, or Raj. I argue that the heterogeneous legal terrain along the border was a useful resource for administrators and subjects. State officials of both Hyderabad and Bombay justified various projects there; subjects of the two states shopped forums in a legal pluralist environment; and populations on either side of the border whose livelihoods and political agendas ran afoul of social pressures or the economic and cultural imperatives of state projects fled there from adversity. I examine cases of alleged cattle rustlers, bandits, and prostitutes and their engagements with police and courts to explore the political challenges and possibilities the frontier offered different groups. Colonial attempts to extend racialized policing practices across the frontier were frequently met by machinations of marginal people trying to avoid imprisonment or extricate themselves from oppressive social structures. Such figures could use the ambiguity of frontier legal authority to their advantage. The picture that emerges is one of a brute and often-arbitrary colonial power offset by alternative malleable sovereignties that resourceful subjects could play against one another.

Education is a major key to the development of any nation. The realization that education is an engine room to the advancement of both industrial and technological growth of nations has propelled the leadership and citizens of many nations to consider the training of their younger generations with seriousness. The school is a formal institution vested with the responsibility to ensure that children are properly trained in the methods, ways and means for the future progress of the society. In Nigeria, there are educational policies put in place in line with other international institutions to ensure that all children at least acquire the basic level of education. Presently, there are millions of children that lack access to basic education. These children are referred to as out-of-school children. The real statistical figure of these children appears obviously shady. With the rapid explosion of the number of out-of-school children, Nigeria has been described globally as the country with the largest population of such children. It is on record that one out of every child that is excluded from formal education in Africa is a Nigerian child. There are many reasons that evidently might be responsible for lots of these children being out-of-school. Among them are poverty, ignorance, insecurity, corruption, the devaluation of education and knowledge in the social system, materialism and many more. No one can expect to reap what he/she did not give or sow, subsequently the aftermath of leaving out these children without completing their education had multiple negative consequences to the child, the society and the country at large. For one, such children might become ready crop of adults later in life to serve in menial positions of responsibilities with low salary grades; experience marital instabilities due to their economic status and therefore become ready tools that could be ignorantly manipulated by the political elite in the society. They may also raise families without birth control, thereby extending a vicious cycle of people living in poverty and low self-esteem. Beyond being easily exploited, most of them become known for anti-social vices, such as cultism, criminals with tendencies as armed robbery, drug addicts, rapists, kidnapers, hoodlums, and sex workers (prostitutes). The implications of all these to nation building is stagnation and general insecurity to life and property. The article then proffered some likely suggestions that can assist the society to overcome some of these psychosocial challenges once taken into consideration.

Women in prisons represent a unique and complex population throughout the world. The authors have provided psychiatric consultation, diagnoses and treatment for hundreds of these women over the past three decades in the United States. We have identified five factors that can precipitate a cascade of consequences that result in women coming to prison. Sometimes it is a one-time experience; other times, women repeat offenses, ending up in prisons for longer periods. These factors include 1) being sexually abused and/or prostituted as a child, 2) alcohol abuse, 3) legal and illegal psychoactive substances use and abuse, 4) conspiracy with an intimate partner, and 5) mental disorders. We provide quotes from some of the many women interviewed in prison who have experienced at least one of these precipitant factors. We hope that our reflections offer insights into the complexity of incarceration and the pressing need to address the mental health concerns of these disenfranchised and vulnerable women in our prison systems.

Imagine yourself tasked to speak for a few minutes about legal controls on sex-selling in the United States, or any other country you choose. You need not have thought about the particulars. As someone willing to read a law review article, you have enough to say because sex-selling overlaps with the subject knowledge you already have. Criminal law, contracts, employment law, immigration law, tort law, zoning, commercial law, and intellectual property, among other legal categories, all intersect with this topic. In your brief remarks on how law attempts to mediate the sale and purchase of sex, you have only one modest constraint: Omit a short list of nouns. Describe paid-for sex as a regulated activity without using the words “prostitute” (including “prostitution”), “sex work” (or “sex worker”), “legalization,” “decriminalization,” “john,” “pimp,” “madam,” “trafficking,” and “Nordic model” or “Swedish model.” The premise of the exercise may be familiar from a game marketed under two names, Taboo and Catchphrase. When competing, a member of a team is told a word or phrase and then has to convey its meaning to teammates from whom the word has been hidden. Rules constrain players: The clue-giver is allowed to make any physical gesture and give almost any verbal clue to get his/her team to say the word. But you may NOT: • Say a word that RHYMES with the word. • Give the FIRST LETTER of the word. • Say A PART OF THE WORD in the clue (i.e., shoe for shoe horn). But why, you may reasonably wonder, would anyone discuss an issue in American legal regulation by copying a game that demands dodging? Evasion is anathema to regulation, an endeavor that references an activity and then tries to give intelligible guidance about what participants in the regulated sector must, must not, and may do. Playing Taboo/Catchphrase about the law of sex-selling and -buying seems unproductive, to say the least.

