Decrim now world news digest for October 2024

’Harmful’ laws around sex work in Ireland need to change, report finds

New Zealand, Wellington

October 3, 2024

Stigma and discrimination are felt deeply amongst sex workers in Ireland compared to those in New Zealand and Scotland, according to research by the Victoria University of Wellington.

The findings are contained in a report by a senior lecturer in Criminology at the New Zealand based University, who examined the impact of sex work laws across the three jurisdictions.

As part of her work, Lynzi Armstrong and fellow researchers interviewed 70 sex workers, 24 of whom were in the Republic of Ireland, who "indicated stigma was felt most deeply",

Structural stigma and structural violence were evident in the stories that were told according to the report.

Isolation, shame, and judgement featured in the narratives far more prominently than the other contexts, according to the report. Several participants described instances of abusive and demeaning treatment in a range of settings, linked to another person being aware of their sex work.

The report states that in this context, "stigma was described as being both built into the laws in place, and connected to power held by the Catholic Church, which continues to wield control over sex workers’ lives, and shape public narratives regarding who sex workers are".

It added that participants were "unambiguous in their views" that the laws relating to sex work in Ireland "are harming sex workers and urgently need to be changed".

None of the participants involved in Ms Armstrong’s research spoke positively about the legislative framework in Ireland, where the purchase of sex was criminalised in 2017.

A report published by Amnesty International two years ago said this had a ’chilling effect’ on sex workers’ human rights.

In 2021, Maura Butler Senior Counsel began reviewing Part 4 of the Criminal Law (Sexual Offences Act) 2017. However, she was unable to complete the review, due to her workload in other areas.

The material she had gathered was given to the Data and Research Unit of the Department of Justice to enable it to produce a report.

According to the Department, the report is currently being finalised and "it is anticipated that it will be completed in the coming weeks".

Throughout the review process, the Sex Workers Alliance Ireland has said that despite multiple requests, there has been a lack of transparency and meaningful consultation.

Its spokesperson Linda Kavanagh said there was "a mountain of evidence" from sex workers that violence and fear had increased under the law, and trust in gardaí had fallen.

"By forcing sex workers to work alone, the State is forcing them into harm’s way.

"Working safely and working legally are now incompatible, under the law," she said.

There are ten recommendations in the research by the University of Wellington, including full decriminalisation of sex work. It concluded that this would the health, safety, and wellbeing of sex workers, and would serve as an ideal starting point for stigma reduction.

Source portal rte.ie

Court bid to decriminalise sex work in South Africa

South Africa, Cape Town

October 10, 2024

Sex workers, with the support of the Sex Worker Education and Advocacy Taskforce (SWEAT), have launched a constitutional challenge to laws which criminalise consenting adults soliciting and engaging in sexual acts for reward.

Such laws merely stigmatise what they do, make them more vulnerable and violate their rights, including their rights to dignity, they say.

They want to be able to trade lawfully and with the respect and protections that legality brings.

The challenge, set down in the Western Cape High Court, has been spearheaded by SH, a mother of three, and SWEAT with supporting affidavits by ten other sex workers and experts on the issue.

They are seeking wide-ranging relief. They want certain sections of the Sexual Offences Act and the Criminal Law Amendment Act (Sexual Offences and Related Matters) to be scrapped.

They further seek an order against the National Director of Public Prosecutions (NDPP) to withdraw all charges and criminal proceedings brought in terms of these impugned provisions, release anyone serving sentences and expunge criminal records.

The respondents, the Minister and Director-General of Constitutional Development, the NDPP, and the City of Cape Town have all filed notices of opposition but have yet to file papers.

SWEAT stated: “The case is of significant public interest as it addresses the urgent need to reform laws that not only violate the constitutional rights of sex workers but also perpetuate social injustice, discrimination and public health risks.

“By challenging the criminalisation of sex work, SWEAT aims to ensure a safer, more equitable society for all, while advancing human rights protections for one of South Africa’s most marginalised communities.

“The outcome of this case could set a transformative precedent on the international stage for the decriminalisation of sex work which will impact both legal frameworks and societal attitudes.”

In 2002, the Constitutional Court ruled by a majority against the decriminalisation of sex work in a case referred to as the Jordan case. But SWEAT, which was an amicus curiae (friend of the court) in that matter, says this is a different case being brought on different grounds. And it’s being brought in different times with material societal changes.

Source portal groundup.org.za

New book offers powerful, accessible view on how policy affects sex workers

USA, Alaska

October 10, 2024

The recently published book “Sex Work Policy: Participatory Action Research By Sex Workers and Sex Trafficking Survivors” is an accessible and powerful read, making complex policies digestible for those without a policy background. Balanced with depth and clarity, Sex Work Policy allows readers to understand better what sex workers are going through and what can be done to improve our lives.

With the combination of research, personal stories, and clear actionable policy recommendations, it stands as one of the most valuable resources for anyone looking to understand the realities of sex work in the U.S. 

It was written by sex workers and sex trafficking survivors with a participatory action research methodology, which involves the active participation of those affected by the research. The lived experiences of those in the sex industry make it a must read for anyone wanting to understand the impact of policies on health, safety, and working conditions. 

Each of the 13 chapters tackles a different aspect of the sex industry, from policing to public services, and the realities of the federal law enacted in 2018, Fight Online Sex Trafficking Act. Spoiler: It’s bad. 

One standout chapter is “People in Alaska’s Sex Trade – Their Lived Experiences and Policy Recommendations,” by Tara Burns. Burns is a founding member of Community United for Safety and Protection, a sex trafficking survivor, and a researcher. With an M.A. in her back pocket, she was the first registered lobbyist in Alaska to advocate for sex worker rights. She currently serves as the research and policy director for COYOTE RI, an organization that advocates for policies that promote the health and safety of people involved in the sex industry in Rhode Island. 

