This blog post examines the practical impact of legally regulating prostitution on protecting sex workers’ human rights and improving societal perceptions.
In 2015, when prostitution was legalized in Nigeria, the Nigerian Prostitutes Association declared it would offer free services for three days to commemorate the event, sparking widespread discussion. While the idea of offering free services itself was intriguing, the more noteworthy aspect was that the Nigerian Prostitutes Association positively embraced the legalization of prostitution. Given that human rights activists in many countries, including Korea, oppose prostitution as an act violating women’s rights, the association’s reaction feels somewhat ironic. Is legally regulating prostitution through anti-sex work laws truly the best way to protect human dignity? While many believe legal regulation is the right path for human rights, we must reconsider whether this approach is actually correct.
First, anti-prostitution laws drive the sex trade underground, making it difficult for sex workers to receive legal protection. While many women’s rights activists oppose legalization on the grounds that prostitution commodifies sex, the Amnesty International General Assembly held in Dublin, Ireland, on August 11th decided that legalizing prostitution is necessary to ensure sex workers receive legal protection. This decision reflects the historical and social nature of prostitution. Sex work has existed since around 3000 BC and is difficult to eradicate through legal regulation alone. It is particularly challenging to grasp the actual situation because sex work primarily occurs in unlicensed areas.
As regulations on sex work tighten, individual sex work becomes increasingly difficult, leading to an increase in exploitation through ‘pimps’ and coercive sex work arrangements. According to prostitution surveys conducted by the Ministry of Gender Equality and Family in 2007 and 2010, the number of women involved in prostitution decreased by about 7,000 over three years. However, this figure does not include women engaged in online prostitution or those working in establishments run by pimps. This suggests that since the implementation of the Special Act on the Prevention of Prostitution, a balloon effect has occurred, driving the industry further underground. Pimping activities go beyond simple stratification issues, often involving serious crimes like human trafficking, assault, and rape, and creating a structure that denies sex workers fair compensation. While regulation might seem like a solution, it can actually exacerbate the problem. Therefore, legalizing or decriminalizing prostitution is a more appropriate approach. Decriminalization allows sex workers to operate free from legal punishment and in an environment where their human rights are protected.
Second, regulating prostitution deepens society’s negative perception of sex workers. Currently, South Korea legally prohibits prostitution, meaning sex workers are not legally recognized. Consequently, there is no educational system in place to foster accurate perceptions of sex workers, leading the majority of the public to hold negative views toward those engaged in prostitution. Sex workers who chose prostitution for economic or social reasons become even more socially isolated as a result. Many women’s rights activists express concern that legalizing prostitution could reduce women to tools for satisfying sexual desires. However, this concern pertains specifically to certain sex workers who choose prostitution as a profession, not to all women. For sex workers already engaged in prostitution as a profession, decriminalization is necessary to improve their negative image and guarantee their right to choose their occupation.
In Norway, laws were enacted permitting prostitution only in designated zones, decriminalizing the sex workers themselves while punishing the buyers and those facilitating the transactions. This allowed prostitution to be managed within limited time and space, reduced the social stigma surrounding it, and improved public perception of the sex industry. Nevertheless, some human rights activists argue that legalizing prostitution would promote a culture of materialism where human sexuality and sexual relations can be bought and sold. However, this concern is exaggerated, as it does not mean prostitution is legalized for all women. Rather, regulating prostitution makes social management of sex workers easier and enables state-level support for promoting human rights and improving their treatment.
Third, regulating prostitution can inflict significant economic damage on sex workers. It is a mistake to think the prostitution market is distant from our society. According to a study by the Korean Institute of Criminology, the scale of the prostitution market within the broader sex trade has reached approximately 24 trillion won annually since 2000. This statistic indicates that at least 330,000 women are engaged in prostitution, with many relying on it as their primary source of income. Considering that the majority of sex workers who engage in prostitution as their livelihood participate voluntarily in this economic activity, stringent legal regulation constitutes harsh treatment. For those who choose sex work as a means of livelihood due to difficulties achieving economic independence, regulation criminalizes their livelihood.
Legalizing prostitution could yield several positive effects. As mentioned earlier, sex workers could secure stable income and receive fair wages free from pimp control. Furthermore, imposing tax obligations on sex workers could establish a systematic, legally regulated framework. This would provide a foundation for addressing the human rights violations that have long occurred in secrecy.
Currently, many countries, including South Korea, regulate prostitution based on biological and ethical concerns. Some argue that anti-prostitution laws, which punish sex buyers and aid the self-reliance of sex workers, represent the minimum measure for human rights protection. However, issues like the ‘suicide problem among women in the entertainment industry’ revealed within the pimp-sex worker conflict structure demonstrate that anti-prostitution laws alone have limitations in providing systematic management and protection. The stance of human rights activists advocating for protection can paradoxically exert social and economic pressure on sex workers.
Considering the limitations of the current anti-sex work laws and the potential positive effects that legalization could bring, it is necessary to reconsider whether supporting legal regulation of sex work is truly the right approach. For genuine human rights protection, rather than eliminating sex workers’ social standing, it would be preferable to create an environment where they can operate with dignity within social and economic systems.
