Advocating Sex Workers’ Rights by Identity-Based Associations in Nepal

2020 ◽  
Vol 7 (2) ◽  
pp. 265-274
Author(s):  
Masako TANAKA
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Sex Work ◽  
Sex Workers ◽  
Criminal Code ◽  
The Public ◽  
Working Environments ◽  
Identity Based ◽  
Criminalized Women ◽  
Safe Working

AbstractThere is no specific law in Nepal that directly criminalizes sex work. However, many sex workers have experienced arbitrary detention by law-enforcement authorities. The Human Trafficking and Transportation (Control) Act, 2007 (HTTCA) criminalizes pimps and clients, but not sex workers directly. However, the Act was overinclusive and often criminalized women engaged in voluntary sex work. The new Criminal (Code) Act 2017 criminalizes advertising and providing facilities for sex work in the section concerning crimes against the public good. These laws are used to prosecute sex workers. Two identity-based associations (IBAs) emphasize the importance of decriminalization, but do not support the legalization of sex work. A licensing system, if introduced under legalization, may exclude the most vulnerable sex workers, including housewives, migrants, and sexual minorities, who are secretly engaged in the business. I conclude that ongoing advocacy of IBAs should seek to provide safe working environments for sex workers in Nepal.

scholarly journals Effectivity Of Law Number 21 Of 2007 In Esnaring Pimps As Sex Commercial Services Procuress

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Winda Fathia Pilili
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Code ◽  
Legal Research ◽  
Local Regulation ◽  
Enforcement Mechanism ◽  
The Public ◽  
Local Police ◽  
Modern Era ◽  
Empirical Approaches

In the modern era, prostitution metamorphose into the branch of industry which in line with the pornography or striptease. For Indonesian people, prostitution have been understood as work, in which exchange intercourse with money or prizes, the same with services purchase or trade. Yogyakarta which known as education city is not spared either with prostitution. Cited by Tribun Jogja, revealed that cases of human trafficking that covered by prostitution in Sleman, Yogyakarta. It was occurred in three different locations, are Pasar Kembang, Bong Suwun and Giwangan. This work aims were to know and to analyze how criminal law in Indonesia regulated pimp as procuress of sex commercial agent in Yogyakarta and its law enforcement mechanism. Laws related of pimp regulated in the Article 290 and 560 Indonesia Criminal Code. Meanwhile, in Yogyakarta there is a regulation which prohibit the public prohibition i.e. Local Regulation Number 18 of 1954. Law enforcement mechanism towards prostitution by implement the Law Number 21 of 2007 in punishing pimps in Yogyakarta, with strong commitment to eradicate this crime. This work is empirical legal research which applied juridical and empirical approaches in Yogyakarta by taking data in Local Police Office of Yogyakarta.

scholarly journals The Double-Edged Sword of Health and Safety: COVID-19 and the Policing and Exclusion of Migrant Asian Massage Workers in North America

2021 ◽  
Vol 10 (5) ◽  
pp. 157
Author(s):  
Elene Lam ◽  
Elena Shih ◽  
Katherine Chin ◽  
Kate Zen
Keyword(s):  
North America ◽  
Social Welfare ◽  
Human Trafficking ◽  
Sex Work ◽  
Sex Workers ◽  
Interpersonal Violence ◽  
Sex Trafficking ◽  
The State ◽  
Emergency Relief ◽  
Sexual Services

