Journal articles on the topic 'Prostitution Law and legislation Victoria'
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1
Baldwin, James E. "Prostitution, Islamic Law and Ottoman Societies." Journal of the Economic and Social History of the Orient 55, no. 1 (2012): 117–52. http://dx.doi.org/10.1163/156852012x628518.
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AbstractThis article examines the treatment of prostitution in several genres of Ottoman legal writing—manuals and commentaries of Islamic jurisprudence,fatwās(legal opinions) andḳānūnnāmes(Sultanic legislation)—and looks at how prostitution was dealt with in practice by the empire’s sharīʿa courts and by its provincial executive authorities. The article uses prostitution as a case study to investigate the relationships between the different genres of legal writing and between normative law and legal practice. It also throws light on various manifestations of prostitution in the Ottoman provinces of Egypt and Syria between the mid-sixteenth and mid-eighteenth centuries.
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Chu, Sandra Ka Hon, and Rebecca Glass. "Sex Work Law Reform in Canada: Considering Problems with the Nordic Model." Alberta Law Review 51, no. 1 (October 1, 2013): 101. http://dx.doi.org/10.29173/alr59.
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The Nordic model is a piece of legislation, passed in Sweden in 1999, which criminalizes the purchase of sex. In Canada, exchanging sex for money is not illegal, but virtually every activity associated with prostitution is. Following the Ontario Court of Appeal’s decision in Bedford v. Canada, the question of what type of legislation is most appropriate with respect to prostitution has become even more important. This article begins by evaluating the degree of success (or lack thereof) of the Nordic model. The article then goes on to determine whether legislation similar to the Nordic model would be constitutional if adopted in Canada.
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Sinaga, Veren Chelsya, and Mas Anienda Tien F. "Juridical Study On The Application Of Articles 296 And 506 Of The Criminal Code To Perpetrators Of Online Prostitution." LIGAHUKUM 2, no. 2 (January 26, 2022): 144–51. http://dx.doi.org/10.33005/ligahukum.v2i2.48.
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Prostitution in Indonesia has been around since the Dutch colonial era and later expanded in Indonesia and even to various regions. Prostitution is a deed by a person or group of people whose purpose is to trade someone or some person to benefit. Various ways and motives were done by the perpetrators of prostitution so as not to smell their crimes by law enforcement officers. Law No. 1 of 1946 on criminal Law regulation or the Book of Criminal Law is the answer to the issue of prostitution. However, with the rapid development of technology allows the variation of prostitution to be done in a way that is easier through online media. The existence of the chapters in Law No. 1 of 1946 concerning criminal law regulation are then no longer felt and do not have relevance to the various crimes of prostitution that are increasingly modern today. The emphasis was made in Article 296 of Jo. Article 506 of the criminal CODE is to punish those who become pimps/brokers/service providers therefore women commercial sex workers are as victims. However, with the development of modern prostitution which provides widespread access not only to pimps/brokers/service providers as perpetrators, but also commercial sex workers as actors because they also sell themselves to the willingness and not the coercion of others. On the basis of this, more legislation was formed such as Act No. 11 year 2008 about ITE, Law No. 21 of 2007 on the Eradication of criminal trafficking in persons and some other relevant laws and regulations. The results of this study are elaborated in the formulation of chapters 296 and 506 of the CRIMINAL code and are associated with more specific legislation and outlining the barriers occurring in the law enforcement of online prostitution and the efforts that can be made to eradicate criminal acts of prostitution online.
Keyword: Online Prostitution, Commercial Sex Workers, Criminal Code
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Yuspin, Wardah, Aya Mohammed Youssef Abd Allah, Kelik Wardiono, and Indah Maulani. "Law Enforcement Against Online Prostitution Providers In Indonesia And Egypt." Jurnal Jurisprudence 11, no. 1 (January 14, 2022): 114–28. http://dx.doi.org/10.23917/jurisprudence.v11i1.15261.
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Purpose of the study :Describe the comparison of Online Prostitution Law in Indonesia and Egypt Methodology :Research methodology is qualilative approach with normative legal research. Therefore, in this study, it is preferable to secondary data collected by literature studies. Data that has been processed for further qualitative analysis Results:The results of this study found that the comparison of the two countries has similarities, namely the lack of legislation on online prostitution and the existence of a police specialty that investigates cases of prostitution in Egypt namely "Good Moral Police" while in Indonesia there is such police available. Novelty/ Originality of this study:The novelty value of this study is the comparison of the law with the specificity of the police who are in the case of prostitution in Egypt.
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Sakti, Ida Bagus Gumilang Galih, and I. Made Arjaya. "Regulation of The Imposition of Criminal Sanctions against The Criminal Acts of Prostitution in Indonesian Positive Law." Jurnal Hukum Prasada 9, no. 1 (March 14, 2022): 20–27. http://dx.doi.org/10.22225/jhp.9.1.2022.20-27.
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Prostitution activities that occur in society are not only caused by pimps and sex peddlers, but are also closely related to users of prostitution services. The absence of regulations that can ensnare perpetrators of prostitution practices, especially users of prostitution services, shows the government's inconsistency in combating prostitution practices. There are two problems in this study, namely, first, how is the regulation of punishment for perpetrators of criminal acts of prostitution in Indonesian positive law and second, how is the imposition of criminal sanctions against perpetrators of criminal acts of prostitution, especially users of prostitution services through complaint offenses in the Criminal Code. This study uses normative research conducted through an assessment of the legislation and legal concepts. The approach in this study uses a legal concept approach, and a statutory approach. Based on various explanations of articles in Indonesian positive law, it is not at all clear and implicit that there are articles that regulate criminal sanctions against users of prostitution services. With the absence of legal norms related to criminal sanctions for users of prostitution services, other legal remedies can be taken to ensnare users of prostitution services through the application of a complaint offense with the alleged crime of adultery as regulated in Article 284 of the Criminal Code.
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Sari, Komang Ayu Kartika. "Prostitution Legislation Reforms in Western Australia: What Indonesia Can Learn." Public Health and Preventive Medicine Archive 2, no. 1 (July 1, 2014): 92. http://dx.doi.org/10.15562/phpma.v2i1.130.
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Prostitution is still a complicated problem worldwide including in Western Australia. It is estimated that there are 1700 sex workers and 38 identified brothels in Western Australia1 and prostitution legislation is still an ongoing debatable issue in the state. There has been a significant change in prostitution laws and enforcement practices, which is due to the rising worldwide problem of sex trafficking and its relation to prostitution.2 The Liberal or National Government of Western Australia planned to introduce the prostitution legislation reforms, which were intended to make brothels to be the “only viable” and legal workplaces for sex workers, to make sex workers have no opportunity to work privately in residential areas and to force them to work for the third parties or to relocate them to industrial areas.3 It would be implemented through a brothel licensing policy, which in turn will make non brothel-based sex workers considered illegal. Brothels are indeed more organized and easier to provide health care and education than the street4 and based on research in the Norwegian capital5, an existing law can make people have more negative attitudes towards buying sex. However, particular form of regulation and practice may result in worse situations and can undermine the health and well-being of sex workers. This article will discuss in details why the prostitution legislation reforms released by The Liberal/National Government in WA should not be fully supported and what we can learn based on the context of Indonesia
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Juita, Subaidah Ratna. "REFORMULATION OF THE CRIMINAL LIABILITY AS AN ACTOR OF ONLINE PROSTITUTION: A NORMATIVE STUDY." IJCLS (Indonesian Journal of Criminal Law Studies) 2, no. 2 (December 10, 2017): 132–43. http://dx.doi.org/10.15294/ijcls.v2i2.12320.
