Friday, December 9, 2016

Legalizing prostitution as a method to reduce human trafficking

Post by Brianna Arnold 

 In 2013 the US State Department estimated that there are 27 million victims worldwide trafficked for forced labor or commercial sex exploitation. In addition to this, in 2011 the Department of Justice estimated that of approximately 2,500 federal trafficking cases from 2008-2010, 82% concerned sex trafficking.[1] These numbers are concerning, but what is even more concerning is the disparity between the estimated number of cases worldwide and the number of federal trafficking cases being investigated. With the US being a destination for sex trafficking it would be assumed more of these instances are being investigated. Based on these numbers, sex trafficking is clearly a serious problem globally. Along with being a moral problem, it also a security problem for the victims and the nations involved.
Human trafficking is a human security problem for the victims who are being trafficked and it is a national security problem for the nations where victims are being brought. Victims are mistreated and kept in poor living conditions, often with limited access to food, water, sanitation, healthcare, and education. Nations where victims are brought also face a national security problem when it comes to public health and immigration. Attempting to reduce the occurrence of human trafficking is a very necessary step, however, much of the evidence shows that legalizing prostitution is not the method to do so.
When it comes to the discussion of legalizing prostitution for the purpose of reducing the amount of sex trafficking, the connection seems a bit weak. For example, if the United States passed a federal law making prostitution legal in all states, that would mean that people living in the United States who want to pursue a job in prostitution, are then free to do so. However, research finds that in countries with legalized prostitution there is actually more instances of human trafficking.[2] Studies involving Sweden, Denmark, and Germany show that trafficking decreases with criminalization of prostitution and increases with legalization. If a country wants to legalize prostitution for the simple fact of individual liberty to allow people to be prostitutes if they choose to be one, then that is a different discussion from legalizing prostitution for the purpose of reducing human trafficking.
This being said, there is one very strong drawback to criminalizing prostitution. In cases where prostitution is criminalized and someone is caught, the individual penalized is the prostitute. This is an issue when it comes to human trafficking. Most data would suggest that many prostitutes are not in the industry by choice. This means there is another individual forcing them to perform in this manner and that person is not being penalized. If a country criminalizes prostitution there needs to be investigations into cases that are discovered to see if there is an element of sex trafficking involved. Lastly, legalizing prostitution does have a benefit for members of the industry who legitimately have chosen to be involved in the industry. There is a line of thought that criminalizing prostitution, especially in the United States could bring about Constitutional issues.
In conclusion, there clearly needs to be steps taken to combat the global issue of human trafficking. However, it is not clear if legalizing prostitution would help the security problems surrounding this issue. It would have to be legalized with stipulations around penalties for those caught, especially in cases of forced prostitution.



[1] “Does Legalized Prostitution Increase Human Trafficking?” Harvard Law School. June 12, 2014. https://orgs.law.harvard.edu/lids/2014/06/12/does-legalized-prostitution-increase-human-trafficking/.
[2] Ibid.

4 comments:

  1. I agree that this is a human security issue, and a national security to the ones who are being brought into the countries. I also agree that theres not much you can do to stop the spread of sex trafficking in these countries, but it is important to at least make it known as an international issue, and hopefully let these countries know that this is morally wrong.

    Chirusha de Mel

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  2. This is an argument I agree with. Legalizing prostitution sounds counter-productive. I like how you included evidence from Sweden, Germany, and Denmark to enhance your argument.

    Anthony Coppola

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  3. I think your discussion on the legalization of prostitution is very interesting. I am curious what your opinion is on the matter in terms of whether or not it would reduce human trafficking and how the enforcement of a policy that punishes those who have prostitutes illegally would go about. I think in many cases the prostitutes would be scared to speak out against the individual forcing them to perform or engage in these acts and therefore think this would be a difficult thing to assess, however I do agree it should be necessary if prostitution were to be legalized.

    Post by Hedvig Blanco

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  4. I found your argument interesting. I liked how you used statistics in the beginning to give more context on the issue. I would have liked to see more depth on how criminalizing prostitution would be in violation of the Constitution. I do not know for certain, but I do not think criminalizing prostitution is breaking the Constitution, because it is a service essentially. It is similar to saying that legalizing marijuana is in violation of the constitution. There is no argument there. But, I would have loved to see what those people would have had to say.

    -Dom Dellamano

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