Abstract: This article discusses Islamic penal law perspective on the punishment of online prostitution through social media. In practice, the legal basis of punishing pimps is the Penal Code article 296 with the maximum of 1 year and 4 months of imprisonment or maximum fine of fifteen thousand rupiahs, article 506 with maximum one year of imprisonment. The Penal Code article 284 also punishes prostitutes who act in voluntary adultery. Likewise, the Law No. 11 2008 on electronic information and transaction article 27 (1) states that the felon of this crime is punished with maximum of six year of imprisonment or maximum fine of one billion rupiahs. This punishment is considered lenient and not making felon learning any lesson for his/her wrong doing. In Islamic penal law, online prostitution is considered jarîmah ta’zîr because there is no textual reference on this crime. Judges is authorized to decide punishment for the felon of this jarîmah ta’zîr. Keywords: punishment, online prostitution, social media, Islamic law Abstrak: Artikel ini membahas tentang sanksi prostitusi online melalui media sosial dilihat dari perspektif hukum Islam. Dasar hukum yang digunakan dalam menjerat mucikari adalah Kitab Undang-Undang Hukum Pidana Pasal 296 yaitu pidana penjara paling lama satu tahun empat bulan atau pidana denda paling banyak lima belas ribu rupiah; dan Pasal 506 yakni pidana kurungan paling lama satu tahun. Bagi seorang PSK, Kitab Undang-undang Hukum Pidana menyebutkannya sebagai pesenggamaan atas dasar suka sama suka, yang dilakukan oleh seseorang dengan orang yang telah bersuami atau beristri (permukahan) sebagaimana yang terdapat dalam Pasal 284 KUHP. Adapun dalam Undang-Undang No.11 Tahun 2008 tentang Informasi dan Transaksi Elektronik Pasal 27 Ayat (1), dijerat dengan ancaman pidana penjara paling lama 6 tahun dan atau denda paling banyak Rp.1.000.000.000,00 (satu miliar rupiah). Sanksi ini dirasa kurang memberikan efek jera kepada pelaku. Dalam hukum pidana Islam, tindak pidana prostitusi online termasuk dalam kategori jarîmah ta’zîr, karena tidak ada ketentuan nash mengenai tindak pidana ini. Hakim diberi kewenangan untuk menjatuhkan hukuman bagi pelaku jarîmah ta’zîr. Kata Kunci: Sanksi, prostitusi online, media sosial, hukum Islam.