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One of the rational efforts used to tackle online prostitution activity is with the approach of criminal law through criminal law formulation as a concrete form of criminal responsibility to the perpetrators of online prostitution. There is no provision that regulates the criminal to the users of online prostitution services because of the maximum prevention of online prostitution itself. If there is no national regulation governing the matter, online prostitution users will feel secure and remain free to buy services for their satisfaction alone, while it is contrary to various aspects of norms in the ethical norms of society. Therefore a criminal law is required, related to criminal liability for users of online prostitution services. The method used is normative juridical, ie by examining or analyzing secondary data using basic materials, with legal sense as a set of rules or positive norms in the legislation system that regulates prostitution online, as well as using secondary legal materials, and tertiary. So this research is library research (library research), that is research to secondary data. Thus, the juridical-normative approach in the study is used to analyze issues relating to criminal law reform regarding criminal liability to online prostitution actor.
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Khasanah, Uswatun. "Perempuan dalam Pusaran Prostitusi: Kajian Yuridis Normatif dalam Fenomena Prostitusi Online di Indonesia." MUWAZAH 11, no. 1 (June 4, 2019): 41. http://dx.doi.org/10.28918/muwazah.v11i1.1890.
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This paper examines prostitution which in practice has always been identified with women. Prostitution is a social problem that is passed down from time to time with various modes that always develop along with the development of lifestyle and technology. The focus of this study is how is the normative juridical review of the issue of women and prostitution? The method used in this article is the library study method. Through a normative juridical approach, the author will examine the issue of prostitution based on the main legal material, namely to see the arguments originating from the Qur'an and hadith, as well as legislation in force in Indonesia. In the final section the author tries to present a solution to stem the practice of prostitution. In this study it was found that prostitution in Indonesia has existed since the kingdom era, continued during the Dutch and Japanese colonies. Prostitution is a crime that is contrary to Islamic law and legislation in Indonesia. Surat an-Nur (24): 30-33 strictly prohibits the practice of prostitution. This ban applies to anyone not only to women who are prostitutes. Juridically normative legislation in Indonesia concerning prostitution is article 296, 506 of the KUHP, UU No. 11 of 2008 concerning Information and Electronic Transactions, UU No. 44 of 2008 concerning Pornography, UU No. 21 of 2007 concerning Eradication of Criminal Acts on Trafficking in Persons and UU No. 23 of 2003 concerning Child Protection. Efforts to stem the main prostitution began with the family. Optimizing the role of parents -both father, mother and teacher as an extension of their parents' hand- can be a solution in an effort to improve children's moral resilience, which in turn can stem a variety of negative behaviors that conflict with norms and religion, including prostitution.
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Gunawan, Riyan, Mirza Haris Mahendra, Hilmi Rizki Zakaria, and Muhammad Qoyum. "Behavior Motives and Legal Study of Commercial Sex Workers Around Pemalang District Terminal Area." Law Research Review Quarterly 6, no. 1 (February 3, 2020): 53–68. http://dx.doi.org/10.15294/lrrq.v6i1.31214.
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Prostitution comes from the word prostitutio which means things to place, confront, offer. There are also other articles selling, peddling, but generally interpreted as surrender to many people by getting a reward for fulfilling that section of the person. Prostitution or prostitution is a serious problem and needs improvements that need to improve society, this disease develops very rapidly in the community. In addition to the social forms of social norms, prostitution is also a form of immorality in any religion that is not permitted and rejected. Although prostitution is issued in religion or law, many of these prostitution practices occur in Indonesia. Prostitution is a lucrative and promising business place for so many people to believe in their pride. It is necessary to establish a new criminal law legislation to provide legal attention to the imposition of sanctions aimed at commercial sex workers and users of services. Because the criminal law currently in force in Indonesia is considered not in accordance with the current state of Indonesia.
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Petrov, Artem S. "The Institution of Criminal Law Сounteraction to the Involvement of Minors in Prostitution in the Russian Empire in the Early XX Century." History of state and law 1 (January 28, 2021): 71–75. http://dx.doi.org/10.18572/1812-3805-2021-1-71-75.
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The article analyzes the specifics of criminal law responsibility for involving minors in sexual services in the Russian Empire at the beginning of the 20th century. Gaps in the criminal legislation of the Russian Empire that existed in this area are identified. It was established that in the Russian Empire at the beginning of the twentieth century the institution of criminal law counteracted the organization of prostitution with the participation of minors and their involvement in prostitution remained limited. The legislator did not explain the concepts that were essential for the correct application of the norms. Despite the urgent need for the 1903 draft to take effect, it remained declarative. Only in 1909, the legislator was able to develop comprehensive measures of criminal law counteraction to the organization of prostitution with the participation of minors and their involvement in prostitution.
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KOPRIVICA, ANJA, and NADA ĐURIČIĆ. "NORMATIVE REGULATION OF PROSTITUTION IN THE REPUBLIC OF SERBIA." Kultura polisa, (2021), special edition (2) (December 5, 2021): 62–75. http://dx.doi.org/10.51738/kpolisa2021.18.2p.1.05.
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Prostitution as a social phenomenon has been present in different forms and shapes of manifestation for centuries, adapting itself to various societal reactions that attempted to control it or eradicate it. Prostitution is present in the society regardless of a particular social class, nationality/ethnicity or territory, and therefore, different states apply different measures and regimes to repress or control this type of conduct. The notions on which the prohibitionist regime of prostitution is based prevail among the scholars, regarding prostitution as a form of social anomaly and immoral, deviant behavior given that the sexual practices of two people come down to commodity-money relations. The main subject of this paper is the legal regulation of prostitution in the Re-public of Serbia, as well as the analysis of legal regimes that regulate prostitution in the comparative law. In 2016, in the legislation of the Republic of Serbia, the law on public order and peace brought a novelty when it comes to regulating prostitution by adding a new form of action of committing the violation. The law now also prescribes the sanctioning of persons who use this type of sexual services.
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Dirkareshza, Rianda, Eka NAM Sihombing, and Rosalia Dika Agustanti. "The Problem of Criminalization of Commercial Sexual Workers and Users of Prostitution Services." Jurnal Penelitian Hukum De Jure 22, no. 4 (December 16, 2022): 525. http://dx.doi.org/10.30641/dejure.2022.v22.525-536.
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Prostitution is a complex problem because it intersects with so many aspects, especially in women’s rights. However, the complexity of the problem is not accompanied by legal certainty of regulations regarding prostitution. This paper aims to find out and understand how the problem of criminalization of prostitutes and users of prostitution services in Indonesia. This research method is normative juridical law research with a concept and legislation approach. Data used secondary data consisting of primary, secondary, and tertiary materials. The result found is a legal vacuum related to the regulation of prostitution actions so that prostitutes and users of prostitution services often escape the legal snare. The need for criminalization as a countermeasure against users of prostitution services that are key in the practice of prostitution and protecting women’s rights. As well as countermeasures by providing rehabilitation for prostitutes and in them to have skills and not fall back into the vortex of prostitution practices.
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Puspasari, Ratih Mega. "Reconstruction of Criminal Sanctions On Actors Of Online Prostitution Based On Justice Value." Law Development Journal 1, no. 1 (July 30, 2019): 32. http://dx.doi.org/10.30659/ldj.1.1.32-38.
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Cybercrime is one shape is one of the dark side of technological progress. One form of crime in the area of cybercrime that is online prostitution. In the positive law in Indonesia only prohibits those helping and providing illegal sexual services, meaning that the prohibition only given to pimps, brokers, and prostitutes while users of commercial sex itself is absolutely no chapters that govern them. The purpose of this study to find out the settings in Indonesian positive law against online prostitution service users and to determine judicial review against online prostitution service users based on the positive law in Indonesia. Research conducted in this thesis is a normative legal research. This study used the approach of legislation and the comparative approach. Legal materials used are the primary legal materials, secondary and tertiary. Further legal material collection techniques in this research is literature study, then do a normative analysis of qualitative and describe it in the form of research. The survey results revealed that the arrangement of positive law in Indonesia to service users are not yet effective in the trap and tackling online prostitution, because it did not regulate the service users in an online prostitution a criminal offense. Overview jurisdiction over the online prostitution by No. 11 of 2008 on Information and Electronic Transactions and Act No. 44 Of 2008 on Pornography does not mention the provisions on service users online prostitution in particular, so that the two laws even this can’t ensnare the service user online prostitution.Keywords: Reconstruction; Criminal Sanctions; Online Prostitution; Justice.
