Sex Trade Criminalization Legalization Decriminalization Policy Analysis Essay


Question Description

There are two parts each part are separate from each other

Part 1:

Policy analysis essay: Criminalization, legalization or decriminalization?

Should selling and trading sex be criminalized, decriminalized or legalized, and why? Draw on our assigned readings from the second half of the semester to answer this question in a 3-5 page (double spaced in 12-point font) persuasive essay. Your essay must summarize, analyze and evaluate different policy approaches to the legal regulation of the sex trade. This means, you have to define each approach and how it affects specific groups of people, and explain your evaluation of the models you think are harmful or helpful. You should specify the effects of your preferred model vs. other models of legal regulation on particular groups, for example youth under 18, transgender people, adults, or survivors of trafficking. You will not be graded based on the position you take, but on how persuasively you make your argument. Your paper should have the following components:

1) An introduction that explains why this is an important policy issue and states your position in the form of a clear thesis statement.

2) An analysis and critique of opposing perspectives in the debate about criminalization, legalization and decriminalization of selling or trading sex

3) A strong thesis statement answering the question of whether selling or trading sex independently or with a manager should be criminalized, legalized, or decriminalized for people in the sex trade and whether buying sexual services should be criminalized, legalized or decriminalized for their clients and why, and

4) Clear sub-claims and compelling evidence from the course readings to support your argument throughout the paper.

5) Proper citation for direct quotes as well as paraphrased passages from the reading. (Please see handout on citation, quotation and paraphrasing.) Cite at least 5 assigned readings from the second half of the semester.

6) A strong, compelling conclusion that reviews your argument and discusses the broader implications.

*The attached file are articles and reading that needs to incorporated in the essay*

Step 2:

2-3 pages long, even if they find and discuss sources collaboratively with a team of classmates. Students have two choices for the individual paper. You can either write a book review based on a careful reading and analysis of a single nonfiction book that was not assigned for this class, or a literature review based on analysis and synthesis of 3 peer-reviewed academic articles that were not assigned for this class.

Book review assignment instructions: Read a book related to your chosen topic within the broad theme of criminalization of gender and sexuality, and analyze the author’s main argument and evidence. Write a paper that answers the following questions


Literature review paper: Read peer-reviewed academic articles related to your chosen topic within the broad theme of criminalization of gender and sexuality, and analyze the authors’ arguments and evidence. Write a paper that answers the following questions

