i agree hank, it is not the courts place to implement a new legal frame work. that will be debated and argued about in parliament. i'm sure many drafts of propsed legal frame works will be submitted and we are still building the structure for self governance with government oversight, as in any industry.
it was pointed out to me that factories are routinely inspected for safe working conditions,etc and we should expect to be subjected to the same. for people running ethical businesses this will not be a problem as we will have input into the definition of safe working conditions as negotiated by all sides...customers, business owners, mainstrem society and workers.
in new zealand it is known as the prostitution law review committee....it seems to work well to dispell myths about decrim......i believ we could work within a frame work like this...
what do others think?
2008 report from new zealnd prostitution law review board;
http://www.courts.govt.nz/prostitution-law-review-committee/publications...
Introduction
This report presents the Prostitution Law Review Committee's (the Committee) review of the operation of the Prostitution Reform Act 2003 (PRA) three to five years after the Act's commencement, in June 2003. The purpose of the PRA was to decriminalise prostitution (while not endorsing or morally sanctioning prostitution or its use); create a framework to safeguard the human rights of sex workers and protect them from exploitation; promote the welfare and occupational health and safety of sex workers; contribute to public health; and prohibit the use in prostitution of persons under 18 years of age. The PRA also established a certification regime for brothel operators. This report fulfils the Committee's obligations to report on specific matters and make recommendations to the Minister of Justice on its findings.
The Committee's report is research based and draws heavily on the work of the Christchurch School of Medicine (CSOM) and Victoria University's Crime and Justice Research Centre (CJRC). The CSOM and CJRC reports are available on the Ministry of Justice website:
www.justice.govt.nz.
Estimation of the Number of Sex Workers in New Zealand
Baseline estimates of the size of the sex industry were provided in the Committee's first report, The Nature and Extent of the Sex Industry in New Zealand: An Estimation (2005). To the extent possible, the baseline data is compared with more recent estimates carried out for this report. However, caution must be applied to any estimate of the numbers of people involved in the sex industry. Direct comparisons between pre- and post-decriminalisation figures are possible only for Christchurch where an estimation using comparable methods was undertaken in 1999 (CSOM, 2007).
In the Committee's first report it was estimated that there were 5,932 sex workers in New Zealand. The current report estimates the number of sex workers to be 2,332 in the areas included in the study. The Committee does not consider that this means the numbers of sex workers in New Zealand have declined by 3600 over five years. Rather, the different estimates are the result of the limitations of the initial data collection methods, and the more robust methodology used to estimate numbers in the current report.
The research divides the industry into three sectors: private indoor workers, street-based sex workers, and managed workers (generally those working in brothels). A 2007 estimation of numbers of sex workers in five centres (Auckland, Wellington, Christchurch, Hawke's Bay and Nelson) found a total of 2332 sex workers. A comparison between the number of sex workers in Christchurch in 1999 and 2006 shows that the total has stayed approximately the same over that period. The study does not indicate that there has been any increase in the number of street-based sex workers in Christchurch over that period, contrary to some public perceptions.
Accurately counting the number of sex workers remains difficult. However, the Committee endorses the findings of the CSOM that the enactment of the PRA has had little impact on the numbers of people working in the sex industry.
The Use of Under Age People in Prostitution
The PRA makes it an offence to arrange for or to receive, or to facilitate or receive payment for, commercial sexual services from a person under 18. The offences carry a maximum penalty of seven years' imprisonment. It is not an offence for a person under the age of 18 to provide commercial sexual services.
The Committee considers that the threshold of 18 years should remain. The existing threshold acknowledges the vulnerability of people used in under age prostitution and recognises that there is a difference between commercial sexual activity and other sexual activity. The Committee also believes that the PRA should remain consistent with the United Nations Convention on the Rights of the Child and the International Labour Organisation Convention 182.
The CSOM survey found that under age people used in prostitution made up 1.3% of the total number of sex workers surveyed. The Committee does not consider the PRA has increased under age involvement in prostitution. The Committee believes the passage of the PRA has raised awareness of the problem of under age prostitution, and that this is a positive consequence. A very small percentage of young people who are sexually active are active in the context of prostitution. Further, few young people who can generally be termed 'at risk' are involved in prostitution.
The Committee is concerned that 17 year olds 'fall between the cracks' in terms of government support, being too old to be eligible for assistance from Child Youth and Family Services, and to young to be eligible for income support. The Committee was advised that the Independent Youth Benefit (IYB), available to 17 year olds in certain circumstances, is difficult for some young people to access. The Committee recommends that the Ministry of Social Development develop strategies to assist at risk young people in accessing the financial support they are entitled to.
Street-Based Sex Workers
The Committee endorses the findings of the CSOM study that 'the numbers of street-based sex workers have remained stable since the enactment of the PRA, with comparable numbers on the streets to estimates done prior to decriminalisation'. The CSOM survey found that the street-based sector made up 11% of the sex industry in 2006, making it by far the smallest sector.
Complaints about street-based sex workers have predominantly been made about the Christchurch and Manukau street prostitution areas. The Committee concludes the effects of street-based prostitution can be managed through proactive measures taken by local councils (the provision of lighting and street cleaning), Police (Police presence to discourage disorderly or anti-social behaviour), and NGOs (providing support services). Further, because under age people are more likely to work in the street sector, a Police presence is necessary to discourage clients seeking contact with under age people. Such Police action should be used in conjunction with other child protection measures.
The Committee considers that the purpose of the PRA, particularly in terms of promoting the welfare and occupational health and safety of sex workers, cannot be fully realised in the street-based sector. The Committee recognises the danger street work poses to sex workers, and acknowledges the concern and upset it causes communities. The Committee considers street-based sex workers should be encouraged to either move to a safer, indoor setting, or leave sex work altogether.