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Iskandar, Hardian. "Prevention of Criminal Prostitution in Indonesian Fitness Center." Journal of Social Science Studies 5, no. 2 (April 19, 2018): 43. http://dx.doi.org/10.5296/jsss.v5i2.12451.
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This article’s purpose is to discuss the prevention of prostitution crime under the guise of gym and fitness center. This study is a normative legal study conducted through literature study or library research using conceptual approach, statute approach and case approach. The results of the study and discussion indicate that prevention of prostitution crime under the guise of fitness place can be done by means of criminal law (penal) and non penal facilities (facilities outside of criminal law). Prevention of criminal acts, especially the crime of prostitution, must be adjusted with the law of development plan which is part of the national development. The process of reforming or establishing a law enforcement is carried out through a formulation / legislation policy, whereas law enforcement and institutional enforcement processes are carried out through the application / judicial appeals and criminal proceedings carried out under the exclusion / administration policy. Constraints in the prevention of criminal prosthesis are due to several factors namely legal factors (law), law enforcement factors, community factors and cultural factors. The legal factors relating to the Penal Code are not directly regulated on the prosecution of prostitution as a form of crime. Law enforcement factors that form the parties or impose the law in this case indicated otherwise tacitly involved in prostitution activities by providing leaks that will be held operations or raids against prostitution activities. Factors of the environment where the law is applicable or applied, the public lacks awareness and few who are willing to be invited to share and the cultural factor as the result of the work, inventiveness, and the sense that is based on human interaction in life.
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Zaenal Abidin, Arif. "Implementation of Online Prostitution Crime Investigation in Polres Cirebon City Jurisdictions." Jurnal Daulat Hukum 1, no. 3 (September 10, 2018): 725. http://dx.doi.org/10.30659/jdh.v1i3.3383.
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Online prostitution is prostitution or activities that make a person as an object to be traded through electronic or online media, the media used, such as Whatsapp and other applications. In other words, here the people those who are responsible to be able to respect the norms and values embodied in the lives of people for cases of online prostitution can destroy the future of the nation in case they were found with offenders who are still teenagers and the lack of regulation of traction. Regulations invitation to entrap prostitutes. In this research, the author uses socio-juridical namely the review of secondary data in the form of legislation, as well as the outcome of legal scholars, such as books related to the subject matter to then proceed with research on primary data (obtained directly from the respondents). From the research problem, there are two things that can be inferred. Law enforcement against criminal acts of online prostitution in Polres Cirebon City Jurisdictions has been running and has conducted a series of investigative actions and investigations to unravel the cases of online prostitution. From the results of investigations conducted by the Police Cirebon Resort know that the perpetrators of online prostitution utilize Whatsapp. Building partnerships with the wider community partnerships in the wider community to help hack into your account - an account associated with seller of �young women� through online media. Suggestions in this research are; The first law enforcement against criminal acts of online prostitution by Polres Cirebon should be more intensive and thorough, because online prostitution is spreading very fast and the activities or transactions done through electronic media that police had difficulty in finding evidence and the investigation process difficult. Secondly, the hope that more people concerned about this online prostitution activities to facilitate the Polres Cirebon in overcoming it.Keywords: Law Enforcement; Criminal Act; Online Prostitution.
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Bezruchko, Evgeny, Evgeny Millerov, and Gennady Nebratenko. "Involvement of Migrants in Prostitution: Problems of Legal Remedies." Russian Journal of Criminology 14, no. 6 (December 30, 2020): 872–81. http://dx.doi.org/10.17150/2500-4255.2020.14(6).872-881.
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The authors examine the possible combination of criminal law and administrative measures of counteracting migrant prostitution, and the involvement of migrants into such activities. It is concluded that topical problems in Russia include the counteraction to situations when not only migrants coming from abroad, but also citizens of the Russian Federation who leave for other countries are involved in prostitution. Migrants get involved in prostitution both voluntarily and as a result of deceit, threats, and use of violence. These people are more vulnerable than those with a citizenship, and they require closer attention to repress unlawful actions, including prostitution. The study of the problems in this sphere makes it possible to identify the economic reasons of women’s labor migration, which include, among others, the goal to become a sex worker in the country of residence. Involvement of women migrants in prostitution in their country of residence often leads to far more serious consequences for them than they would face if they were sex workers in their own country because they do not have a Russian citizenship and quite often violate migration legislation. The authors analyze the criminal and administrative measures that could be used to counteract the involvement of migrants in prostitution. This analysis allowed the authors to see the effectiveness of using a complex of measures aimed at the identification of criminal and administrative offences at the same time, both directly and indirectly connected with migrant prostitution. The authors formulate and present their ideas on improving the norms of the Criminal Code of the Russian Federation and the Code of the Russian Federation on Administrative Offences that provide liability for offences and actions connected with prostitution with the goal of improving the counteraction to migrant prostitution and the involvement of migrants into these activities.
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ABEL, GILLIAN M., LISA J. FITZGERALD, and CHERYL BRUNTON. "The Impact of Decriminalisation on the Number of Sex Workers in New Zealand." Journal of Social Policy 38, no. 3 (July 2009): 515–31. http://dx.doi.org/10.1017/s0047279409003080.
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AbstractIn 2003, New Zealand decriminalised sex work through the enactment of the Prostitution Reform Act. Many opponents to this legislation predicted that there would be increasing numbers of people entering sex work, especially in the street-based sector. The debates within the New Zealand media following the legislation were predominantly moralistic and there were calls for the recriminalisation of the street-based sector. This study estimated the number of sex workers post-decriminalisation in five locations in New Zealand: the three main cities in which sex work takes place as well as two smaller cities. These estimations were compared to existing estimations prior to and at the time of decriminalisation. The research suggests that the Prostitution Reform Act has had little impact on the number of people working in the sex industry.
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Gribunov, Oleg, Gennady Nebratenko, Evgeny Bezruchko, and Elena Millerova. "Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence." Russian Journal of Criminology 13, no. 6 (December 26, 2019): 941–50. http://dx.doi.org/10.17150/2500-4255.2019.13(6).941-950.
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The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.
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Grohs, Stephan. "Contested boundaries: The moralization and politicization of prostitution in German cities." European Urban and Regional Studies 27, no. 2 (January 10, 2019): 156–70. http://dx.doi.org/10.1177/0969776418822083.
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The local regulation of prostitution in Germany is a contested area of urban politics. In this issue area, morality claims intersect with the material interests of home- and landowners and the security demands of ‘ordinary’ citizens. The Prostitution Law of 2001 has liberalized the legal framework: the legislation ‘normalized’ sex work, triggering the re-definition of urban strategies to regulate prostitution. This article analyses the conflict dynamics and the framing of conflicts over regulations in four German cities. It identifies the main actors, coalition-building processes and the framing of conflicts, and links these elements to the resulting policies. With regard to theory, it explores the relevance of classical explanatory approaches to local governance such as party politics, urban growth coalitions, political culture and bureaucratic politics to the value-laden issue of prostitution. It thereby contributes to the growing academic interest in the nature of morality policies and the question of the specific conditions under which prostitution is framed as a moral issue or as a ‘normal’ subject within urban politics.
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Hudson, Graham, and Emily Van der Meulen. "SEX WORK, LAW, AND VIOLENCE: BEDFORD V. CANADA AND THE HUMAN RIGHTS OF SEX WORKERS." Windsor Yearbook of Access to Justice 31, no. 1 (February 1, 2013): 115. http://dx.doi.org/10.22329/wyaj.v31i1.4318.
