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.
Resources
- 48 results found
- (-) North America and the Caribbean
- (-) Legislation and Policy
This NSWP Briefing Note provides information about the United States’ recent legislation - The Stop Enabling Sex Traffickers Act (SESTA) and Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) -that criminalise online platforms used by sex workers for advertising and information sharing, including for safety purposes. The resource provides details on FOSTA/SESTA and the 'End Banking for Human Traffickers Act', which aims to ‘prevent financial transactions involving the proceeds of severe forms of trafficking'.
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.
NSWP member Stella produced 9 fact sheets for sex workers in Canada. The fact sheets provide important information about the changes to Canadian law (the Protection of Communities and Exploited Persons Act, 2014) that criminalise sex workers, clients, and third parties. The fact sheets offer practical tools for sex workers and explain how the new laws negatively impact sex workers.
NSWP, the Global Network of Sex Work Projects, emphatically condemns the actions of the USA’s Department of Homeland Security and federal prosecutors in New York for the raid on the offices of Rentboy.com and the arrests of seven of its staff members.
The UK Network of Sex Work Projects, with women, men and transgender people working in the UK sex industry, developed this booklet on Safety Advice for Sex Workers in the UK. This booklet provides general and detailed safety advice for sex workers in different situations and different work places. It also includes information on ways to report bad clients and contact information for local sex worker projects in the UK.
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 sex worker-led observational report on the first year of the court project
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.
In December 2013, the Supreme Court of Canada unanimously decided that several parts of Canada’s Criminal Code dealing with prostitution are unconstitutional because they violate the rights of sex workers by undermining their health and safety. The Supreme Court decided that its ruling would take effect in one year’s time, at which point those unconstitutional parts of the law would no longer be in force.
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.
This leaflet for the 2nd Annual Red Umbrella March in Vancouver has been produced by an NSWP member.
You can download this 2 page document above. This resource is in English.
On December 20, 2013, the Supreme Court of Canada rendered a landmark decision that substantially reshaped Canada’s legal framework regarding adult sex work. The case of Bedford v. Canada resulted in the striking down of three provisions of the Criminal Code: the communication, bawdy-house and living on the avails laws. The Court found that these three provisions violate section 7 of the Charter of Rights and Freedoms (the “Charter”) given their negative impact on sex workers’ security of the person.
This resource looks at the Canadian legal system and hierarchy of laws from the perspective of launching a court case to protect the rights of sex workers. It discusses the Canadian law and sex workers' rights, the Charter of Rights and Freedoms, limits to the Charter, and how to challenge unconstitutional laws.
This concise, Canadian resource looks at why we need prostitution law reform, what the decriminalisation of sex work is, how decriminalisation happens, decriminalisation through the court system, and how to support sex workers in law reform. It notes, "decriminalisation alone cannot overcome all of the other injustices that many of us face, but it is a necessary step to protecting and respecting sex workers' rights".
This resource offers a succinct introduction to the Bedford v. Canada Supreme Court case. Bedford v. Canada challenges three anti-sex work laws in Canada which prevent sex workers from engaging in safety measures that would make their work safer. The appellants in the care are challenging the constitutionality of the communicating, brothel keeping, and living off the avails provisions in the Criminal Code of Canada. They say these laws violate their right to Life, Liberty, and Security of the Person as guaranteed in the Canadian Charter of Rights and Freedoms.
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".
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.
This concise guide to the difference between sex work and trafficking - and what a response to trafficking grounded in sex worker rights looks like - discusses the key differences between sex work and trafficking; the differences that make the habitual conflation of the two not only inaccurate but also a hinderance to tackling actual exploitation, and a threat to the human rights of sex workers.
Sex Workers Project at the Urban Justice Center - Shadow CEDAW report submitted to the 39th Session of CEDAW in 2007.
You can download this 13 page PDF report above.
This resource is in English.