Unformatted Attachment Preview

SEX WORKERS AT RISK A RESEARCH SUMMARY ON HUMAN RIGHTS ABUSES AGAINST SEX WORKERS Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2016 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. For more information please visit the permissions page on our website: Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2016 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: POL 40/4061/2016 Original language: English Cover photo: Sex workers wait for customers in Tegucigalpa, Honduras, 18 July 2012. © Spencer Platt/Getty Images CONTENTS 1. INTRODUCTION 4 2. WHO ARE SEX WORKERS? 6 3. NEW RESEARCH 7 4. HUMAN RIGHTS ABUSES SUFFERED BY SEX WORKERS – WHAT THE RESEARCH SHOWS 9 4.1 Stigmatized and marginalized 10 4.2 Physical and sexual violence 11 4.3 Barriers to protection from violence and crime 12 4.4 Entrapment, extortion and coercive police measures 14 4.5 Access to health services 14 4.6 Housing rights 15 5. PROTECTING SEX WORKERS FROM ABUSE 17 6. CRIMINALIZATION AND IMPACTS 18 7. ACTION AGAINST HUMAN TRAFFICKING AND EXPLOITATION 19 7.1 Trafficking 19 7.2 Exploitation 19 7.3 Different legal approaches 20 8. ABOUT OUR POLICY 21 9. ANNEX: FURTHER READING 22 SEX WORKERS AT RISK A RESEARCH SUMMARY ON HUMAN RIGHTS ABUSES AGAINST SEX WORKERS Amnesty International 3 1. INTRODUCTION “Our new policy is focused on protecting sex workers from human rights abuses and violations and reinforces our unflinching determination to address and oppose serious human rights abuses experienced by sex workers – such as violence, extortion, harassment and denials of rights to health, housing and other essential services.” Tawanda Mutasah, Senior Director for Law and Policy Beatings. Rape. Harassment. Forced HIV testing. Exploitation. Extortion. Forced evictions. Exclusion from basic health services. Discrimination. For one of the world’s most marginalized, vulnerable and stigmatized groups of people – sex workers – such human rights violations and abuses are a daily reality or risk in many countries worldwide. This is not easy territory for a human rights organization. Debates about sex work are often contentious, with people holding strong opinions. Yet tackling the causes of human rights violations and abuses sometimes requires difficult decisions that some may not agree with. The 1948 Universal Declaration of Human Rights remains relevant and resonant almost 70 years on because it is unswervingly categorical: we all have inalienable human rights. We should not shy away from the absolute principle of standing up for the rights of everyone. We will not ignore people like the woman in Papua New Guinea who told us that police said they did not want to “waste time on sex workers” when she tried to report abuse by a client. Or sex workers in Hong Kong subject to extortion or coerced to sell sex by police. We will not turn away from those suffering sexual violence when seeking medical treatment in Argentina. Or those made homeless by forced evictions in Norway. So how can we achieve better protection for sex workers from such violations and abuses? This question led Amnesty International’s global movement to embark on extensive worldwide consultations and first-hand research carried out over two years culminating in a resolution in August 2015 to adopt a policy on protecting sex workers from human rights abuses. Our new policy is focused on protecting sex workers from human rights abuses and violations – including violence and rape, denial of equal protection before the law, exclusion from medical services, forced evictions, and other forms of discrimination and marginalization. SEX WORKERS AT RISK A RESEARCH SUMMARY ON HUMAN RIGHTS ABUSES AGAINST SEX WORKERS Amnesty International 4 It also reinforces our unflinching opposition to abuses such as human trafficking, exploitation, and gender inequality. Human trafficking is an abhorrent human rights abuse that under international law must be criminalized by states; any third parties who exploit or abuse sex workers must be held to account; and concerted action to end gender discrimination and inequality – injustices that lead some into sex work – is urgently needed. Our policy outlines a range of steps for states to take to ensure better protection for sex workers from violence and injustice. One step is decriminalization of all aspects of consensual adult sex work not involving coercion, exploitation or abuse. There is growing evidence that criminalizing sex work makes sex workers more vulnerable to rights violations and increases the risks and dangers that sex workers face, exacerbates inequality and discrimination, and leads to harmful impacts. We want laws to be refocused on making sex workers’ lives safer, while addressing effectively human trafficking, exploitation and gender discrimination. We want states to ensure no one is coerced to sell sex, has to rely on it for survival, or is unable to stop if they choose to. Sex workers face marginalization and abuse that is against everything we stand for as human rights defenders. We have a responsibility to help them claim their human rights. SEX WORKERS AT RISK A RESEARCH SUMMARY ON HUMAN RIGHTS ABUSES AGAINST SEX WORKERS Amnesty International 5 2. WHO ARE SEX WORKERS? SEX WORKER DEFINITION By “sex worker”, Amnesty International means adults (18 years of age and above) who receive money or goods in exchange for consensual sexual services regularly or occasionally. By “sex work”, Amnesty means exchange of sexual services, involving sexual acts, between consenting adults for remuneration, with terms agreed between seller and buyer. Amnesty International recognizes that terms referring to sex work and sex workers vary across continents and by individual preference, and not all who sell sexual services identify themselves as “sex workers”. Where consent is absent for reasons including threat or use of force, deception, abuse of power, or involvement of a child, such activity is not sex work but constitutes a serious human rights abuse which must be treated as a crime. The terms “sex worker” and “sex work” are not applicable to children or trafficking victims. Sex workers are diverse, all with their own experiences. People of different gender, and ethnic and socioeconomic backgrounds carry out sex work for often