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In Bedford v. Canada, two levels of Ontario courts ruled that a selection of criminal laws prohibiting prostitution-related activities unjustifiably deprive sex workers of their right to liberty and security of the person.The courts struck down or modified some of the offending provisions to ensure that sex workers are better able to take precautions against violence. While sex workers consider the Ontario Superior Court of Justice ruling a victory and the Ontario Court of Appeal ruling a partial victory, the government, some women’s rights groups, and other defenders of the provisions argue that courts ventured into a “policy thicket”, which is to suggest that they had stepped outside of their legitimate institutional role. Associated concerns include that the decisions effectively constitutionalize prostitution and will pre-empt or curtail Parliament’s consideration of legislative options. In this paper, the authors clarify misconceptions about the constitutional foundations and implications of Bedford, and explore how the ruling might affect legal and policy-based interactions among various stakeholders. Approaching constitutional rights as discursive mechanisms, rather than as “trumps”, we argue that Bedford will not hinder the continuation of democratic debate about whether, how, and why aspects of sex work should be regulated. To the contrary, Bedford is more likely to enhance the quality of debates by making them more inclusive of the perspectives of sex workers as well as accommodative of growing empirical research that has hitherto been ignored or misrecognized. Dans l’affaire Bedford v. Canada, deux tribunaux ontariens ont conclu que des dispositions législatives du droit criminel interdisant les activités liées à la prostitution privaient de façon injustifiée les travailleurs et travailleuses du sexe du droit à la liberté et à la sécurité de leur personne. Ces tribunaux ont déclaré inconstitutionnelles certaines des dispositions constestées ou les ont modifiées dans le but d’assurer que les travailleurs et travailleuses du sexe puissent prendre des mesures pour se protéger contre les actes de violence. Si les travailleurs et travailleuses du sexe considèrent cette décision comme une victoire partielle, le gouvernement, certains groupes de défense des droits des femmes et d’autres défenseurs desdites dispositions prétendent, pour leur part, que les tribunaux se sont aventurés en « terrain politique », ce qui suggère qu’ils ont outrepassé leur rôle institutionnel légitime. Il en découle des préoccupations parmi lesquelles ces décisions rendraient effectivement constitutionnelle la prostitution et qu’elles écarteraient ou limiteraient toute considération d’options législatives par le Parlement. Dans le présent document, les auteurs dissipent les malentendus sur les fondements et répercussions constitutionnels de l’affaire Bedford, et explorent les incidences que pourrait avoir cette affaire sur les interactions aux niveaux juridiques et politiques des différentes parties intéressées. Nous sommes d’avis que, en abordant les droits constitutionnels comme des mécanismes discursifs et non comme des droits primordiaux, la décision Bedford n’empêchera pas la poursuite du débat démocratique sur les questions de savoir si oui ou non, comment et pourquoi les divers aspects du travail du sexe devraient être soumis à une réglementation ou, même, criminalisés. Bien au contraire, l’affaire Bedford est susceptible d’améliorer la qualité des débats en les rendant plus inclusifs des perspectives des travailleurs et travailleuses du sexe de même que plus ouverts à la recherche em
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Brereton, David. "‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991." Australian & New Zealand Journal of Criminology 27, no. 1 (June 1994): 74–94. http://dx.doi.org/10.1177/000486589402700110.
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This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 and examines the role which social science research played in the development of this legislation. The Crimes (Rape) Act was modelled closely on a report of the Law Reform Commission of Victoria. In preparing this report, the Commission undertook a comprehensive quantitative study of rape prosecutions in Victoria, as well as drawing on empirical studies from other jurisdictions. The paper concludes that the impact of the research on the development of the legislation was limited by a number of factors: the decision-making process was relatively unstructured, involved a large number of players, was highly politicised, and had a high symbolic content. However, the collection and dissemination of reliable data did take some of the heat and hyperbole out of the debate, and thereby facilitated a more constructive dialogue. This factor alone made the research worthwhile, given that the rape law reform had in the past been a highly divisive issue in Victoria.
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Rosdiana, Agita Chici. "Online Prostitution in Media Social: How is the Victim Protection?" Indonesia Media Law Review 1, no. 2 (July 31, 2022): 145–64. http://dx.doi.org/10.15294/imrev.v1i2.60584.
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The focus of this study is to analyze the online prostitution that is rife in the development of crime motives today, and how it is held accountable to those involved in prostitution, including recipients of commercial sex workers. Online prostitution has mushroomed among the public and can even be accessed by ordinary people, many use this illegitimate business as a livelihood plus is an element of criminal acts, namely fraud where there are victims of commercial sex worker service users this very often happens because it is so vulnerable to committing fraud on social media plus the object of fraud related to sexual activity. The approach in this study is a comparison of law and legal interpretation within the framework of normative legal research. This study uses secondary data derived from various legal rules and related legislation. This research finds and emphasizes that the development of information and technology flows through social media presents challenges in victim protection efforts, especially in the case of online prostitution. Various studies have found that the motive for online prostitution that is rampant in Indonesia begins with fraud and fake accounts. The study also confirms that users of commercial sex worker services can be criminalized using local regulations governing prostitution, the enactment of the Lex Specialist Lex Generalis principle. Victims of fraud or commercial sex workers who are deceived by pimps or sex workers can be convicted of supporting prostitution activities in cyberspace. Victims of prostitution are not only adults but there is an element of coercion to young children to carry out prostitution, this is supported by several factors, namely environmental factors or economic factors.
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Korassa Sonbai, Alexander Imanuel. "Kebijakan Formulasi Pertanggungjawaban Pidana Pengguna Jasa Prostitusi Melalui Media Online." Acta Comitas 4, no. 2 (July 21, 2019): 271. http://dx.doi.org/10.24843/ac.2019.v04.i02.p10.
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The phenomenon of online prostitution became a hot issue in Indonesia. Online Prostitution Article 27 paragraph (1) Jo. Article 45 paragraph (1) of the ITE Law, Article 296 of the Criminal Code, Article 506 of the Criminal Code, Article 2 paragraph (1) of Law No. 21 of 2007 concerning Eradication of Crime in Trafficking in Persons, and Article 30 Jo. Article 4 paragraph (2) Law No. 44 of 2008 concerning Pornography. However, in the article has not set explicitly against online prostitution service users. The aim of this study was to elaborate on the user settings prostitution service through online media and forms of criminal responsibility prostitution service users through online media. The method used is a normative legal research. This type of approach is used, among others: statue approach, conceptual approach, and comparative approach. The results of the study indicate that the formulation policy criminal liability for online prostitution service users has not yet been regulated in Indonesian legislation, from the results of a comparison with Sweden (Sex Purchase Act) also regulates the criminal liability of users of online prostitution services and should the rules in the future refer to Swedish law (sex purchase act).
Fenomena prostitusi online menjadi suatu isu hangat di Indonesia. Prostitusi online Pasal 27 ayat (1) Jo. Pasal 45 ayat (1) UU ITE, Pasal 296 KUHP, Pasal 506 KUHP, Pasal 2 ayat (1) UU No. 21 tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang, dan Pasal 30 Jo. Pasal 4 ayat (2) UU No. 44 tahun 2008 tentang Pornografi. Namun, dalam pasal tersebut belum mengatur secara eksplisit terhadap pengguna jasa prostitusi online. Tujuan studi ini ialah untuk mengelaborasi pengaturan pengguna jasa prostitusi melalui media online dan bentuk pertanggungjawaban pidana pengguna jasa prostitusi melalui media online. Metode penelitian yang digunakan adalah penelitian hukum normatif. Jenis pendekatan yang digunakan antara lain: pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan perbandingan. Hasil studi menunjukkan bahwa kebijakan formulasi pertanggungjawaban pidana pengguna jasa prostitusi online saat ini belum di atur dalam peraturan perundang-undangan Indonesia, dari hasil perbandingan dengan Swedia (Sex Purchase Act) mengatur juga pertanggungjawaban pidana pengguna jasa prostitusi online dan sebaiknya aturan di masa mendatang mengacu pada hukum swedia (sex purchase act)
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Renwick, Samantha. ""Responsibility" to Provide: Family Provision Claims in Victoria." Deakin Law Review 18, no. 1 (August 1, 2013): 159. http://dx.doi.org/10.21153/dlr2013vol18no1art61.
