The Swedish criminalization of the purchase of sex aims to abolish prostitution through targeting the demand, while decriminalizing those selling sex in an ostensible effort to protect sex workers ...

Sweden's abolitionist discourse and law: Effects on the dynamics of Swedish sex work and on the lives of Sweden's sex workers

Prostitutes' well-being and risk.

https://www.mcc-berlin.net/fileadmin/data/pdf/Publikationen/Grosjean_et_al_2014_Is_Delegation_the_Key_to_EU_ETS_Reform_May2014.pdf

After monetary policy, climate policy: is delegation the key to EU ETS reform?

Prostitution, payment for the exchange of sexual services, is deemed a major social problem in most countries around the world today, with little to no consensus on how to address it. In this Target Article, we unpack what we discern as the two primary positions that undergird academic thinking about the relationship between inequality and prostitution: (1) prostitution is principally an institution of hierarchal gender relations that legitimizes the sexual exploitation of women by men, and (2) prostitution is a form of exploited labor where multiple forms of social inequality (including class, gender, and race) intersect in neoliberal capitalist societies. Our main aims are to: (a) examine the key claims and empirical evidence available to support or refute each perspective; (b) outline the policy responses associated with each perspective; and (c) evaluate which responses have been the most effective in reducing social exclusion of sex workers in societal institutions and everyday practices. While the overall trend globally has been to accept the first perspective on the "prostitution problem" and enact repressive policies that aim to protect prostituted women, punish male buyers, and marginalize the sex sector, we argue that the strongest empirical evidence is for adoption of the second perspective that aims to develop integrative policies that reduce the intersecting social inequalities sex workers face in their struggle to make a living and be included as equals. We conclude with a call for more robust empirical studies that use strategic comparisons of the sex sector within and across regions and between sex work and other precarious occupations.

“The Prostitution Problem”: Claims, Evidence, and Policy Outcomes

In May 2013 the Sultanate Decree number 29/2013 promulgated the Omani Civil Transactions Law (O.C.T.L) that contained several choice of law rules . Among them is art 20 that adopts the Party Autonomy as a choice of law rule for Contracts. This paper will examine whether art 20 of the O.C.T.L gives the contracting parties the freedom to choose the Unidroit principles, herein after the principles, as the law governing their contract and what are the constraints and legal bars that might exist under O.C.T.L. against adopting the principles.In part two I examine the wording of the art 20 to determine if it possible for the parties to a contract to choose the Principles as a non-state law and I will reach the conclusion that the art 20 does allow the selection of the principles as the law governing the contract . In Part three, I move towards examining the constraints that O.C.T.L. imposes on the parties' ability to chose the principles which are statutory restraints that stems from the existence of Omani special legislation and non-statutory restraints which are the traditional public policy defense and the duty to comply with Islamic Shariah. I will demonstrate that neither the Omani Public policy nor Islamic Shariah prevent the parties form selecting the principles if the Omani Courts adopted an open minded approach to choice of law in general.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2419258_code1516532.pdf?abstractid=2419258&mirid=1&type=2

Can It Be Done?: Adopting the Unidroit Principles Through Party Autonomy Under Omani Choice of Law Rules

In 1999, Sweden passed a law criminalizing the purchase of sex and decriminalizing the prosti­tuted person. The law was part of an omnibus bill against violence against women, recognizing prostitut ...

https://www.prostitutionresearch.com/Sweden%27s%20prohibition%20of%20purchase%20of%20sex-%20The%20law%27s%20reasons%2C%20impact%2C%20and%20potential.pdf

Sweden’s prohibition of purchase of sex: the law's reasons, impact, and potential

The English version of this paper can be found at http://ssrn.com/abstract=1966130The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under international trafficking law, particularly to the obligations set forth in the United Nation’s Trafficking Protocol from 2000. The Protocol states that a person is regarded a trafficking victim when, e.g., someone abuses her “position of vulnerability” in order to exploit her. International jurisprudence and social evidence strongly suggest that prostitution, as practiced in the world, usually satisfies this definition. Further, the Protocol urges states to reduce the demand for prostitution and to protect and assist victims, for instance by adopting laws deterring purchasers of sex, and by supporting those exploited in prostitution. Policy makers, such as the U.S. Department of State, are criticized for taking an inadequate position in face of the growing evidence from the Swedish law's impact.The article shows that Sweden has significantly reduced the occurrence of trafficking in Sweden compared to neighboring countries. It also scrutinizes some misinformation of the law's impact, showing for instance that claims alleging a more dangerous situation for those still in prostitution after 1999 were unfounded. In addition, the article addresses remaining obstacles to the law's effective implementation, arguing that in order to realize the law's full potential to support escape from trafficking, the civil rights of prostituted persons under current law should be strengthened to enable them to claim damages directly from the purchasers for the harm to which they have contributed, and for the violation of the prostituted persons' equality and dignity - a position now recognized by the government to some extent by clarifying amendments made in 2011.