Burns brings valuable insights into Alaska’s sex trade, explaining methods, the demographics of participants, and the survey results with clarity. “Sex Work Policy” manages to take topics that can be dry with academic jargon, translating the subject matter into something insightful and actionable. The real power lies in the firsthand accounts of sex workers and sex trafficking survivors in Alaska. This is a clear look at how current state and federal sex trafficking laws warp the lives of people in the sex trade. 

Chapter 7 compares surveys conducted in the U.S., Rhode Island, and Alaska. Examining trafficking, exploitation, violence, and arrest rates, the data exposes the reality that many in the sex industry face daily. For instance, 74% of Alaskan respondents reported being the victim or witness of a crime they didn’t report. These are crimes that could have been prevented or addressed but weren’t because of a system that treats sex workers and sex trafficking survivors as criminals, even when trying to seek help. This chapter offers pragmatic recommendations for law enforcement, highlighting the need for policies requiring police to take reports from sex workers without the threat of arrest.

Whether you’re interested in the legal ramifications of current policies or the health consequences they impose, “Sex Work Policy” doesn’t just outline the problems; there are concrete recommendations to improve conditions for sex workers and sex trafficking survivors. 

“Sex Work Policy” offers practical solutions rooted in the experiences of those who’ve lived it. Whether you’re interested in an overview of national policies or how policies in Alaska have affected those in the sex industry, this book is both a learning tool and a call to action.

“Sex Work Policy”is a guide to the changes needed to protect the health and safety of sex workers and sex trafficking survivors in Alaska and across the U.S. 

Source portal alaskabeacon.com

‘Sex work is dignified work’: SWs urges election candidates in India to address sex workers’ rights in manifestos

India, Maharashtra

October 31, 2024

Among the other guidelines include protecting privacy and identities of people in sex work, educating sex workers about their rights and assisting them to access the justice system

Members of the National Network of Sex Workers have urged electoral candidates in Maharashtra to recognize the dignity of sex work and to engage with male, female, and transgender sex workers to ensure their concerns are included in campaign manifestos.

“Sex work is dignified work,” said Renuka Kale, president of National Network of Sex Workers, adding that the legal ambiguity and arbitrary implementation of laws leads consenting adult sex workers to suffer while carrying out their work.

NNSW comprises of 84 organisations across 10 states with over 1.5 lakh sex worker members.

Female, male and transgender members of National Network of Sex Workers in Maharashtra, who have the right to exercise their franchise in Maharashtra for the upcoming polls, have urged candidates to insist on effective implementation of the Supreme Court guidelines that are vital to provide safe working space and justice to sex workers.

“It is our appeal to all the electoral candidates in Maharashtra to include these guidelines in their election manifestos and campaigns,” Pune based Vanita Mane who is the India coordinator of National Network of Sex Workers said.

The Centre and the state governments, through the National Legal Services Authority, State Legal Services Authority and District Legal Services Authority, should carry out workshops for educating the sex workers about their rights vis-a-vis the legality of sex work, rights and obligations of the police and what is permitted/prohibited under the law, the network members said.

It may be recalled that on May 19 this year, the Supreme Court issued an interim order on the rights of sex workers as an important milestone in the Budhadev Karmakar vs State of West Bengal 2007 case. The order contains guidelines to protect rights of sex workers.

This includes state governments being directed to do a survey of all facilities for survivors picked up under The Immoral Traffic Prevention Act (ITPA) and placed in protective homes, so that adult women who are detained against their will can be reviewed and processed for release in a time-bound manner. The guidelines also stipulate strict directions to police to treat all sex workers with dignity.

Among the other guidelines include protecting privacy and identities of people in sex work, educating sex workers about their rights and assisting them to access the justice system and preventing unnecessary harassment at the hands of traffickers or police.

Source portal indianexpress.com

Non-Alcoholic Spirits Brand Hires Sex Worker for a Digital Campaign to Clap Back at Internet Trolls

USA

October 31, 2024

Non-alcoholic spirits brand Free Spirits announced on Thursday that it will be hiring a self-declared sex worker for its “Professional Hugs” campaign. The campaign was launched after an internet troll shared a particularly crass and outdated comment on the brand’s social media accounts — with improper capitalization, no less.

“drinking non-alcoholic spirits is like hiring a hooker for a hug. No Point.”

Instead of taking it personally, Free Spirits decided to have a little fun with the comment and launch a campaign in collaboration with burlesque dancer and sex worker Steph Sugar and comedian and writer Carla Lee to create a campaign educating viewers on the benefits of a simple hug.

Lee, a comic who works with Killing My Lobster Improv Troupe in San Francisco, portrays a doctor educating the viewers on the medical benefits of a hug. Sugar expressed in the segment that a 10-second hug can relieve stress, combat depression and lower blood pressure.

The campaign intends to share that both a hug and a non-alcoholic beverage provide joy.

“The driving purpose of Free Spirits is to celebrate those who make our world so colorful by living their own way — which often means making choices that don’t align with these norms or expectations,” Free Spirits founder Milan Martin said in a news release. “Historically, ‘not drinking alcohol’ was seen as strange or as a weakness. In Steph’s case, being a burlesque dancer, she’s subject to the same negative reception. Steph defines her job as ‘sex work’ and is proud of what she does, and sees it as an art form. So when we see a comment as persistent as ‘drinking Free Spirits is like hiring a hooker for a hug,’ we just felt compelled to address it head-on and explore the topics of sex work and non-alcoholic cocktails with humor and compassion toward all.”

Source portal bottleraiders.com