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Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, ‘Did the deceased have a responsibility to provide?’ This in theory means that ‘anyone’ can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.
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Ambarwati, Mega Dewi, and Ghina Azmita Kamila. "The Evaluation of Surrogacy’s System in Indonesia as Comparison to India’s Legislation." Lentera Hukum 6, no. 2 (July 29, 2019): 249. http://dx.doi.org/10.19184/ejlh.v6i2.10842.
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In today’s age, marriage life is can be complicated with problems like infertility. In the face of this problem, couples have used surrogacy as a potential fix. Surrogacy poses a unique problem in Indonesia, because such a concept remains culturally taboo and no legal system exists to regulate the process and the responsibilities of the surrogate mother. Thus, other countries that have created a legal infrastructure for surrogacy offer valuable paradigms and best practices. This study seeks to compare surrogacy law between Indonesia and India, with the overall goal of suggesting policies to better regulate surrogacy within the former country. This study uses comparative legal research methodology through the functional method because Indonesia and India face the same social problem of surrogacy. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field. The study concludes that Indonesia requires stronger legal infrastructure for surrogacy that will not only provide legal certainty for surrogate mothers and families using surrogacy but will also minimize prostitution and unregistered marriages, mitigate domestic disputes, and catalyze scientific innovation.
Keywords: Surrogate Mother, Surrogacy, Indonesia, India.
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Lubis, Muhammad Ridwan. "Kejahatan Terorganisir Terhadap Pelacuran Anak Di Kota Medan Ditinjau Dari Psikologi Kriminil (Studi Penelitian di Kota Medan)." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 20, no. 1 (September 30, 2020): 105–17. http://dx.doi.org/10.30743/jhk.v20i1.3463.
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Crimes that used to be committed by individuals are now mostly committed by organized groups where the legal force of the group is illegal. Theft, muggings, fraud, murder, corruption, money loundry, prostitution, terrorism are some forms of the crime that are mostly committed in an organized manner.The development of the world of the child prostitution has spread in various big cities in Indonesia, including Medan. The sparkling of the city has attracted many people who come from various places in Indonesia and outside Indonesia who want to taste the sweetness of the sparkle of the city with all its spices like a laron approaching a torch which eventually destroys them. The condition of the child prostitution in Medan City has become apprehensive where many children aged 14-17 are involved in the prostitution business. Their involvement tends to be due to the factor of deception committed by collectors who work as collectors and suppliers of children to the prostitution places. This crime was committed in an organized manner as evidenced by the existence of syndicates that collaborated, ranging from child collectors and suppliers (collectors) and those who accommodate and employ children as the prostitutes (pimps / pimps), with recruitment areas covering malls, plazas, suburban areas, as well as other entertainment centers, which are generally the place where teenagers hang out.In conclusion, the factors that cause organized crime against the child prostitution in Medan are environmental factors (there is good interaction and communication between them, both those from the same environment and those from different environments), economic factors and unemployment and which is very dominant is the psychological factor. The obstacles that are faced in overcoming organized crime against the child prostitution business are the obstacles in terms of legislation due to weaknesses rather than the scope of the law itself in ensnaring perpetrators of criminal acts of the child prostitution as well as the criminal threats which are still classified mild.Keywords : Organized Crime, Child Prostitution, Criminal Psychology
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Lubis, Muhammad Ridwan. "Kejahatan Terorganisir Terhadap Pelacuran Anak Di Kota Medan Ditinjau Dari Psikologi Kriminil (Studi Penelitian di Kota Medan)." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 20, no. 1 (September 30, 2020): 105–17. http://dx.doi.org/10.30743/jhk.v20i1.3464.
Full textAbstract:
Crimes that used to be committed by individuals are now mostly committed by organized groups where the legal force of the group is illegal. Theft, muggings, fraud, murder, corruption, money loundry, prostitution, terrorism are some forms of the crime that are mostly committed in an organized manner.The development of the world of the child prostitution has spread in various big cities in Indonesia, including Medan. The sparkling of the city has attracted many people who come from various places in Indonesia and outside Indonesia who want to taste the sweetness of the sparkle of the city with all its spices like a laron approaching a torch which eventually destroys them. The condition of the child prostitution in Medan City has become apprehensive where many children aged 14-17 are involved in the prostitution business. Their involvement tends to be due to the factor of deception committed by collectors who work as collectors and suppliers of children to the prostitution places. This crime was committed in an organized manner as evidenced by the existence of syndicates that collaborated, ranging from child collectors and suppliers (collectors) and those who accommodate and employ children as the prostitutes (pimps / pimps), with recruitment areas covering malls, plazas, suburban areas, as well as other entertainment centers, which are generally the place where teenagers hang out.In conclusion, the factors that cause organized crime against the child prostitution in Medan are environmental factors (there is good interaction and communication between them, both those from the same environment and those from different environments), economic factors and unemployment and which is very dominant is the psychological factor. The obstacles that are faced in overcoming organized crime against the child prostitution business are the obstacles in terms of legislation due to weaknesses rather than the scope of the law itself in ensnaring perpetrators of criminal acts of the child prostitution as well as the criminal threats which are still classified mild.Keywords : Organized Crime, Child Prostitution, Criminal Psychology
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Guy, Donna J. "White Slavery, Public Health, and the Socialist Position on Legalized Prostitution in Argentina, 1913-1936." Latin American Research Review 23, no. 3 (1988): 60–80. http://dx.doi.org/10.1017/s0023879100022445.
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In January 1875, the Buenos Aires municipal council legalized female sexual commerce within authorized bordellos. A decade of rapid urbanization and population growth, characterized by a high proportion of unmarried males, had created problems of social control and public health that had to be addressed by city authorities. Assisted in their task by doctors specializing in public health who were aware of European legislation on the issue, councilmen enacted a law purportedly intended to improve public health. Instead, the desire to create revenues from exorbitant license fees meant that municipally regulated prostitution served principally to keep prostitutes off the streets and enlarge city coffers. It was not until 1888 that the Dispensario de Salubridad (or Prostitutes' Registry) was established along with the Sifilicomio (the venereal disease hospital) to periodically examine and treat women in licensed houses of prostitution.
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BLOM, IDA. "From regulationism to the ‘Scandinavian Sonderweg’: legislating to prevent venereal diseases in Denmark during the long nineteenth century." Continuity and Change 20, no. 2 (August 2005): 265–86. http://dx.doi.org/10.1017/s0268416005005485.
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In this article I discuss the dilemma between coercion and respect for civil liberties that characterized policies for the prevention of venereal diseases during the nineteenth century. Placing Danish legislation in an international perspective, the gradual change from control of prostitution to the so-called Scandinavian Sonderweg is analysed. Special emphasis is given to parliamentary discussions on the law of 1906, with a view to disentangling the survival of traditional attitudes to sexual morality from burgeoning conceptions of universal welfare policies.
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Chen, Bruce. "The Human Rights Act 2019 (Qld): Some perspectives from Victoria." Alternative Law Journal 45, no. 1 (January 14, 2020): 4–11. http://dx.doi.org/10.1177/1037969x19899661.
