Resources

Yale Global Health Justice Partnership (GHJP) has released two complementary analyses on prostitution “diversion” programs (PDPs) in the USA: Diversion from Justice: 'A Rights-Based Analysis of Local ‘Prostitution Diversion Programs’ and their Impacts on People in the Sex Sector in the United States'; and 'Un-Meetable Promises: Rhetoric and Reality in New York City’s Human Trafficking Intervention Courts'. One is national in scope and the other focused specifically on New York City programming.

This large, Canadian research explores the perceived control and power within interactions between sex workers and their clients. Sex workers and clients report that most of their interactions are free of conflict and are characterised by relatively symmetrical dynamics of control and power. The ability to negotiate over the terms and conditions of the commercial sexual services offered and sought before meeting in person is linked to workers feeling more control over condom use and feeling more empowered compared to those whose first encounter with clients is face-to-face. This ability to clearly advertise services allows workers to more explicitly state what is and is not being offered so that there is less confusion over expectations, something  that most clients appear to appreciate  and desire for themselves.

This article discusses sex worker organising in the United States. It's full title is 'United States Organising: It Is Not Okay to De-Legitimise Sex Work Under Guise of Trafficking and End Demand'. It was written by Cris Sardina of the Desiree Alliance, Penelope Saunders of the Best Practices Policy Project (BPPP) and others from local communities in the US. The article was published as part of Research for Sex Work 14: Sex Work is Work. Contents include:

In 2013, the Human Trafficking Intervention Courts (HTICs) were launched in New York. These courts were the USA's first statewide human trafficking intervention within a justice system. This research explores the impact of these courts through studying 364 cases in 2013 and 2014. It concludes that the HTICS do not respect the human rights of the people they process and distort the line between consent and coercion. This makes it more difficult for people who are victimised – by clients, ‘pimps’, police, and courts – to seek justice.

This study gives a legal analysis of the legislative framework and jurisprudence relating to human trafficking in Canada. It also analyses the views of both criminal justice system personnel and SWAN society personnel on the enforcement and use of anti-trafficking legal measures. Contents include:

 A “working paper” prepared as background to Building on the Evidence: An International Symposium on the Sex Industry in Canada

This paper is a result of a research programme in Canada’s sex industry: workers and their intimate partners, managers and clients.

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On June 4th, 2014 Justice Minister Peter MacKay introduced Bill C-36, the Protection of Communities and Exploited Persons Act. The draft legislation proposes a legal frameworkthat criminalises communication in public for the purpose of prostitution, the purchase ofsexual services, material benefit, and the advertisement of sexual services.

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This resource commences by quoting Ronald Weitzer, who notes "the management of prostitution is one of the most invisible aspects of the trade". It goes on to discuss common prohibitionist discourse around sex work, that situates all possible study on the topic on a continuum between deviance and violence, before highlighting that this limited binary is "diametrically opposed to much of the scholarly literature, and, more importantly, to what sex workers are asserting - namely, that sex work is work".

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The article examines how language helps the construction of fictive kinships networks (family-like structures among marginalized populations) amongst Southwestern U.S. street-level sex workers. These networks establish ties and obligations - as well as power structures - between members of the community.

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This article offers a historical account and critical assessment of the prostitution-reform debates’ considerable influence on anti-trafficking law and policy development over the last decade. The article exposes the difficulties of translating anti-prostitution ideology, borne out of closely held moral and ethical beliefs, into effective governance strategies.

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Emi Koyama draws out links in rhetoric and tactics between the war on terror and the war on trafficking. She addresses three key myths of the anti-trafficking movement. Koyama demonstrates the extent to which the ceaseless propogation of these myths constitutes a "wilfull ignorance of reality" best understood as a "tacit conspiracy between the promoters of misinformation and its recipients". She locates this "tacit conspiracy" in a preference for the simple fears of scary "bad people" over the more complex, structural fears of "poverty, racism, sexism, neoliberalistic global capitalism, and its assault on the public safety net, homophobia, transphobia, and unjust immigration laws".

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The Challenge of Change is a collaborative report of the Standing Committe on Justice and Human Rights and the Subcommittee on Solicitation Laws in Canada.

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Ownership, Control, Access, and Possession (OCAP) or Self-Determination Applied to Research: A Critical Analysis of Contemporary First Nations Research and Some Options for First Nations Communities

The principles of ownership, control, access and possession (OCAP) crystalise themes long advocated by First Nations in Canada. Coined by the Steering Committee of the First Nations Regional Longitudinal Health Survey, the principles are discussed as an expression of self-determination in research. The key notions outlined in this paper relate to the collective ownership of group information; First Nations control over research and information; First Nations’ management of access to their data and physical possession of the data.

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The Canadian state undertook a major restructuring of the immigration and refugee programme in the 1990s, committing itself to creating a new immigration act as part of this process. Trafficking is one major issue that the new act would concern itself with.

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This is the judgement of the Ontario Court of Appeal staying the ruling (pursuant to appeal) of Justice Susan Himel in the case Bedford v Canada, where the following sections of the Code were struck down: the common bawdy-house provisions, the living on the avails of adult prostitution offence, and the communication for the purpose of prostitution offence.

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This report presents the expert opinions of sex workers and their experiences working within the current legal framework. The affidavits highlight many ways in which Canada’s sex trade laws worsen the already harmful conditions under which sex workers live, add to the stigma of their employment and social position, and support the inference that sex workers are less worthy of value than other members of society. Given this evidence, it is argued that the laws violate the expression, liberty, security and equality provisions of the Charter of Rights and Freedoms. It is found that these violations cannot be justified in a free and democratic society. This report also puts forward recommendations for law reform in Canada.

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This report is the beginning of an important social dialogue about the role that the law will play in governing the sex industry in Canada. Pivot has argued that criminal law reform is the first step towards a shift from the status quo, where sex workers are subject to extreme levels of violence and social marginalisation, to a society where sex workers are empowered to create safe and dignified working conditions. Criminal law reform will be most effectively carried out if all levels of government consider the findings of this research and contemplate how areas of law that fall within their jurisdiction will play a role in creating a safe and legitimate sex industry.

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This paper addresses the persistence of violence against female commercial sex workers in the United States, drawing on the experiences of the Best Practices Policy Project in conducting outreach, research, and relationship building with diverse commercial sex worker stakeholders.

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Letter to the U. S. Department of State. This letter, signed by nine researchers from around the globe and addressed to Ambassador John Miller, provides a response to the facts listed in the Department of State's Fact Sheet on Prostitution and Trafficking, released in 2004. In this letter, the signatories discuss the problems with the fact sheet and it's conclusions,

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