complex and overlapping reasons. Poverty and deprivation of opportunity – fuelled by discrimination, gender inequality, social exclusion, racism, colonialism, social-economic inequality and oppression – can lead people into sex work, or play a role in sex workers’ decisions to remain in sex work. For some, sex work can offer more flexibility and control over working hours or a higher rate of pay than other options available to them. • Reliable statistical data is scarce, but evidence indicates that it is often those living in the margins of society and most at risk of discrimination and oppression, who end up selling sex. • Women – who frequently face discrimination and inequality, and bear a disproportionate burden of poverty – account for the majority of sex workers globally. • Some people sell sex because they have limited opportunities. Criminalizing people who sell sex in these circumstances only perpetuates their marginalization. • Transgender people and men account for a significant number of sex workers in many states, and often report high levels of vulnerability to abuses. • People subject to discrimination because of their ethnicity, caste, Indigenous status, migration status and/or who are living in poverty, are also often over-represented among sex workers. SEX WORKERS AT RISK A RESEARCH SUMMARY ON HUMAN RIGHTS ABUSES AGAINST SEX WORKERS Amnesty International 6 3. NEW RESEARCH Amnesty International’s human rights work has previously addressed the rights of sex workers when researching torture, violence against women and criminalization of same-sex relationships. (See Annex: Further Reading below for examples.) As part of extensive consultations into our policy on sex workers’ human rights, the Amnesty International movement carried out country-based research that was primarily focused on the human rights impact of criminalizing sex work. The scope of the research included: • countries or locations from different world regions; • a country adopting the “Nordic Model”; • high, middle and low-income settings; and • an exploration of distinct legal frameworks. Four locations were chosen: the Autonomous City of Buenos Aires (Argentina); Hong Kong SAR (China); Oslo (Norway); and Papua New Guinea. In Argentina, our research focused on the Autonomous City of Buenos Aires, rather than the Province of Buenos Aires, which is governed by different laws. In each location, Amnesty International conducted in-depth interviews with between 15-30 sex workers, as well as between 24-40 other key stakeholders including government officials, academics, advocates for sex workers and representatives of non-governmental organizations (NGOs) that provide support to sex workers. We reviewed research conducted by the UN, government bodies, academics and other researchers in these locations. In some instances, we faced significant difficulties finding sex workers willing to share their experiences, given the criminalized nature of their work and prevailing stigma against sex workers in society at large. In each case, we presented our findings of violations of sex workers’ rights to the authorities in order to obtain their response before finalizing the reports. The research methodology and sources of evidence are set out in detail in each report. In addition, we carried out an extensive review of existing human rights research globally, analysis and jurisprudence of international human rights bodies and experts as well as review of studies worldwide by academics, governments, international organizations and other independent researchers. These are referred to in our policy and an accompanying explanatory note. SEX WORK AND THE LAW In the City of Buenos Aires, Argentina, the sale or purchase of sex by adults is not explicitly illegal but, in practice, these activities are criminalized on multiple levels through a range of laws that punish activities related to sex work and an anti-trafficking law that fails to distinguish between consensual sex work and human trafficking into the sex sector. • The autonomous sale and purchase of sex indoors is not criminalized per se, but sex workers working in these situations face grave violence and extortion during anti-trafficking raids and apartment inspections. • The law related to street-based sex work does not ban the sale of sex but aims to prevent “public nuisance” by criminalizing the “ostentatious” offer and demand of sex in unauthorized public places. According to sex workers, the police uses this law to repeatedly stop them and ask them to show identification documents, and subjects them to fines and probation. SEX WORKERS AT RISK A RESEARCH SUMMARY ON HUMAN RIGHTS ABUSES AGAINST SEX WORKERS Amnesty International 7 In Hong Kong, it is not illegal for a person to sell sex on their own from an apartment, and many sex workers we spoke to are careful to comply with the law. However, many other activities associated with sex work are illegal. • Sex workers can under the law be prosecuted for soliciting customers, sharing premises with other sex workers, and living off the proceeds of sex work. • Sex workers interviewed by Amnesty said that police often engage in coercive practices and entrapment to prosecute sex workers who operate outside the law. • Those working on the street – often migrants from mainland China – are at particular risk of arrest because they are easy to identify, and cannot sell sex without violating the prohibition on solicitation or breaching immigration laws. In Papua New Guinea, it is illegal to live off the earnings of “prostitution”, to own or operate a brothel, or engage in same-sex sexual activity. • According to sex workers, police, when enforcing these laws, commit a range of violations against them, including cruel, inhuman and degrading treatment and unlawful detention. • These laws have a significant impact on the violence, stigma and discrimination suffered by sex workers. In Norway, direct selling of sex is not illegal but buying sex is. The penal code also outlaws “promotion” of sex work. The definition of “promotion” is broad. It includes the provision of support services such as security and transport and also means that sex workers can be prosecuted for “promotion” if they are working together for safety. • Renting out premises used for selling sex