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The Human Rights Act 2019 (Qld) is modelled on Victoria’s dialogue model for human rights protection, the Charter of Human Rights and Responsibilities Act 2006 (Vic). This article provides a Victorian perspective on the operative provisions of Queensland’s Human Rights Act, particularly those which bind public entities, courts and tribunals when applying legislation (sections 13, 48, 58 and 59). The potential impacts of amendments by the Act to the Corrective Services Act 2006 (Qld) and Youth Justice Act 1992 (Qld) are also considered.
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Eleanora, Fransiska Novita. "Madani Community and Criminal Action on Children's Online Prostitution in Social Media." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 8, no. 4 (December 31, 2019): 449. http://dx.doi.org/10.24843/jmhu.2019.v08.i04.p01.
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Rampant and rampant crime against children on social media, resulting in increasingly restless and worried every parent, especially trafficking child prostitution, and carried out using the internet media. This online prostitution also spreads the contents of child pornography, whether done by the perpetrators themselves, a group of people or even corporations. The aim is to find out how to deal with civil society in dealing with child crimes through online prostitution, the ways that civil society do in eradicating crimes or criminal acts that occur in the environment or civil society life so that they are always vigilant, cautious and not easily trapped in criminal acts or crimes that occur in social medial that is by using social media namely through the internet, or facebook, instagram and so forth. While the research method used is normative research that is by examining and processing theories or in existing concepts and regulations and even legislation that is considered relevant and related to this research, in this case cannot be separated by using books or literature which exists. The results of this finding are various mitigation efforts that can be carried out by civil society in responding to criminal acts related to online prostitution of children, namely by carrying out various measures which are also called preventive, repressive, persuasive, curative and rehabilitation, considered to be able to reduce prostitution crime. existing children on social media, accompanied by a mindset which is advanced modern and supervision from the community and law enforcement which exist.
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Horning, Amber. "Quitting the Sex Trade: Keeping Narratives inside the Debates on Prostitution Policy and Legislation." Victims & Offenders 14, no. 5 (July 4, 2019): 533–39. http://dx.doi.org/10.1080/15564886.2019.1628149.
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Vidra, Zsuzsanna, Noémi Katona, and Viktória Sebhelyi. "State policies and institutional procedures and practices addressing prostitution and sex trafficking of children in Hungary." Critical Social Policy 38, no. 4 (December 19, 2017): 645–66. http://dx.doi.org/10.1177/0261018317748318.
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The article, based on policy analysis, institutional interviews and community fieldwork, looks at why children in prostitution and victims of trafficking remain practically without state support and institutional assistance. It also explores to what extent the decriminalisation of the system assisting child victims of prostitution and trafficking, or the shift from the ‘punishment’ to the ‘welfare model’, has taken place. The ethnic aspect of the problem is addressed as well given that the majority of victims are of Roma origin. While Hungary has ratified all important international conventions that oblige the country to protect child victims, neither its policies and legislation nor its institutions including child protection, law enforcement and the judiciary, seem to have adequate structural frameworks and institutional practices to attend to these children and prosecute offenders. Policy gaps, institutional procedures and practices are identified and it is concluded that the country is still much closer to the ‘punishment model’.
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Thiemann, Inga K. "Sex Work Regulation, Anti-trafficking Policy, and Their Effects on the Labour Rights of Sex Workers in Germany." International Journal of Comparative Labour Law and Industrial Relations 36, Issue 2 (June 1, 2020): 195–220. http://dx.doi.org/10.54648/ijcl2020011.
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This article provides an analysis of regulatory approaches to sex work, the status of sex workers’ labour rights, and the conflation of sex work and human trafficking, with reference to the example of Germany. It assesses the strengths and weaknesses of Germany’s approach to the regulation of prostitution and the ways it has been influenced by international debates challenging the status of sex work as work, as well as concerns about human trafficking. It analyses the Prostitution Act 2002 (ProstG), and the Prostitute Protection Act 2017 (ProstSchG), and their effects on the rights and working conditions of sex workers, as well as their aim of improving the safety of vulnerable sex workers and reducing the level of human trafficking and exploitation in the German sex industry. In particular, the article considers the impact of this legislation on those working in the sex industry, especially migrant women and those at risk of exploitation. Through its analysis of the existing approach to sex work in Germany, the direction of reform and the absence of a labour-rights approach to the regulation of sex work and the prevention of trafficking, the article highlights the fact that even a country that is -in principle - willing to accept sex work as work, has failed to grant labour rights to sex workers. The article argues that the Prostitute Protection Act has in some ways increased the vulnerability of sex workers rather than promoting their safety. In addition, it is argued that legislators should consider labour protection and labour rights as an alternative means of protecting sex workers, rather than (re)criminalizing aspects of sex work in the name of ‘protecting’ women by means of prohibition or control. Adopting a labour-rights approach rather than paternalistic approach would have the potential to bring about far-reaching reform of the relevant legislation both in Germany and internationally. Sex Work, Human Trafficking, Labour Rights, Criminalization, Prostitution, Sex Work as Work
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Kilvington, Judith, Sophie Day, and Helen Ward. "Prostitution Policy in Europe: A Time of Change?" Feminist Review 67, no. 1 (March 2001): 78–93. http://dx.doi.org/10.1080/01417780150514510.
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There has been considerable recent debate about prostitution in Europe that reflects concerns about health, employment and human rights. Legal changes are being introduced in many countries. We focus on two examples in order to discuss the likely implications. A new law in The Netherlands is normalizing aspects of the sex industry through decriminalizing both workers and businesses. In Sweden, on the other hand, prostitution is considered to be a social problem, and a new law criminalizes the purchasers of sexual services in an attempt to reduce demand. Both reforms appear to have had their desired effect at one level; in The Netherlands, health and safety regulations will be introduced as in any other job, and EU sex workers gain full social, legal and employment rights; in Sweden there was initially a tenfold decrease in the numbers of women working visibly on the streets, and some workers have left the industry. However, in both countries, the new legislation has also driven some sex work underground. Many sex workers are excluded by the Dutch system and move underground to become effectively invisible to the authorities. In Sweden sex workers and their clients also become less visible in order that the latter can avoid sanction. Social and economic changes, such as increased migration and the growing use of the Internet will also render the sex industry less visible both to state regulation and to health care workers. The major problems of prostitution for the workers remain exploitation, stigma, abuse and criminalization. These are not unique to the industry, and can only be tackled effectively by the self-organization of sex workers into unions and rights groups, along with full decriminalization. An alternative vision is promised through self-organization and anti-racist actions by sex workers in Germany; normalization and workers’ rights are tackled alongside training programmes for those seeking alternatives. Policy makers throughout Europe would do well to look at their experience and not simply at the clash of legal reforms.
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McLaren, John P. S. "Chasing the Social Evil: Moral Fervour and the Evolution of Canada's Prostitution Laws, 1867-1917." Canadian journal of law and society 1 (1986): 125–65. http://dx.doi.org/10.1017/s0829320100001034.
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[T]he ordinary citizen who detests exploited prostitution has no unbalanced desire for legislation at any price. He or she is prepared to face the inescapable truth that the causes of this evil cannot be touched by law, however perfectly conceived, however perfectly administered. Those who are obsessed by a frenzy for legislative measures achieve contentment and futility. The slow way is the only way of advance here: education, a changed social outlook, a gradual reorganization of economic conditions, these may remove such causes as are within our control. And not the wisest of us can prophesy but that we shall find the primary cause will baffle us at the end. Teresa Billington-GreigThe relationship between criminal law and morality is one which has always evoked strong feelings. Moreover, the question of whether and how to use criminal law sanctions to curb sexual immorality has been particularly susceptible to both outbursts of moral fervour in the community at large and to the pressure exercised by crusaders and propagandists with moral missions.
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Ambarwati, Mega Dewi, and Ghina Azmita Kamila. "THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION." Diponegoro Law Review 4, no. 2 (October 1, 2019): 167. http://dx.doi.org/10.14710/dilrev.4.2.2019.167-180.