The paper focuses on women’s condition in totalitarian regimes, in the light of the principles of the Italian Constitution. To this end, the paper will examine three main aspects. Firstly, the analysis will focus on the condition of women during the Nazi and Fascist totalitarian regimes. The proposed historical and legal reconstruction aims at identifying some key traits featuring the condition of women in the context of totalitarian regimes: the exclusion of women from the labour market and, more broadly, from the public sphere; the propaganda of an ideal-type of woman; the segregation of minority women (e.g. prostitutes, homosexuals, women with disabilities); the creation of masses of refugees fleeing regimes. Secondly, the paper will hinge on the Italian Constitution, that promoted a vision in clear rupture with the previous fascist regime with regard to women’s condition and to the strong protection granted to people fleeing regimes set forth under Article 10, paragraph 3 of the Italian Constitution. At the outset, the paper aims at reflecting on the current system of human rights protection in light of the 2021 takeover of the Taliban regime in Afghanistan, by way of underlying the specifics of the actual status of Afghan women

The aim of this article is to argue that when recognised as persons, women can be independent enough to have the freedom to determine their sexual lives, including what meaning and benefit to derive from their sexual relations.18 Granted that Section 9 of the Constitution enshrines all of our rights to be treated equally as persons, women must be given rights and resources in line with them being equal persons.19 I will further argue that Section 12(2)(b) of the Constitution, to the extent that I relate it to prostitution, imposes a negative obligation on the state to refrain from refereeing sexual conduct.20 This negative obligation applies only to the extent that the sexual conduct in question involves adults who freely consent thereto. Throughout this article, I will argue that women’s vulnerability in prostitution is perpetuated by a continued criminalisation, and the Commission’s recommendation to maintain the status quo does not help to improve the plight of women involved in prostitution. On the contrary, criminalisation victimises prostitutes, and endorses a social stigma associated with prostitution.21 The Commission should have rather devoted its attention to finding solutions on how South Africa can undertake a process of legalising prostitution, and simultaneously address the exploitative nature of prostitution. I will also argue that by virtue of being a politically free society, women involved in prostitution should organise themselves politically, and not rely solely on legal remedies to advance their problems, but rather use political representation as their primary means by which to represent themselves. Have the remedies offered by the South African legal order been exhausted to provide utmost security for sexual freedom?

Dégueulasse is French slang for “disgusting,” derived in 1867 from the French verb dégueuler, to vomit. Despite its vulgar status, it is frequently used by almost every French speaker, including foreigners and students. It is also a term that has often been employed to describe the 1973 cult film, La Grande bouffe [Blow Out], by Marco Ferreri, which recounts in grotesque detail the gastronomic suicide of four male protagonists. This R-rated French-Italian production was booed, and the director spat on, at the 26th Cannes Film Festival—the Jury President, Ingrid Bergman, said it was the most “sordid” film she’d ever seen, and is even reported to have vomited after watching it (Télérama). Ferreri nevertheless walked away with the Prix FIPRESCI, awarded by the Federation of International Critics, and it is apparently the largest grossing release in the history of Paris with more than 700,000 entries in Paris and almost 3 million in France overall. Scandal sells, and this was especially seemingly so 1970s, when this film was avidly consumed as part of an unholy trinity alongside Bernardo Bertolucci’s Le Dernier Tango à Paris [Last Tango in Paris] (1972) and Jean Eustache’s La Maman et la putain [The Mother and the Whore] (1973). Fast forward forty years, though, and at the very moment when La Grande bouffe was being commemorated with a special screening on the 2013 Cannes Film Festival programme, a handful of University of Melbourne French students in a subject called “Matters of Taste” were boycotting the film as an unacceptable assault to their sensibilities. Over the decade that I have been showing the film to undergraduate students, this has never happened before. In this article, I want to examine critically the questions of taste that underpin this particular predicament. Analysing firstly the intradiegetic portrayal of taste in the film, through both gustatory and aesthetic signifiers, then the choice of the film as a key element in a University subject corpus, I will finally question the (dis)taste displayed