This blog post examines the practical impact of regulating sex trafficking through law on protecting the human rights of sex workers and improving public awareness.
In 2015, when prostitution was legalized in Nigeria, the Nigerian Prostitutes Association made headlines by declaring that it would offer free services for three days to celebrate the event. The idea of offering free services was interesting in itself, but what is more noteworthy is that the Nigerian Prostitutes Association took a positive view of the legalization of prostitution. The reaction of the Prostitutes’ Association seems somewhat ironic, as human rights activists in many countries, including South Korea, oppose prostitution as an act that violates women’s human rights. Is it really a good way to protect human dignity to regulate prostitution through laws? Many people think that regulating prostitution through laws is the right way to protect human rights, but we need to reconsider whether this approach is right.
First, the Anti-Sex Trafficking Act makes the sex trade market a shadow market, making it difficult for sex workers to receive legal protection. Many women’s rights activists oppose the legalization of prostitution on the grounds that it commodifies sex, but on August 11, the “International Amnesty Delegates’ Conference” in Dublin, Ireland, decided to legalize prostitution to ensure that sex workers receive legal protection. This decision reflects the historical and social characteristics of prostitution. Sex trafficking has existed since around 3000 BC and is difficult to eradicate through legal regulations alone. In particular, it is very difficult to grasp the actual situation because it is mainly carried out in areas where it is not permitted.
As regulations on sex trafficking are strengthened, individual sex trafficking becomes more difficult, which in turn leads to an increase in exploitation through “pimps” and coercive acts of sex trafficking. According to the Ministry of Gender Equality and Family’s 2007 and 2010 surveys on the reality of sex trafficking, the number of women in sex trafficking decreased by about 7,000 over three years, but the number of women engaged in sex trafficking through the Internet or in brothels run by pimps was not included, so it appears that the implementation of the Special Act on Sex Trafficking has had the opposite effect of increasing the number of women in the shadows. Pimping goes beyond a simple issue of hierarchy and involves serious crimes such as human trafficking, assault, and rape, and creates a system that does not pay sex workers a fair wage. It would be nice if the problem could be solved through regulation, but legalizing or decriminalizing sex work is a more appropriate approach because it can actually exacerbate the problem. By decriminalizing sex work, sex workers can work in an environment where they are free from legal punishment and can be protected by human rights.
Second, regulation of sex work deepens negative social perceptions of sex workers. Currently, prostitution is legally prohibited in South Korea, so sex workers are not legally recognized. Therefore, there is no educational system in place to instill a correct understanding of sex workers, and this leads to a negative perception of sex workers among the majority of the population. Sex workers who choose prostitution for economic and social reasons are further socially isolated as a result. Many women’s rights activists are concerned that legalizing prostitution could reduce women to tools for satisfying sexual desires. However, these concerns are only for certain sex workers who choose prostitution as a profession, not for all women. It is necessary to improve the negative image of sex workers who have already chosen prostitution as a profession and guarantee their right to choose a profession through decriminalization.
In Norway, the law was enacted to allow prostitution in certain areas only and to punish the act of purchasing sex and brokering, instead of holding the prostitutes themselves accountable. This allowed prostitution to be managed in limited times and places, and the social stigma against prostitution was reduced, improving the public perception of the sex industry. Nevertheless, some human rights activists argue that legalizing prostitution will promote the culture of “all-powerful money” that allows people to buy and sell sex and sexual relationships. However, this is an exaggerated concern because prostitution is not legalized for all women. Rather, it will be easier to manage sex workers and support the promotion of human rights and the improvement of treatment at the national level.
Third, regulation of sex trafficking can have a major economic impact on sex workers. If you think the sex trade market is far from our society, you are mistaken. According to a survey by the Korean Institute of Criminal Policy, the size of the prostitution market in the sex trade market since 2000 has reached about 24 trillion won per year. According to this statistic, at least 330,000 women are engaged in prostitution, and many of them make sex trade their main source of income. Considering that many sex workers who make a living through prostitution are voluntarily engaged in economic activities, strong legal regulations are harsh treatment for them. For those who have chosen sex work as a means of livelihood because it is difficult to become economically independent, regulations make their livelihood a crime.
Legalizing sex work can have a number of positive effects. As with the aforementioned problems, sex workers can earn a stable income and be free from pimp-client relationships and receive fair pay. At the same time, sex workers can be required to pay taxes, which will establish a systematic system that operates under legal control. This will be a stepping stone to solving the human rights violations that have been taking place in the shadows.
Currently, many countries, including South Korea, are regulating prostitution based on biological and ethical issues. Some argue that anti-prostitution laws that punish sex buyers and help prostitutes become self-reliant are a way to protect human rights to a minimum. However, the anti-prostitution law has its limitations in terms of systematic management and protection, as evidenced by the “proliferation of suicides by women in the sex industry,” which is a manifestation of the conflict between pimps and sex workers. The opinions of human rights activists who advocate for the protection of human rights may actually result in the oppression of sex workers from a social and economic perspective.
Considering the limitations of the current anti-prostitution law and the positive effects that could arise from the legalization of prostitution, it is necessary to reconsider whether it is right to support the legal regulation of prostitution. In order to truly protect human rights, it would be preferable to create an environment in which sex workers can work with dignity in the social and economic system, rather than eliminating their social status.