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Nowadays, in marriage life, spouse often dealing with big problem as like infertility which make them unable to have offspring. However, due to infertility, the spouse has obtained some efforts to solve their problems. One way to solve the problem is by obtaining surrogacy with the help of surrogate mother. Nevertheless, in Indonesia, especially, surrogacy as well as surrogate mother is still considered to be taboo things and no legal system which regulate the surrogacy and/or surrogate mother. Yet other countries have allowed or legalize the surrogacy practice as well as surrogate mother. Hence, this study aimed to reveal a comparison of legal system on surrogate mother and surrogacy law in Indonesia and India. This study used comparative legal research methodology through the functional method since Indonesia has the same function over the purpose of law establishment on the surrogate mother in India. The result reveals that it needs a legal system on surrogacy and surrogate mother as the legal certainty for any individual especially spouse who could not have offspring along with some reasons such as minimalize prostitution and unregistered marriage, prevent dispute, and to develop scientific field.
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Melnychuk, V. "COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN: INTERNATIONAL LAW." Bulletin of Taras Shevchenko National University of Kyiv. Social work, no. 3 (2018): 10–13. http://dx.doi.org/10.17721/2616-7786.2018/3-1/2.
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The article deals with the concept of commercial sexual exploitation of children. The forms of commercial sexual exploitation of children, among that there is child's prostitution, child's pornography, trading in children, child's sex-tourism, early marriage, are described. International documents, that regulate a legislation in relation to crimes, children related to commercial sexual exploitation, are considered. Work of ungovernmental organizations, that conduct active activity in relation to defence and help to the children that suffered from sexual violence, is described. It is noted that the fight against commercial sexual exploitation of children with sexual violence against children should be conducted, in addition to international, national and local levels. The principles of the legal principles and standards that should guide children's strategies and practices, including advocacy for the prevention of violence and measures to protect all children from all forms of violence are described. The economic, social and cultural rights that contain the provision according to which children should be protected from economic and social exploitation are indicated. It has been determined that commercial sexual exploitation of children is a violation of the rights of the child, which is considered as a subject of sex and the subject of trade; and includes sexual abuse of the child or exploitation of the child by an adult, as well as payment in cash or in kind. It has been established that the development of legislation and recognition of the problem of sexual exploitation and sexual abuse of children at the national and international levels will be an impetus in combating the commercial sexual exploitation of children. It has been stressed that commercial sexual exploitation of children in many countries is particularly dangerous criminal activity, violating the rights of the child.
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Butler, Andrew S. "Strengthening the Bill of Rights." Victoria University of Wellington Law Review 31, no. 1 (April 3, 2000): 129. http://dx.doi.org/10.26686/vuwlr.v31i1.5975.
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This article was presented as a Victoria University of Wellington Centennial Lecture during Law Festival week in 1999. The author critically examines two aspects of the current operational structure of the New Zealand Bill of Rights Act 1990—the subordination of the Bill of Rights to all enactments (section 4) and the issue of "positive vets" of proposed legislation by the Attorney-General (section 7). The author identifies them as weaknesses, and makes suggestions as to possible improvements.
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Fauzi, Muhammad Latif. "Religious Symbolism and Democracy Encountered: A Case of Prostitution Bylaw of Bantul." Al-Jami'ah: Journal of Islamic Studies 50, no. 1 (June 26, 2012): 97–118. http://dx.doi.org/10.14421/ajis.2012.501.97-118.
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This paper addresses the bylaw on prostitution issued by the Bantul authority in May 2007. It specifically examines the relation between the involvement of religious symbolism, the call for public participation and political interests in the legislation process. The paper argues that, on the one hand, the law relates prostitution to issues of immorality, social illness, and the degradation of women due to economic discrimination or sexual exploitation. The subject of prostitution has been extended, covering not only sex workers and pimps, but everyone committing indecent acts, such as showing a ‘sexy’ performance. On the other hand, this regulation is considered to be ambiguous in determining the standard of public morality and, therefore, puts women in a marginalised position. That the implementation of this law contributes to institutionalising the criminalisation against women is another fact which is believed to diminish the meaning of democracy. The government is blamed as taking too much care with procedural democracy but giving less attention to education and employment opportunities.[Artikel merupakan hasil studi peraturan daerah tentang larangan pelacuran yang dikeluarkan oleh Pemerintah Kabupaten Bantul pada Mei 2007. Studi ini menguji keterkaitan antara simbol-simbol keagamaan, partisipasi publik, dan kepentingan politik yang muncul dan menyertai proses legislasi. Penulis berpendapat bahwa pada satu sisi, dalam peraturan tersebut, pelacuran dikaitkan dengan perusakan terhadap nilai agama dan sosial serta penurunan martabat perempuan, terlepas akibat diskriminasi ekonomi atau eksploitasi seksual. Subjek pelacuran ternyata juga diperluas, tidak hanya pekerja seks dan mucikari, tetapi setiap orang yang melakukan perbuatan cabul, seperti berpenampilan seksi. Pada sisi yang lain, ukuran moralitas publik dalam peraturan ini dianggap kurang jelas dan menempatkan perempuan pada posisi yang terpinggirkan. Bahwa penerapan peraturan berimplikasi pada kriminalisasi terhadap perempuan merupakan bukti lain yang dinilai bertentangan dengan substansi demokrasi. Pemerintah dinilai terlalu perhatian pada demokrasi prosedural, tetapi mengabaikan masalah pendidikan dan kesempatan kerja.]
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Bates, Frank. "Some Impending Legal Problems for Social Workers." Children Australia 10, no. 4 (1986): 4–11. http://dx.doi.org/10.1017/s0312897000016623.
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AbstractMany areas of the law with which social workers are required to deal are particularly dynamic and, in order to meet the challenges they present, it is necessary to look ahead. Developments in the United States often provide a useful means of predicting developments in Australia. The paper examines three areas, proceedings, social security law, and mental health – where change is becoming, or likely to become, apparent, in the first topic, there has been a marked change in both the issues with which the courts have had to deal and the methodology which they have adopted to attempt to resolve them. In social security law, decisions of the Administrative Tribunal have illustrated anomalies and deficiencies in the legislation, and social workers in their daily practice may notice others. All of that might well lead to a necessary review of the legislation. In the area of mental health legislation, a draft bill in Victoria contains a number of disquieting features which should cause social workers, as well as lawyers, concern. The paper concludes by noting that the legal relationship between social workers and the law has never been more subject to scrutiny in a wide variety of situations, and mutual respect between the two disciplines must continue to increase.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Kulig, Teresa C., Erica R. Fissel, Valerie R. Anderson, and Bonnie S. Fisher. "Victim or Prostitute? The Classification of Commercial Sex Events Involving Minors in the National Incident-Based Reporting System." Violence and Victims 35, no. 3 (June 1, 2020): 331–53. http://dx.doi.org/10.1891/vv-d-19-00060.
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Sex trafficking is recognized as a national problem that inflicts serious harm on its victims, yet, legislative responses to trafficking vary depending on jurisdiction. Federal legislation considers youths who engage in commercial sex acts as trafficking victims. States, however, vary in the evidence required to prove a juvenile is a victim of sex trafficking, as opposed to an offender of prostitution. Using four years of data from the National Incident-Based Reporting System, we compared details of commercial sex incidents involving youths who were identified as trafficking victims or arrested as prostitutes. Beyond legislative differences, comparisons between cases are discussed to illuminate how state law enforcement officials legally classify these events involving adolescents (i.e., as victims or prostitutes). Further, we consider the policy implications of the findings.
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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 4 (May 29, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i4a2515.
