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 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.
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 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.
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.
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.
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.
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.
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.
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.
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.
In this article, the author makes the case that the state's proposals for addressing trafficking enable the state to posit itself as responsible for protecting "Canadians" while carefully avoiding any responsibility for the well-being of women who are trafficked; demonize smugglers as the cause of trafficking; and override the concerns and interests of women who are trafficked by making deportation the only "solution" to their presence in Canada.
This article details the passage and possible use of the Trafficking Victims Protection Act (TVPA), passed in the fall of 2000 in the United States of America. Unlike previous legislation, which tended to focus exclusively on the sex industry, the Act’s definition of trafficking has a wider scope, and also includes workers in sweatshops and other types of Employment. You can download this 42 page PDF resource above. This resource is in English
The Trafficking Victims Protection Act of 2000 has been presented as an important tool in combatting the exploitation and abuse of undocumented workers, especially those forced into prostitution. Through a close reading of the legislation and the debates surrounding its passage, this article argues that the law makes strategic use of anxieties over sexuality, gender, and immigration to further curtail migration.
This article explores the implications of an amendment to H.R. 1298, the United States Leadership Against HIV/AIDs, Tuberculosis, and Malaria Act, seeks to deny U.S. funding to organizations that do not have a policy explicitly opposing prostitution.
This memorandum analyses the constitutionality of the federal government’s requirement that international relief organisations adopt policies explicitly opposing prostitution and sex trafficking if they wish to participate in federally-funded programmes designed to combat the worldwide spread of HIV/AIDS. We conclude that the First Amendment bars Congress from requiring relief organisations based in the United States to adopt a specific policy position opposing prostitution as a condition of participating in federally-funded programmes delivering HIV/AIDS prevention, treatment and related social services.