by certain students, contextualising it as part of an ongoing socio-cultural commentary on food, sex, life, and death. Framed by a brief foray into Bourdieusian theories of taste, I will attempt to draw some conclusions on the continual renegotiation of gustatory and aesthetic tastes in relation to La Grande bouffe, and thereby deepen understanding of why it has become the incarnation of dégueulasse today. Theories of Taste In the 1970s, the parameters of “good” and “bad” taste imploded in the West, following political challenges to the power of the bourgeoisie that also undermined their status as the contemporary arbiters of taste. This revolution of manners was particularly shattering in France, fuelled by the initial success of the May 68 student, worker, and women’s rights movements (Ross). The democratization of taste served to legitimize desires different from those previously dictated by bourgeois norms, enabling greater diversity in representing taste across a broad spectrum. It was reflected in the cultural products of the 1970s, including cinema, which had already broken with tradition during the New Wave in the late 1950s and early 1960s, and became a vector for political ideologies as well as radical aesthetic choices (Smith). Commonly regarded as “the decade that taste forgot,” the 1970s were also a time for re-assessing the sociology of taste, with the magisterial publication of Pierre Bourdieu’s Distinction: A Social Critique of the Judgement of Taste (1979, English trans. 1984). As Bourdieu refuted Kant’s differentiation between the legitimate aesthetic, so defined by its “disinterestedness,” and the common aesthetic, derived from sensory pleasures and ordinary meanings, he also attempted to abolish the opposition between the “taste of reflection” (pure pleasure) and the “taste of sense” (facile pleasure) (Bourdieu 7). In so doing, he laid the foundations of a new paradigm for understanding the apparently incommensurable choices that are not the innate expression of our unique personalities, but rather the product of our class, education, family experiences—our habitus. Where Bourdieu’s theories align most closely with the relationship between taste and revulsion is in the realm of aesthetic disposition and its desire to differentiate: “good” taste is almost always predicated on the distaste of the tastes of others. Tastes (i.e. manifested preferences) are the practical affirmation of an inevitable difference. It is no accident that, when they have to be justified, they are asserted purely negatively, by the refusal of other tastes. In matters of taste, more than anywhere else, all determination is negation; and tastes are perhaps first and foremost distastes, disgust provoked by horror or visceral intolerance (“sick-making”) of the tastes of others. “De gustibus non est disputandum”: not because “tous les goûts sont dans la nature,” but because each taste feels itself to be natural—and so it almost is, being a habitus—which amounts to rejecting others as unnatural and therefore vicious. Aesthetic intolerance can be terribly violent. Aversion to different life-styles is perhaps one of the strongest barriers between the classes (Bourdieu). Although today’s “Gen Y” Melbourne University students are a long way from 1970s French working class/bourgeois culture clashes, these observations on taste as the corollary of distaste are still salient tools of interpretation of their attitudes towards La Grande bouffe. And, just as Bourdieu effectively deconstructed Kant’s Critique of Aesthetic Judgement and the 18th “century of taste” notions of universality and morality in aesthetics (Dickie, Gadamer, Allison) in his groundbreaking study of distinction, his own theories have in turn been subject to revision in an age of omnivorous consumption and eclectic globalisation, with various cultural practices further destabilising the hierarchies that formerly monopolized legitimate taste (Sciences Humaines, etc). Bourdieu’s theories are still, however, useful for analysing La Grande bouffe given the contemporaneous production of these texts, as they provide a frame for understanding (dis)taste both within the filmic narrative and in the wider context of its reception. Taste and Distaste in La Grande bouffe To go to the cinema is like to eat or shit, it’s a physiological act, it’s urban guerrilla […] Enough with feelings, I want to make a physiological film (Celluloid Liberation Front). Marco Ferreri’s statements about his motivations for La Grande bouffe coincide here with Bourdieu’s explanation of taste: clearly the director wished to depart from psychological cinema favoured by contemporary critics and audiences and demonstrated his distaste for their preference. There were, however, psychological impulses underpinning his subject matter, as according to film academic Maurizio Viano, Ferrari had a self-destructive, compulsive relation to food, having been forced to spend a few weeks in a Swiss clinic specialising in eating disorders in 1972–1973 (Viano). Food issues abound in