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This issue contains six diverse contributions on topics ranging from prostitution to rent control, unfair dismissals, civil liberties in Zimbabwe, prospecting rights and insolvency issues. The first article is from Sarah Pudifin (pupil advocate at the KwaZulu-Natal Bar) and Shannon Bosch (senior lecturer in law at the University KwaZulu-Natal), who examine countervailing South African public opinion on the subject of prostitution and identify the factors which might influence these attitudes. Sue-Mari Maass of the University of South Africa in the second article gives a comparative analysis of rent control measures imposed in various jurisdictions (South Africa, New York and England) to provide tenure protection for vulnerable tenants. The third article is from Stella Vettori, also of the University of South Africa, who discusses the role of human dignity in the assessment of fair compensation for unfair dismissals. The authors of the fourth article are Jephias Mapuva and Loveness Muyengwa-Mapuva. They discuss key legislation within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections in Zimbabwe. The issue concludes with two case notes. The first one is from Tracy-Lynn Humby of the University of the Witwatersrand. She writes about the conflict between two empowerment firms, Bengwenyama Minerals (the investment vehicle of the Bengwenyama-ye-Maswazi community) and Genorah Resources, which culminated in three judgments, termed the "Bengwenyama trilogy" by the author. Her focus is on the right of a community to prospect or mine and the protection thereof during mining activities. The second note, written by Lienne Steyn of the University of KwaZulu-Natal, considers case law which deals with the interface between the National Credit Act 34 of 2005 and the Insolvency Act 24 of 1936. The question in all three cases she discusses was whether or not a debtor's application for debt review constitutes an act of insolvency which can be relied upon by a debtor in an application for the compulsory
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David, Donny, and Mety Rahmawati. "PERTANGGUNGJAWABAN PIDANA PEKERJA SEKS KOMERSIAL BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK (STUDI KASUS: 516/PID.SUS/2017/PN.SMN." Jurnal Hukum Adigama 1, no. 1 (July 31, 2018): 1478. http://dx.doi.org/10.24912/adigama.v1i1.2219.
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The criminal liability issue of commercial sex workers is a hot issue among lawyers in Indonesia. Responsibility for criminal pimps has been positively regulated in legislation, but for commercial sex workers it certainly has not been explicit. That is the reason why this research is raised. The problem of this research is how criminal responsibility of commercial sex worker in prostitution crime through online media pursuant to Law Number 19 Year 2016 about amendment of Law Number 11 Year 2008 About Information and Electronic Transaction (Case Study: 516 / Pid. Sus / 2017 / PN Smn This research will be carried out using huku normati research method with case and law approach.The result of this research is that in Indonesia, criminal liability to commercial sex workers is not explicitly regulated, but implicitly regulated The legal umbrella that can be used to hold criminal liability for commercial sex workers is the Law on EIT, where if the commercial sex worker uses online media to prostitute herself, she may be held criminally liable.
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Warner, Kate, Julia Davis, Caroline Spiranovic, Helen Cockburn, and Arie Freiberg. "Why sentence? Comparing the views of jurors, judges and the legislature on the purposes of sentencing in Victoria, Australia." Criminology & Criminal Justice 19, no. 1 (November 10, 2017): 26–44. http://dx.doi.org/10.1177/1748895817738557.
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In recent times, parliaments have introduced legislation directing judges to take defined purposes into account when sentencing. At the same time, judges and politicians also acknowledge that sentencing should vindicate the values of the community. This article compares the views on the purposes of sentencing of three major participants in the criminal justice system: legislators who pass sentencing statutes, judges who impose and justify sentences and jurors who represent the community. A total of 987 Australian jurors in the Victorian Jury Sentencing Study (2013–2015) were asked to sentence the offender in their trial and to choose the purpose that best justified the sentence. The judges’ sentencing remarks were coded and the results were compared with the jurors’ surveys. The research shows that, in this jurisdiction, the views of the judges, the jurors and the legislators are not always well aligned. Judges relied on general deterrence much more than jurors and jurors selected incapacitation as the primary purpose in only about a fifth of ‘serious offender’ cases where parliament has provided that community protection must be the principal purpose.
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Hemming, Andrew. "Resolving the Application of the Christie Discretion in the Uniform Evidence Legislation." Federal Law Review 42, no. 3 (September 2014): 539–58. http://dx.doi.org/10.22145/flr.42.3.5.
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The application of s 137 of the uniform evidence legislation, which essentially restates the Christie discretion, has been thrown into confusion with the Supreme Courts of New South Wales and Victoria taking a restrictive and expansive interpretation respectively of the meaning of ‘probative value’ for the purpose of the weighting exercise between probative value and unfair prejudice. Definitive clarification of such an important and well known evidential principle, which could reasonably have been previously regarded as settled law, will most likely be postponed until a suitable case is heard by the High Court. This article seeks to anticipate such a judicial resolution of the application of s 137, by applying well-understood principles of statutory interpretation, to argue in favour of the Victorian expansive approach to the meaning of ‘probative value’ in the uniform evidence legislation.
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Carson, Lisa, and Kathy Edwards. "Prostitution and Sex Trafficking: What are the Problems Represented to Be? A Discursive Analysis of Law and Policy in Sweden and Victoria, Australia." Australian Feminist Law Journal 34, no. 1 (June 2011): 63–87. http://dx.doi.org/10.1080/13200968.2011.10854453.
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Slater, Stefan. "Lady Astor and the Ladies of the Night: The Home Office, the Metropolitan Police and the Politics of the Street Offences Committee, 1927–28." Law and History Review 30, no. 2 (April 26, 2012): 533–73. http://dx.doi.org/10.1017/s0738248011000976.
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Section 54 (11) of the Metropolitan Police Act 1839 criminalized the act of a common prostitute causing annoyance by soliciting in public.2For the police to implement this legislation was no simple matter, as no definition of “prostitute,” or indeed “annoyance,” was scribed in statute law. Although common law aided the interpretation of this offense—the case ofRex v. de Munck(1918): “We are of the opinion that prostitution is proved if it is shown that a woman offers her body commonly for lewdness of payment in return”3—in practice, identifying a “common prostitute” and defining “annoyance” was left to the discretion of the individual police officer. Although specific squads were deployed to target streetwalkers in West End police divisions, where the presence of prostitutes was more likely to cause public offense, a “blind eye” was often turned to women soliciting in the less salubrious streets of the metropolis. Local knowledge gained on the beat and the informal advice of colleagues shaped an unofficial police policy of containment and toleration.4
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Taylor-Sands, Michelle M. "The Discriminatory Legal Barrier of Partner Consent in Victorian ART Law: EHT18 v Melbourne IVF." Medical Law Review 27, no. 3 (2019): 509–18. http://dx.doi.org/10.1093/medlaw/fwz010.
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Abstract In September 2018, the Federal Court of Australia found that a Victorian woman did not need her estranged husband’s consent to undergo in vitro fertilisation treatment (IVF) using donor sperm. The woman, who was 45 years of age, made an urgent application to the Court for permission to undergo IVF using donor sperm. In a single judge ruling, Griffiths J held that the requirement in the Assisted Reproductive Treatment Act 2008 (Vic) (‘ART Act’) for a married woman to obtain the consent of her husband discriminated against the woman in question on the basis of her marital status in contravention of the Commonwealth Sex Discrimination Act 1984 (Cth) (‘SD Act’). His Honour declared the Victorian law in this instance ‘invalid and inoperable’ by operation of section 109 of the Commonwealth Constitution to the extent it was inconsistent with the Commonwealth law. Although the declarations by the Federal Court were limited in their terms to the circumstances of the case, the judgment raises broader issues about equity of access to assisted reproductive treatment (ART) in Victoria. The issue of partner consent as a barrier to access to ART was specifically raised by an independent review of the ART Act in Victoria. The Victorian Government released an interim report late last year as a first stage of the review, which canvasses some options for reform. This raises a broader question as to whether prescriptive legislation imposing detailed access requirements for ART is necessary or even helpful.