성구매 금지와 인신매매 척결: 스웨덴의 성매매 관련법 (Prohibiting Sex Purchasing and Ending Trafficking: The Swedish Prostitution Law)

Why are democracies unresponsive to well-documented injuries in the production and by the consumption of pornography? Legal challenges to pornography in Canada and the United States in which sexual subordination, not moral notions of “obscenity,” were the driving rationale, show democracies inadequately recognizing gender-specific harms. Changes in Canadian obscenity doctrines to account for harm and inequality, in contrast with the U.S. reign of “free speech,” did not deliver a corresponding change on the ground. Developments in democratic theory, international law, and the particular U.S.-Canadian legal trajectory, and consideration of the void of institutions articulating the interests of those victimized in and by pornography, suggest the need to adopt empowering civil remedies. Additional Podcasts available: Amy Mazur, co-editor of PRQ, sits down with Max Waltman, Catharine MacKinnon, Kathleen Mahoney, and William Hudnut to discuss legal challenges to pornography in the US and Canada, and the consequences of these challenges for democratic systems. (SAGE; also available on iTunes for free)

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2164429_code1322157.pdf?abstractid=1501696&mirid=1

Rethinking Democracy: Legal Challenges to Pornography and Sex Inequality in Canada and the United States

The Swedish prostitution law from 1999, now followed by Norway and Iceland, criminalized the purchaser and decriminalized the prostituted person. This is analyzed as a cogent state response under i ...

/pdf/prohibiting-sex-purchasing-and-ending-trafficking-the-16yrnto1zi.pdf

Prohibiting Sex Purchasing and Ending Trafficking: The Swedish Prostitution Law

For the English version, see http://ssrn.com/abstract=2450513.Swedish Abstract: Remissvaret erkanner regeringens framgang i att minska forekomsten av prostitution och manniskohandel i Sverige sen den nya lagen antogs 1999, samt dess systematiska arbete i att stodja prostituerade personer att lamna sexindustrin. Remissvaret foreslar dock starkare erkannande av den civilrattsliga statusen for prostituerade personer sa att de kan vacka skadestandstalan gentemot sexkopare for att ha utnyttjat dem sexuellt under tvingande omstandigheter, och pa sa satt krankt deras mansklighet, jamlikhet och vardighet som personer. Remissvaret papekar ocksa att den offentliga utredningens forslag inte gar tillrackligt langt med avseende bl.a. pa att tillhandahalla gynnsamma forhallanden for prostituerade personer som vill havda sina rattigheter. Det foreslar saval ett antal rattsliga- som policy-orienterade atgarder for att motverka sexuell exploatering. Remissvaret stods av 12 personer/organisationer.English Abstract: The submission commends the government for its success in reducing the prevalence of prostitution and human trafficking in Sweden since the new law was adopted in 1999, and for its consistent work to support prostituted persons to leave the sex industry. Yet, the submission suggests stronger recognitions of the civil rights of prostituted persons so that they can claim damages from tricks for having sexually exploited them under coercive circumstances, thus violated their humanity, equality, and dignity as persons. The submission also notes that the official evaluation's suggestions do not go far enough, inter alia, in providing favorable conditions for prostituted persons to claim their rights. It suggests a number of further measures in both legal and policy oriented terms to counter sexual exploitation.

Svar till Förbud mot köp av sexuell tjänst: en utvärdering 1999-2008 (SOU 2010:49) (A Response to Prohibition Against Purchase of Sexual Service: An Evaluation 1999-2008 (SOU 2010:49))

Max Waltman

Papers

Sweden’s prohibition of purchase of sex: the law's reasons, impact, and potential

성구매 금지와 인신매매 척결: 스웨덴의 성매매 관련법 (Prohibiting Sex Purchasing and Ending Trafficking: The Swedish Prostitution Law)

Rethinking Democracy: Legal Challenges to Pornography and Sex Inequality in Canada and the United States

Prohibiting Sex Purchasing and Ending Trafficking: The Swedish Prostitution Law

Svar till Förbud mot köp av sexuell tjänst: en utvärdering 1999-2008 (SOU 2010:49) (A Response to Prohibition Against Purchase of Sexual Service: An Evaluation 1999-2008 (SOU 2010:49))