Unfinished Decriminalization: The Impact of Section 19 of the Prostitution Reform Act 2003 on Migrant Sex Workers’ Rights and Lives in Aotearoa New Zealand

Bennachie, Calum; Lee, Jenny; Pickering, Annah; Macioti, P. G.; Mai, Nicola; Fehrenbacher, Anne E.; Giametta, Calogero; Hoefinger, Heidi; Musto, Jennifer

doi:10.3390/socsci10050179

Cited by 9 publications

(4 citation statements)

References 16 publications

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“…The broader findings of the SEXHUM project showed how within sex workers' communities, often those most oppressed are being overlooked, or generally they are a lesser concern of research (Bennachie et al 2021). Our analysis of the development and impact of the Covid-19 pandemic on the lives and rights of migrant sex workers in France demonstrates that the more racialised barriers there are for people to access citizenship, labour rights and social protection, the less protected they are from abuse and exploitation as well as from poverty and ill-health, effects which are further amplified in times of crisis.…”

Section: Discussionmentioning

confidence: 99%

Racial Profiling and The Larger Impact of Covid-19 on Migrant Sex Workers in France

Giametta¹,

Riquet-Bons²,

Macioti³

et al. 2022

IJGSL

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In this article we will discuss the first Coronavirus (Covid-19) lockdown and its immediate aftermath on the lives of migrant sex workers living and working in France, drawing on original interviews gathered between May and July 2020. Since 2016 in France, sex workers have worked under the so-called Swedish model legal framework criminalising the demand of sexual services. This has meant that sex workers, both migrant and non-migrant, have had to find various strategies to continue working within a criminalised environment infringing upon their rights and safety. Research in the French context has largely shown that the introduction of the Swedish model increased the financial precarity and impacted in significant, detrimental ways the physical and mental health of sex workers (Le Bail & Giametta 2018). In the context of the existing hardship to which migrant sex workers were exposed under this repressive regime in France, this article investigates if and how the law enforcement and emergency measures around the Covid-19 crisis aggravated their already precarious living conditions. Our analysis here demonstrates that both institutional racism (e.g., government policies and law enforcement targeting racialized migrants) and interpersonal stigmatisation (e.g., poor treatment and stereotyping by clients and civil society) must be combated to reduce the discrimination against migrant sex workers that is amplified in times of crisis.

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Section: Discussionmentioning

confidence: 99%

Racial Profiling and The Larger Impact of Covid-19 on Migrant Sex Workers in France

Giametta¹,

Riquet-Bons²,

Macioti³

et al. 2022

IJGSL

Self Cite

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“…Nonetheless, there is accumulated evidence that when criminalized, sex workers are unable to seek redress for violence and abuse, including by police [23]. They may actively seek to avoid contact with authorities, including health services and the desire to remain hidden also limits sex workers’ ability to negotiate with clients who may threaten them with violence or legal repercussion [24].…”

Section: Selling Sex and Hiv Riskmentioning

confidence: 99%

HIV prevention in individuals engaged in sex work

Busza

Matambanadzo

Phiri³

et al. 2022

Current Opinion in Infectious Diseases

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Purpose of reviewPeople who sell sex remain at disproportionate risk of acquiring HIV and should be prioritized for evidencebased HIV prevention programmes delivered at sufficient scale and intensity for effectiveness. Although new biomedical tools are becoming available, many basic lessons learned early in the HIV pandemic remain salient today and need renewed attention. Recent findingsNew preexposure prophylaxis formulations, distribution systems, and delivery mechanisms are being successfully trialled and implemented, adding to well established prevention tools such as male and female condoms and lubricants. The importance of social support networks and community ownership of programmes has been consistently reaffirmed. Serious challenges remain in optimizing HIV prevention for sex workers, including providing services at the scale and intensity necessary for population level impact, addressing culturally sensitive issues of gender identity and sexual orientation, and protecting adolescents and young people who may sell sex. Pervasive social stigma, often reinforced by criminalization and police harassment, further constrain sex workers access to available services and prevention tools. SummaryMeaningful community engagement and addressing the multiple social determinants of vulnerability at individual, community, and structural levels remain at the core of preventing HIV among people involved in selling sex.

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“…The country which is a reference when it comes to decriminalising sex work is New Zealand. Although the New Zealand case has more recently come to be defined as "partial decriminalisation" (Macioti et al, 2022): The 2003 Prostitution Reform Act that decriminalised sex work for New Zealand citizens and permanent residents excluded migrants from its protection, and migrants can be deported if found working as sex workers (Bennachie et al, 2021). In Belgium, since 2022, prostitution has been decriminalised, becoming the first country in the EU and Europe to do so.…”

Section: Introductionmentioning

confidence: 99%

Understanding the Impact of EU Prostitution Policies on Sex Workers: A Mixed Study Systematic Review

et al. 2023

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Introduction There is a growing interest in legislation and policies regarding sex work in the European Union and a debate between two opposite perspectives: prostitution is a form of gender violence or a work lacking legal and social recognition. This review aims to develop an integrative synthesis of literature regarding the impact of prostitution policies on sex workers’ health, safety, and living and working conditions across EU member states. Methods A search conducted at the end of 2020 in bibliographic databases for quantitative, qualitative, and mixed methods peer-reviewed research, and grey literature published between 2000 and 2020 resulted in 1195 initial references eligible for inclusion. After applying the selection criteria, 30 records were included in the review. A basic convergent qualitative meta-integration approach to synthesis and integration was used. The systematic review is registered through PROSPERO (CRD42021236624). Results Research shows multiple impacts on the health, safety, and living and working conditions of sex workers across the EU. Conclusions Evidence demonstrates that criminalisation and regulation of any form of sex work had negative consequences on sex workers who live in the EU in terms of healthcare, prevalence and risk of contracting HIV and STIs, stigmatisation and discrimination, physical and sexual victimisation, and marginalisation due to marked social inequalities, for both nationals and migrants from outside the EU. Policy Implications The evidence available makes a strong case for removing any criminal laws and other forms of sanctioning sex workers, clients, and third parties, which are prevalent in the EU, and for decriminalisation. There is a need for structural changes in policing and legislation that focus on labour and legal rights, social and financial inequities, human rights, and stigma and discrimination to protect cis and transgender sex workers and ethnical minorities in greater commitment to reduce sex workers’ social inequalities, exclusion, and lack of institutional support. These measures could also positively impact reducing and monitoring human trafficking and exploitation.

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Unfinished Decriminalization: The Impact of Section 19 of the Prostitution Reform Act 2003 on Migrant Sex Workers’ Rights and Lives in Aotearoa New Zealand

Cited by 9 publications

References 16 publications

Racial Profiling and The Larger Impact of Covid-19 on Migrant Sex Workers in France

Racial Profiling and The Larger Impact of Covid-19 on Migrant Sex Workers in France

HIV prevention in individuals engaged in sex work

Understanding the Impact of EU Prostitution Policies on Sex Workers: A Mixed Study Systematic Review

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