Introduction
The attitudes toward prostitution and the related activities have been changing and have experienced a major shift over the past several decades, the specified change has been essential in determining the legality of prostitution, as well as its overall perception and the status that the specified concept ha in the eyes of the general public. As a result, the phenomenon of prostitution has gained certain characteristics of work from legal and social perspectives (Seidman 255). However, currently, the subject matter is still quite far from work, both in the legal and traditional senses. Thus, the idea of sex work as a right should be discussed.
Argument 1
Although the notion of prostitution has been viewed as a semblance of work for decades, prostitution remains illegal in its nature. Namely, the fact that selling one’s body and the control over it cannot be consensual needs to be addressed as the main argument in favor of rejecting the idea. In addition, the nature of the so-called sex work and its relation to the concept of work as a whole needs to be mentioned. On closer scrutiny, one will realize that the very notion of selling one’s body and the autonomy over it, even for a short period of time, as well as subjecting oneself to multiple threats of violence, including the possibility of being murdered, cannot be viewed as comparable to any type of work. Instead, it clearly represents drastic violation of people’s basic human rights, such as the right to live and the right for bodily autonomy and integrity. Seidman explains that the attitude toward prostitution is twofold: “society stigmatizes and criminalizes it but still tolerates it” (256). The described issues make it impossible to entertain the possibility of the so-called sex work being actually related to work.
Argument 2
Moreover, when engaging in prostitution, women are particularly vulnerable to physical assault and even murder. In response to the specified threat, several states have introduced protection against prostitution for women and vulnerable groups. As Seidman explains, “the vast majority of sex workers are women” (257). The specified nuance does not allow recognizing prostitution as work and, therefore, negates the very concept of sex work. Consequently, the right to engage in the specified activity does not seem to make sense, hence the lack of necessity in introducing it.
Argument 3
Furthermore, by establishing the right for sex work on a legal basis, one will open an array of threats to vulnerable women, including underage ones, creating numerous opportunities for sex traffickers to involve the specified demographic in prostitution. The idea of the right for sex work implies that one can make a definitive choice of whether they want to participate in the sex industry or not, whereas those that are actually involved in sex trafficking are unlikely to have chosen it for themselves. Thus, rebranding prostitution as sex work implies a certain degree of privilege, which vulnerable groups that are particularly prone to being involved in sex trafficking do not possess.
Counterargument
One could argue that for women living in comparatively good conditions and belonging to the middle or even higher class, the risks faced in the se industry are much lower. Indeed, the presence of several important resources and, possibly, a support system makes the described type of women less vulnerable to the phenomenon in question. However, on closer analysis, one will realize that, by defining involvement in sex trafficking and prostitution as a right, one will inevitably face difficulty in threading the line between consenting to and being forced into prostitution: “Opponents of decriminalization say it’s an exploitative industry that preys on the weak” (Garsd). Indeed, the very idea of engaging in a sexual act for ostensible financial profit does not imply the presence of consent; if anything, it negates it.
Therefore, the idea of the right to sex work should be perceived as an incongruence stemming from the misconception that prostitution can be equated to work. While, from a financial perspective the specified assumption could be seen as moderately valid, the introduction of the ethical and sociocultural perspective into the definition of sex work will prove that the notion in question has nothing to do with work. While Garsd advocates for lifting the ban on sex work, she also admits that “The debate about sex work always gets linked to trafficking — people who get forced into it against their will” (Garsd). Given the fact that women involved in prostitution are in an imminent danger of being killed, as well as the fact that prostitution remains, in its essence, rape, it can never be deemed as work, hence the impossibility of interpreting sex work as a human right. Therefore, instead of legalizing prostitution, it is necessary to view people performing it as victims and increase the availability of employment options for them. Siedman argues that “some of us also choose to pursue sexual pleasure in more casual, consensual relationships” (258). However, even though it is time to stop condemning sexual expression, prostitution does not imply that the person providing the pleasure receives it or that it is fully consensual. Instead, if prostitution is legalized, its participants become parties in a contract, in which a prostitute, typically a woman, loses autonomy over her own body and puts herself in a potential danger of being physically abused.
Conclusion
At the same time, it is crucial to keep in mind that the current stigmatization of sex work leads to major repercussions for women involved in sex trafficking. Namely, the threat of being imprisoned for sex work causes massive damage to the victims of sex trafficking, thus perpetuating the cycle of their suffering. For this reason, the concept of sex work needs to be abolished, whereas the process of freeing people involved in prostitution has to be launched. By educating people about the harm that prostitution causes and pointing to the fact that people involved in it are victims, change can be brought effectively. As a result, fewer people will be threatened to be forced into prostitution, whereas those that have been affected by it will receive support instead of being shunned by their communities.
Work Cited
Seidman, Steven. The Social Construction of Sexuality. 3rd ed., Routledge, 2014.