is illegal under the law on “promotion”; police have used this law extensively to force landlords to evict sex workers from their homes and premises. • Buying sex became a crime in 2009; the subsequent government-commissioned evaluation of the law found that since its introduction, sex workers report having less negotiation power in the street market, that a larger proportion of remaining buyers are now described as being “bad” customers (they are less likely to respect the agreement and terms between the seller and buyer) and that buyers rush the initial negotiation, giving sex workers less time and opportunity to assess risks. • Sex work and trafficking for purposes of sexual exploitation are recognized as separate issues under Norwegian law, but are frequently conflated through government policy-making and police practice. The government’s policies aim to prevent trafficking primarily by reducing or eradicating sex work. As a result, sex workers and victims of trafficking are often negatively impacted by police crackdowns. SEX WORKERS AT RISK A RESEARCH SUMMARY ON HUMAN RIGHTS ABUSES AGAINST SEX WORKERS Amnesty International 8 4. HUMAN RIGHTS ABUSES SUFFERED BY SEX WORKERS – WHAT THE RESEARCH SHOWS Laura – a street-based sex worker in Argentina – told Amnesty International how a client grabbed her by the neck and held her at knife point. After she gave him her money and cell phone, he let her go. Laura explained that she did not report the violence and theft to the police because it would be “a waste of time”. “They won’t listen to me because I’m a street worker”, she said. Her story is not unusual. Sex workers are among the most marginalized and stigmatized populations in the world and frequently face a harsh daily reality of threats to their safety and wellbeing. It is clear from our research and information collected by local and other international organizations that: • Sex workers suffer high rates of violence and abuses worldwide, and are highly vulnerable to human rights violations. • Sex workers face attacks, discrimination and injustice – at the hands of police, clients, exploitative third parties involved in sex work, landlords, family, community and healthcare providers. Much of this violence and abuse goes unreported, under-investigated and unpunished. • Increasingly, we are encountering evidence of violations against sex workers in our work: instances of police abuse in Nigeria; sexual and gender-based violence in Tunisia; “morality” crackdowns in Tajikistan; and rape, extortion and harassment by police in Brazil. This is in addition to our specific research on sex work conducted in Argentina, Hong Kong, Papua New Guinea and Norway. • Other local and international organizations are documenting serious violations and abuses against sex workers. In India and Indonesia, researchers have found that sex workers rounded up in raids were beaten, coerced to sell sex by police, and placed in institutions where they were sexually exploited and suffered physical abuse. Human Rights Watch has documented widespread police abuses against sex workers in Cambodia and mainland China, including beatings and arbitrary detention. International human rights law guarantees everyone’s right to liberty and security of the person, health, access to justice, adequate housing, equality and non-discrimination, just and favourable work conditions, and remedies for abuses. Yet, in many countries, these rights are denied to sex workers. SEX WORKERS AT RISK A RESEARCH SUMMARY ON HUMAN RIGHTS ABUSES AGAINST SEX WORKERS Amnesty International 9 4.1 STIGMATIZED AND MARGINALIZED Sex workers and NGOs we spoke to described how sex workers face high levels of stigma, prejudice and discrimination, often compounded by presumptions of illegality or immorality imposed by sex work-related laws. Sex workers are frequently shamed and blamed for acts of violence committed against them – by police, clients, family, other private individuals, health care service providers and employers. IN PAPUA NEW GUINEA: • Women engaged in sex work face extreme levels of stigma, discrimination and violence, including from their own families and police, according to sex workers, NGOs and academic research. Gender inequality is a major concern; women – particularly sex workers – who choose their sexual partners or have multiple sexual partners risk violence by family members for defying cultural expectations and societal norms, and for potentially causing the family to lose income in the form of a “bride price”. • Sex workers are stigmatized by many police officers, health care providers and the media as being “spreaders” of HIV – discouraging them from seeking sexual and reproductive health information and services. • Male and transgender sex workers experience multiple forms of intersecting discrimination because of their sexual orientation and gender identity, and involvement in sex work. Those not conforming to established gender or sexuality norms are often ostracized from their communities and families, creating additional barriers to employment, housing and health care. “The main problem is families. When they find out you work in the sex industry they chase you away…Most of us are not wanted by our families and our communities” Sex worker in Papua New Guinea IN BUENOS AIRES: • Police repeatedly stop street-based sex workers arbitrarily and ask for their identification. Police also subject sex workers to repeated fines and probation. Although it is unlawful for police to consider dress, appearance or mannerisms when enforcing the law, sex workers, a local judge and a public defender confirmed that police frequently engage in such profiling when stopping and issuing citations to streetbased sex workers. • Police disproportionately target transgender sex workers when enforcing the law that prohibits streetbased work. Transgender street-based sex workers receive the majority of citations under the law and resulting fines and probation, while clients are rarely cited. IN HONG KONG: • Because of the de facto prohibition on sex work, sex workers, in particular migrant sex workers, reported feeling powerless and unwilling to seek legal protection from violence and abus ...
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School: Carnegie Mellon University


