The Legal Framework for Prostitution: A Comparative Analysis of National and International Approaches

Author – Shashank Shekhar, SVKM’S NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES

Best Citation – Shashank Shekhar, The Legal Framework for Prostitution: A Comparative Analysis of National and International Approaches, LEX IS US LAW JOURNAL, 2 (1) of 2023, Pg. 54-64, ISBN – 978-81-960384-0-3.

ABSTRACT

This comparative analysis explores the legal frameworks for prostitution in various countries and at the international level. Prostitution is a complex and controversial issue that raises questions about morality, public health, human rights, and gender equality. The study examines the different legal approaches to prostitution, including criminalization, legalization, and decriminalization, and their impact on sex workers, clients, and society as a whole.

The analysis finds that there is significant variation in the legal frameworks for prostitution across different countries and regions. Some countries, such as Sweden and Norway, have adopted the “Nordic model” of criminalizing the purchase of sex while decriminalizing the selling of sex, whereas others, such as Germany and the Netherlands, have legalized or regulated prostitution. The study also examines the international legal framework for prostitution, including the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

The analysis highlights the challenges and limitations of the different legal approaches to prostitution. Criminalization can drive prostitution underground, increase stigma and discrimination against sex workers, and make them more vulnerable to violence and exploitation. Legalization and regulation can provide some protections for sex workers and improve their working conditions but can also lead to the normalization of prostitution and the commodification of women’s bodies. Decriminalization can offer the most protection and empowerment for sex workers, but it may also lead to increased demand and exploitation.

In conclusion, the study underscores the need for a comprehensive and human rights-based approach to prostitution that prioritizes the health, safety, and agency of sex workers and addresses the root causes of prostitution, including poverty, gender inequality, and discrimination.

Keywords: Prostitution, Criminalization and Decriminalization, Human Rights