his biography. In an interview with Tullio Masoni, the director declared: “I was fat as a child”; his composer Phillipe Sarde recalls the grand Italian-style dinners that he would organise in Paris during the film; and, two of the film’s stars, Marcello Mastroianni and Ugo Tognazzi, actually credit the conception of La Grande bouffe to a Rabelaisian feast prepared by Tognazzi, during which Ferreri exclaimed “hey guys, we are killing ourselves!” (Viano 197–8). Evidently, there were psychological factors behind this film, but it was nevertheless the physiological aspects that Ferreri chose to foreground in his creation. The resulting film does indeed privilege the physiological, as the protagonists fornicate, fart, vomit, defecate, and—of course—eat, to wild excess. The opening scenes do not betray such sordid sequences; the four bourgeois men are introduced one by one so as to establish their class credentials as well as display their different tastes. We first encounter Ugo (Tognazzi), an Italian chef of humble peasant origins, as he leaves his elegant restaurant “Le Biscuit à soupe” and his bourgeois French wife, to take his knives and recipes away with him for the weekend. Then Michel (Piccoli), a TV host who has pre-taped his shows, gives his apartment keys to his 1970s-styled baba-cool daughter as he bids her farewell, and packs up his cleaning products and rubber gloves to take with him. Marcello (Mastroianni) emerges from a cockpit in his aviator sunglasses and smart pilot’s uniform, ordering his sexy airhostesses to carry his cheese and wine for him as he takes a last longing look around his plane. Finally, the judge and owner of the property where the action will unfold, Philippe (Noiret), is awoken by an elderly woman, Nicole, who feeds him tea and brioche, pestering him for details of his whereabouts for the weekend, until he demonstrates his free will and authority, joking about his serious life, and lying to her about attending a legal conference in London. Having given over power of attorney to Nicole, he hints at the finality of his departure, but is trying to wrest back his independence as his nanny exhorts him not to go off with whores. She would rather continue to “sacrifice herself for him” and “keep it in the family,” as she discreetly pleasures him in this scene. Scholars have identified each protagonist as an ideological signifier. For some, they represent power—Philippe is justice—and three products of that ideology: Michel is spectacle, Ugo is food, and Marcello is adventure (Celluloid Liberation Front). For others, these characters are the perfect incarnations of the first four Freudian stages of sexual development: Philippe is Oedipal, Michel is indifferent, Ugo is oral, and Marcello is impotent (Tury & Peter); or even the four temperaments of Hippocratic humouralism: Philippe the phlegmatic, Michel the melancholic, Ugo the sanguine, and Marcello the choleric (Calvesi, Viano). I would like to offer another dimension to these categories, positing that it is each protagonist’s taste that prescribes his participation in this gastronomic suicide as well as the means by which he eventually dies. Before I develop this hypothesis, I will first describe the main thrust of the narrative. The four men arrive at the villa at 68 rue Boileau where they intend to end their days (although this is not yet revealed). All is prepared for the most sophisticated and decadent feasting imaginable, with a delivery of the best meats and poultry unfurling like a surrealist painting. Surrounded by elegant artworks and demonstrating their cultural capital by reciting Shakespeare, Brillat-Savarin, and other classics, the men embark on a race to their death, beginning with a competition to eat the most oysters while watching a vintage pornographic slideshow. There is a strong thread of masculine athletic engagement in this film, as has been studied in detail by James R. Keller in “Four Little Caligulas: La Grande bouffe, Consumption and Male Masochism,” and this is exacerbated by the arrival of a young but matronly schoolmistress Andréa (Ferréol) with her students who want to see the garden. She accepts the men’s invitation to stay on in the house to become another object of competitive desire, and fully embraces all the sexual and gustatory indulgence around her. Marcello goes further by inviting three prostitutes to join them and Ugo prepares a banquet fit for a funeral. The excessive eating makes Michel flatulent and Marcello impotent; when Marcello kicks the toilet in frustration, it explodes in the famous fecal fountain scene that apparently so disgusted his then partner Catherine Deneuve, that she did not speak to him for a week (Ebert). The prostitutes flee the revolting madness, but Andréa stays like an Angel of Death, helping the men meet their end and, in surviving, perhaps symbolically marking an end to the masculinist bourgeoisie they represent.To return to the role of taste in defining the rise and demise of the protagonists, let me begin with Marcello, as he is the first