Prostitution does not fit the description that some would ascribe to it: that is to say that it is a freely-chosen trade or profession like any other. We defy anyone to find a young girl anywhere in the world who when asked what she would like to be when she grows up, would answer that she would like to be a prostitute, or as some would have them called, a sex worker.
Most women involved in prostitution, locally or overseas, have a story to recount which many times involves a troubled family history and sometimes even coercion, blackmail, violence, and possibly the horrendous experience of having been trafficked. We perfectly agree with what fellow lawyer Lara Dimitrijevic wrote (August 7) that no one enters into prostitution voluntarily and that such exploitation is a form of human trafficking.
In its resolution passed on February 26, 2014, the European Parliament said that “prostitution and forced prostitution are forms of slavery incompatible with human dignity and fundamental human rights”.
It is instructive to read Resolution 1983 (2014) issued by the Parliamentary Assembly of the Council of Europe. According to this resolution, human trafficking affects anywhere between 70,000 and 140,000 people in Europe every year and yields the traffickers over €2 billion a year. Furthermore, it is estimated that over four-fifths of victims of human trafficking end up in prostitution, hence the link between human trafficking and prostitution.
This resolution looks admiringly at the model adopted by Nordic countries which is built around the criminalisation of demand for sexual services, that is to say, the criminalisation of the client. This is opposed to the traditional model of criminalising supply. Although the traditional model is underpinned by admirable moral goals, its effectiveness in protecting women of all ages is far inferior to that of the Nordic model.
Among the measures recommended by Resolution 1983 (2014), one finds the creation of counselling centres which provide prostitutes with assistance related to health and legal matters. Women need a way out of prostitution through extensive rehabilitation, education, training and support relating to obtaining respectable housing, amongst other things.
According to Swedish expert Gunilla Ekberg, Sweden’s Sex Purchase Act of 1999 recognised that the prostitution industry could not grow if one removed the demand. Sweden saw that the most effective way of restoring dignity to victims of sexual exploitation was to criminalise men’s demand for it.
The legalisation and regulation of prostitution, amounts to legalising the exploitation of women who more often than not, are already in vulnerable situations
The impact of this law was considerable. The number of women involved in prostitution dropped from 2,500 in 1998 to 1,500 in 2003. Perhaps the most telling revelation of the law’s effectiveness came from Sweden’s National Criminal Investigation Department which had received indications that Sweden was no longer considered an attractive target for traffickers. Moreover, intercepted telephone conversations showed that Sweden’s prostitution market was considered more risky and less profitable by would-be wrongdoers. This emerges from a 2014 report of the Committee on Equality and Non-Discrimination within the Council of Europe’s Parliamentary Assembly.
By means of Act III of 2002, Malta amended its Criminal Code to properly deal with human trafficking. Specifically, through article 248F (2), Malta criminalised complicity in human trafficking for various purposes, including for forced labour, prostitution, removal of human organs and trafficking of minors for the same purposes. Although this was an excellent start, it is not enough.
In 2009, Norway followed its Scandinavian neighbour’s example and enacted a similar law. The Norwegian government’s rationale was similar. Through the new law, Norway wanted to change its people’s approach to prostitution, shrink the market by restricting supply and demand, and dissuade women from becoming involved in prostitution while at the same time facilitating the exit from prostitution.
The Norwegian organisation Pro Sentret estimated by means of field observations that within five years of the enactment of the law, the prostitution market in Oslo had shrunk by at least one third. Due to the fact that prostitution was more visible in Oslo than it was elsewhere in the country, within just two years of the enactment of the law, young people in Oslo were found to have significantly more negative attitudes towards the notion of buying the services of prostitutes.
A summary of the Swedish law and its effects on Swedish society was drawn up by Maria Ahlin of the organisation Freethem, which organisation aims to help combat human trafficking. According to Ahlin, Sweden’s National Criminal Police have said that the ban on the purchase of sexual services renders Sweden far less attractive to human traffickers and procurers than countries which do not have similar laws.
Police officers and social workers reported that as a result of the ban, demand decreased and potential purchasers became far more cautious. However, it transpired that far from being worried about potential legal consequences, potential purchasers were worried that relatives and friends would get to know that they would have tried to purchase sexual services.
This in itself shows that although the legal consequences may not be adequately harsh, the ban did have the effect of galvanising public opinion against the purchase of sexual services. Some of those who participated in a 2008 survey in Sweden stated that the ban had affected their actions to the effect that they no longer purchased sexual services, hence highlighting the ban’s deterring effect.
Ahlin concluded that the ban was the result of realisation that more often than not, prostitutes are themselves victims. In view of this, it would be rather illogical to punish the victim. By purchasing sexual services, the purchaser could well be participating in and facilitating the perpetuation of situations in which women are stripped of their dignity. The contrary approach, which is the legalisation and regulation of prostitution, amounts to legalising the exploitation of women who more often than not, are already in vulnerable situations.
In Malta, the Women’s Rights Foundation also emerged in support of the Nordic model. We applaud their support for the Nordic model and agree that this model appears to offer those women involved in prostitution the best chance out of the tangled web of exploitation in which they find themselves. Dimitrijevic was entirely correct to state: “Women in prostitution are not just a figure. They are human beings and we need to ensure that they can access justice.”
Women’s dignity, both in Malta and elsewhere, requires first of all that robust structures be put in place to incentivise prostitutes to abandon prostitution. Such robust structures should include access to justice, access to healthcare services, access to further education, skills training and extensive rehabilitation.
In addition, far-reaching investigations should be set in motion in order to eliminate criminal enterprises which profit from prostitution and the trafficking of women. Only then can women’s dignity be properly safeguarded.
Ramon Bonett Sladden and Sara Portelli are lawyers.