Policy Analysis Essay - Outline

Part One
A. Selling and Trading Sex Should Be Criminalized
B. Nordic Model
C. Health and Safety
D. Harm Reduction
E. Conclusion


Part Two: Book Review Assignment
A. Main Argument of the author
B. Sub claims and the evidence
C. Most compelling part
D. Argument Fall Short
E. Conclusion


Policy Analysis Essay



Policy Analysis Essay
Part One

Selling and Trading Sex Should Be Criminalized
Selling and trading sex has more negative impacts than positive effects in society, and
therefore, it should be criminalized. In this case, criminalization involves the prohibition of sex
work through the use of the law. Sex work is criminalized in most of the countries due to the
negative consequences attached to the practice especially on security and health reasons. It is
better to prevent the effects associated with sex work rather than spending more time, money and
resources to heal or recover from its consequences. According to the research conducted in the
United States, there are several deaths associated with sex work either directly or indirectly.
However, engaging in sex work is a choice of an individual and therefore should be respected
and honored. Any individual including sex workers has legal rights to engage in sexual practices
as long as they do not cause any direct harm to people involved (Lutnick & Cohan, 2009). In this
case, a sex worker is anybody with an age of 18 years or more. Even though sex work is
considered to be a business like any other, it appears to support laziness, robbery, increased use
of illegal drugs, and the spread of sexually transmitted diseases in society. If for any
circumstance, people feel that they want to practice sex work to embrace their rights, they are
supposed to do it in their own residents. Otherwise, practicing sex work should be criminalized
in any public or private place where individuals visit now and then for such acts. Various
approaches such as the use of Nordic Model, consideration of health and safety, as well as harm
reduction can be applied to ensure criminalization of sex work and the activities revolving
around the practice for the safety of both the people involved and the society at large.



Nordic Model
The Nordic Model Approach in sex work refers to a strategy of decriminalizing everyone
who is prostituted, providing support services for helping them to exits from the practice, and
criminalizing individuals who buy sexual services. This approach aims at reducing the sexual
demand that motivates an ind...

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