to die. Despite his bourgeois attitudes, he is a modern man, associated with machines and mobility, such as the planes and the beautiful Bugatti, which he strokes with greater sensuality than the women he hoists onto it. His taste is for the functioning mechanical body, fast and competitive, much like himself when he is gorging on oysters. But his own body betrays him when his “masculine mechanics” stop functioning, and it is the fact that the Bugatti has broken down that actually causes his death—he is found frozen in driver’s seat after trying to escape in the Bugatti during the night. Marcello’s taste for the mechanical leads therefore to his eventual demise. Michel is the next victim of his own taste, which privileges aesthetic beauty, elegance, the arts, and fashion, and euphemises the less attractive or impolite, the scatological, boorish side of life. His feminized attire—pink polo-neck and flowing caftan—cannot distract from what is happening in his body. The bourgeois manners that bind him to beauty mean that breaking wind traumatises him. His elegant gestures at the dance barre encourage rather than disguise his flatulence; his loud piano playing cannot cover the sound of his loud farts, much to the mirth of Philippe and Andréa. In a final effort to conceal his painful bowel obstruction, he slips outside to die in obscene and noisy agony, balanced in an improbably balletic pose on the balcony balustrade. His desire for elegance and euphemism heralds his death. Neither Marcello nor Michel go willingly to their ends. Their tastes are thwarted, and their deaths are disgusting to them. Their cadavers are placed in the freezer room as silent witnesses to the orgy that accelerates towards its fatal goal. Ugo’s taste is more earthy and inherently linked to the aims of the adventure. He is the one who states explicitly: “If you don’t eat, you won’t die.” He wants to cook for others and be appreciated for his talents, as well as eat and have sex, preferably at the same time. It is a combination of these desires that kills him as he force-feeds himself the monumental creation of pâté in the shape of the Cathedral of Saint-Peter that has been rejected as too dry by Philippe, and too rich by Andréa. The pride that makes him attempt to finish eating his masterpiece while Andréa masturbates him on the dining table leads to a heart-stopping finale for Ugo. As for Philippe, his taste is transgressive. In spite of his upstanding career as a judge, he lies and flouts convention in his unorthodox relationship with nanny Nicole. Andréa represents another maternal figure to whom he is attracted and, while he wishes to marry her, thereby conforming to bourgeois norms, he also has sex with her, and her promiscuous nature is clearly signalled. Given his status as a judge, he reasons that he can not bring Marcello’s frozen body inside because concealing a cadaver is a crime, yet he promotes collective suicide on his premises. Philippe’s final transgression of the rules combines diabetic disobedience with Oedipal complex—Andréa serves him a sugary pink jelly dessert in the form of a woman’s breasts, complete with cherries, which he consumes knowingly and mournfully, causing his death. Unlike Marcello and Michel, Ugo and Philippe choose their demise by indulging their tastes for ingestion and transgression. Following Ferreri’s motivations and this analysis of the four male protagonists, taste is clearly a cornerstone of La Grande bouffe’s conception and narrative structure. It is equally evident that these tastes are contrary to bourgeois norms, provoking distaste and even revulsion in spectators. The film’s reception at the time of its release and ever since have confirmed this tendency in both critical reviews and popular feedback as André Habib’s article on Salo and La Grande bouffe (2001) meticulously demonstrates. With such a violent reaction, one might wonder why La Grande bouffe is found on so many cinema studies curricula and is considered to be a must-see film (The Guardian). Corpus and Corporeality in Food Film Studies I chose La Grande bouffe as the first film in the “Matters of Taste” subject, alongside Luis Bunuel’s Le Charme discret de la bourgeoisie, Gabriel Axel’s Babette’s Feast, and Laurent Bénégui’s Au Petit Marguery, as all are considered classic films depicting French eating cultures. Certainly any French cinema student would know La Grande bouffe and most cinephiles around the world have seen it. It is essential background knowledge for students studying French eating cultures and features as a key reference in much scholarly research and popular culture on the subject. After explaining the canonical status of La Grande bouffe and thus validating its inclusion in the course, I warned students about the explicit nature of the film. We studied it for one week out of the 12 weeks of semester, focusing on questions of taste in the film and the socio-cultural representations of food. Although the almost ubiquitous response was: “C’est dégueulasse!,” there was no serious resistance