The Case for Legalizing Prostitution

Prostitution, often referred to as the "world's oldest profession," has been a contentious issue across societies and legal systems globally. The issue of the legalization of prostitution entails many socioeconomic, health, and human rights implications. This research paper aims to offer a clear and logical perspective as to why prostitution should be legalized, coupled with reference to related literature. This paper has claimed that the legalization and regulation of prostitution should be brought into focus as the most straightforward and efficient solution to continue the fight against human trafficking, explore the socioeconomic benefits of legalizing prostitution as well as the resultant protection of the health and safety of sex workers and other citizens, and respect the rights of the vulnerable group while fighting for their rights the same way other citizens.

Impact on Human Trafficking

Does Legalized Prostitution Increase Human Trafficking?

One of the most frequently cited concerns in the debate over legalizing prostitution is its potential impact on human trafficking. Due to such duality, socioeconomic relations have been the focal area of study for many scholars. As pointed out by other scholars such as Cho, Dreher, and Neumayer (2013), there are consequences of legalizing prostitution, some of which include immediate constraints. In their World Development article, Swensson et al. reveal that legalizing prostitution decreases demand for trafficked women through increasing competition and enhancing the legal sex workers' conditions. This economic effect, known as the substitution effect, postulates that clients run to legal, commercial sex workers because they are safe and legal (Cho et al., 2013). However, at the same time, the study also shows that if there are no regulations and government controls, including police, legal prostitution sites turn into masks, behind which there are a significant number of cases of human trafficking. Therefore, legalization can reduce trafficking by enhancing the probability of identification of illegitimate practices and improving working conditions. However, legalization requires the appropriate frameworks to minimize the likelihood of trafficking taking advantage of the legal structure.

Lessons from Tourism and Hospitality Research

The intersection of tourism and prostitution provides additional insights into the potential benefits of legalization. Wen et al. (2020) systematically reviewed sex trafficking in the TT&TH literature. They found that clandestine and unlicensed prostitution has a direct link with trafficking in persons, particularly in regions with growing tourist activities and high demand (Wen et al., 2020). Looking at the case, the researchers also claim that by legalizing and regulating the services offered by the practitioners, authorities will have a better chance to control and eliminate the areas where traffickers can prey on vulnerable groups. Legalized prostitution, where authorities implement and enforce health and safety measures, serves the purpose of reducing the demand for the services of a trafficker as the industry is higher risk and hence less profitable for illicit parties and or persons as compared to legal ones for service providers, workers, and clients.

Socioeconomic and Health Benefits

Legal Frameworks and Economic Outcomes

The economic implications of legalizing prostitution are significant and multifaceted. The legalization of prostitution transforms a secretive, unlawful vocation that is frowned upon into a legal, commercial industry that boosts national revenues through taxes and employment. Rigotti (2021) analyzes the issues of the current policies on prostitution in the EU and points out that stigmatizing laws do not solve the problem of the market and financial imperatives of sex workers (Rigotti, 2021). Legalization will help regulate prostitution so that sex workers are protected under the laws of the land, are paid fairly, and work in a safe atmosphere. When associated with the state, the government can regulate the flow of funds generated from the sale of sexual services and utilize it to create and support organs such as the health and social services departments for the provision of social amenities to specifically sex workers. Besides, they called for legalization to decrease the fiscal cost of the criminal justice system by moving from prosecution to regulation and offering necessary aid.

Health and Safety Improvements

Legalizing prostitution also has profound implications for the health and safety of sex workers. Writing about the effects of the scenario, Waltman (2011) does an excellent job of detailing the problems with Sweden's prohibition of the purchase of sex, pointing out that the move worsens the situation affecting sex workers in some ways by posing more dangerous risks. On the other hand, legalization brings about benefits whereby sex workers practice their careers, undergo check-ups, and have documented legal rights against abuse and neglect at hospitals. Because sex work can be in the open, health authorities can put measures in place to lessen the transmission of STIs and ensure that clients and sex workers get their health needs met as required. Also, under the legalization of prostitution, sex workers should be given the same protective measures as any other profession, thereby significantly minimizing the rates of workplace danger and boosting the general health of the workers.

Human Rights Perspective

Legalization as a Human Rights Issue

From a human rights perspective, the criminalization of prostitution exacerbates the marginalization and exploitation of sex workers, denying them fundamental rights and protections afforded to other workers. Cho, Dreher, and Neumayer (2013) point out that legalization might protect sex workers' rights, regulate their work as actual employment, and entitle them to legal reparation in case of abuse and exploitation (Cho et al., 2013). Such laws contribute to making the lives of sex workers even more deteriorated, so that they can easily be exposed to dangers, discrimination, and unhygienic environments. Whereas legalization recognizes the worth and entitlements of sex workers, focusing on their justice, social, and labor rights. Thus, understanding sex work as the labor profession that it is could help society progress towards using appropriate terminology and providing just treatment to such workers.

Feminist Perspectives on Legalization

The feminist discourse on prostitution is divided, with some factions advocating for abolition and others for legalization. Rigotti (2021) gives a complex look into modern prostitution policies with a focus on the feminist approach and its advantages, like legalization as a tool that can help women to become self-sufficient as they are provided control over their bodies and the work they perform (Rigotti, 2021). It shifts the focus from how they are exploited to how they can empower themselves, almost eliminating the 'nil' choices they supposedly have. Legalization corresponds with other objectives of the feminist movement concerning equality and rights for every woman, as many sex workers enter the profession for various reasons, including financial ones, to gain independence. In this regard, legalizing and regulating prostitution, the critics of culture as the cause, cannot give Anita a better chance at protecting and ensuring the safety of those involved in sex work while at the same emphasizing the dignity and rights of these ladies.

Conclusion

In conclusion, the legalization of prostitution presents a compelling case from multiple perspectives. Research has shown that when implemented correctly, it will decrease human trafficking, increase SWs' quality of life and socioeconomic and health status, and conform to human rights standards. The systematic review of the studies concludes that, although there are challenges, especially in the implementation and enforcement, the advantages accruing from a legal and moderated commercial sex delicate outweigh the demerits. The process of legalization is more realistic and friendly in comparison with the problem of prostitution, which gives rights, protection, and chances to everyone who wants to be a sex worker. Authorities should take into account all the arguments in favor of legalization, as the problems concerning sex workers and all other people in this sphere need to become less threatening and bring more justice and equality into society.

Reference list

Cho, S.-Y., Dreher, A., and Neumayer, E. (2013). Does Legalized Prostitution Increase Human Trafficking? World Development, [online] 41(1), pp.67–82. doi:https://doi.org/10.1016/j.worlddev.2012.05.023.

Rigotti, C., 2021, May. When the law meets feminism: The shortcomings of contemporary prostitution policies across the European Union. In Women's Studies International Forum (Vol. 86, p. 102467). Pergamon. https://www.sciencedirect.com/science/article/abs/pii/S0277539521000315

Waltman, M., 2011, September. Sweden's prohibition of the purchase of sex: The law's reasons, impact, and potential. In Women's Studies International Forum (Vol. 34, No. 5, pp. 449-474). Pergamon. https://www.sciencedirect.com/science/article/abs/pii/S0277539511001063

Wen, J., Klarin, A., Goh, E., and Aston, J. (2020). A systematic review of the sex trafficking-related literature: Lessons for tourism and hospitality research. Journal of Hospitality and Tourism Management, 45, pp.370–376. doi:https://doi.org/10.1016/j.jhtm.2020.06.001.