until the final exam when a few students declared that they would boycott any questions on La Grande bouffe. I had not actually included any such questions in the exam. The student evaluations at the end of semester indicated that several students questioned the inclusion of this “disgusting pornography” in the corpus. There is undoubtedly less nudity, violence, gore, or sex in this film than in the Game of Thrones TV series. What, then, repulses these Gen Y students? Is it as Pasolini suggests, the neorealistic dialogue and décor that disturbs, given the ontologically challenging subject of suicide? (Viano). Or is it the fact that there is no reason given for the desire to end their lives, which privileges the physiological over the psychological? Is the scatological more confronting than the pornographic? Interestingly, “food porn” is now a widely accepted term to describe a glamourized and sometimes sexualized presentation of food, with Nigella Lawson as its star, and hundreds of blog sites reinforcing its popularity. Yet as Andrew Chan points out in his article “La Grande bouffe: Cooking Shows as Pornography,” this film is where it all began: “the genealogy reaches further back, as brilliantly visualized in Marco Ferreri’s 1973 film La Grande bouffe, in which four men eat, screw and fart themselves to death” (47). Is it the overt corporeality depicted in the film that shocks cerebral students into revulsion and rebellion? Conclusion In the guise of a conclusion, I suggest that my Gen Y students’ taste may reveal a Bourdieusian distaste for the taste of others, in a third degree reaction to the 1970s distaste for bourgeois taste. First degree: Ferreri and his entourage reject the psychological for the physiological in order to condemn bourgeois values, provoking scandal in the 1970s, but providing compelling cinema on a socio-political scale. Second degree: in spite of the outcry, high audience numbers demonstrate their taste for scandal, and La Grande bouffe becomes a must-see canonical film, encouraging my choice to include it in the “Matters of Taste” corpus. Third degree: my Gen Y students’ taste expresses a distaste for the academic norms that I have embraced in showing them the film, a distaste that may be more aesthetic than political. Oui, c’est dégueulasse, mais … Bibliography Allison, Henry E. Kant’s Theory of Taste: A Reading of the Critique of Aesthetic Judgement. Cambridge, UK: Cambridge UP, 2001. Bourdieu, Pierre. Distinction: A Social Critique of the Judgement of Taste. Trans. Richard Nice. Cambridge, Massachusetts: Harvard UP, 1984. Calvesi, M. “Dipingere all moviola” (Painting at the Moviola). Corriere della Sera, 10 Oct. 1976. Reprint. “Arti figurative e il cinema” (Cinema and the Visual Arts). Avanguardia di massa. Ed. M. Calvesi. Milan: Feltrinelli, 1978. 243–46. Celluloid Liberation Front. “Consumerist Ultimate Indigestion: La Grande Bouffe's Deadly Physiological Pleasures.” Bright Lights Film Journal 60 (2008). 13 Jan. 2014 ‹http://brightlightsfilm.com/60/60lagrandebouffe.php#.Utd6gs1-es5›. Chan, Andrew. “La Grande bouffe: Cooking Shows as Pornography.” Gastronomica: The Journal of Food and Culture 3.4 (2003): 47–53. Dickie, George. The Century of Taste: The Philosophical Odyssey of Taste in the Eighteenth Century. New York and Oxford: Oxford UP, 1996. Ebert, Roger, “La Grande bouffe.” 13 Jan. 2014 ‹http://www.rogerebert.com/reviews/la-grande-bouffe-1973›. Ferreri, Marco. La Grande bouffe. Italy-France, 1973. Freedman, Paul H. Food: The History of Taste. U of California P, 2007. Gadamer, Hans-Georg. Truth and Method. Trans. Joel Winsheimer and Donald C. Marshall. New York: Continuum, 1999. Habib, André. “Remarques sur une ‘réception impossible’: Salo and La Grande bouffe.” Hors champ (cinéma), 4 Jan. 2001. 11 Jan. 2014 ‹http://www.horschamp.qc.ca/cinema/030101/salo-bouffe.html›. Keller, James R. “Four Little Caligulas: La Grande bouffe, Consumption and Male Masochism.” Food, Film and Culture: A Genre Study. Jefferson, North Carolina: McFarland & Co, 2006: 49–59. Masoni, Tullio. Marco Ferreri. Gremese, 1998. Pasolini, P.P. “Le ambigue forme della ritualita narrativa.” Cinema Nuovo 231 (1974): 342–46. Ross, Kristin. May 68 and its Afterlives. Chicago: U of Chicago P, 2008. Smith, Alison. French Cinema in the 1970s: The Echoes of May. Manchester: Manchester UP, 2005. Télérama: “La Grande bouffe: l’un des derniers grands scandales du Festival de Cannes. 19 May 2013. 13 Jan. 2014 ‹http://www.telerama.fr/festival-de-cannes/2013/la-grande-bouffe-l-un-des-derniers-grands-scandales-du-festival-de-cannes,97615.php›. The Guardian: 1000 films to see before you die. 2007. 17 Jan. 2014 ‹http://www.theguardian.com/film/series/1000-films-to-see-before-you-die› Tury, F., and O. Peter. “Food, Life, and Death: The Film La Grande bouffe of Marco Ferreri in an Art Psychological Point of View.” European Psychiatry 22.1 (2007): S214. Viano, Maurizio. “La Grande Abbuffata/La Grande bouffe.” The Cinema of Italy. Ed. Giorgio Bertellini. London: Wallflower Press, 2004: 193–202.