Migrant Asian massage workers in North America first experienced the impacts of COVID-19 in the final weeks of January 2020, when business dropped drastically due to widespread xenophobic fears that the virus was concentrated in Chinese diasporic communities. The sustained economic devastation, which began at least 8 weeks prior to the first social distancing and shelter in place orders issued in the U.S. and Canada, has been further complicated by a history of aggressive policing of migrant massage workers in the wake of the war against human trafficking. Migrant Asian massage businesses are increasingly policed as locales of potential illicit sex work and human trafficking, as police and anti-trafficking initiatives target migrant Asian massage workers despite the fact that most do not provide sexual services. The scapegoating of migrant Asian massage workers and criminalization of sex work have led to devastating systemic and interpersonal violence, including numerous deportations, arrests, and deaths, most notably the recent murder of eight people at three Atlanta-based spas. The policing of sex workers has historically been mobilized along fears of sexually transmitted disease and infection, and more recently, within the past two decades, around a moral panic against sex trafficking. New racial anxieties around the coronavirus as an Asian disease have been mobilized by the state to further cement the justification of policing Asian migrant workers along the axes of health, migration, and sexual labor. These justifications also solidify discriminatory social welfare regimes that exclude Asian migrant massage workers from accessing services on the basis of the informality and illegality of their work mixed with their precarious citizenship status. This paper draws from ethnographic participant observation and survey data collected by two sex worker organizations that work primarily with massage workers in Toronto and New York City to examine the double-edged sword of policing during the pandemic in the name of anti-trafficking coupled with exclusionary policies regarding emergency relief and social welfare, and its effects on migrant Asian massage workers in North America. Although not all migrant Asian massage workers, including those surveyed in this paper, provide sexual services, they are conflated, targeted, and treated as such by the state and therefore face similar barriers of criminalization, discrimination, and exclusion. This paper recognizes that most migrant Asian massage workers do not identify as sex workers and does not intend to label them as such or reproduce the scapegoating rhetoric used by law enforcement. Rather, it seeks to analyze how exclusionary attitudes and policies towards sex workers are transferred onto migrant Asian massage workers as well whether or not they provide sexual services.

What Is the Relationship between Online Sex Workers and Cybersecurity?

2021 ◽  
Vol 65 (1) ◽  
pp. 762-766
Author(s):  
Stephanie Do ◽  
Dan Nathan-Roberts
Keyword(s):  
Law Enforcement ◽  
Literature Review ◽  
Sex Work ◽  
Sex Workers ◽  
The Internet ◽  
Work Safety ◽  
Labor Practices ◽  
Theory Application ◽  
Use Of The Internet ◽  
The Relationship

Although online sex work has become more accessible to people of all socio-economic statuses, labor practices and work safety have not improved since the widespread use of the internet. One way that we can help empower sex workers is to understand their motivations and experiences when using the internet. In a survey conducted by Sanders et al. (2017), the highest crime that 56.2% sex workers experienced was being threatened or harassed through texts, calls, and emails. Because there is no theory application to date on this marginalized group, three theories were proposed. This literature review highlights the need to explore why sex workers, as end-users, should be included in the user cybersecurity defense conversation, such as the cybercrimes that they face, their relationship with law enforcement, and what other factors affect their safety.

scholarly journals Identifying human trafficking indicators in the UK online sex market

2021 ◽  
Author(s):  
Luca Giommoni ◽  
Ruth Ikwu
Keyword(s):  
Human Trafficking ◽  
Empirical Research ◽  
Sex Work ◽  
Sex Workers ◽  
Female Sex Workers ◽  
Screening Process ◽  
Effective Screening ◽  
Female Sex ◽  
The Uk ◽  
Sex Market

AbstractThis study identifies the presence of human trafficking indicators in a UK-based sample of sex workers who advertise their services online. To this end, we developed a crawling and scraping software that enabled the collection of information from 17, 362 advertisements for female sex workers posted on the largest dedicated platform for sex work services in the UK. We then established a set of 10 indicators of human trafficking and a transparent and replicable methodology through which to detect their presence in our sample. Most of the advertisements (58.3%) contained only one indicator, while 3,694 of the advertisements (21.3%) presented 2 indicators of human trafficking. Only 1.7% of the advertisements reported three or more indicators, while there were no advertisements that featured more than four. 3, 255 advertisements (19.0%) did not contain any indicators of human trafficking. Based on this analysis, we propose that this approach constitutes an effective screening process for quickly identifying suspicious cases, which can then be examined by more comprehensive and accurate tools to identify if human trafficking is occurring. We conclude by calling for more empirical research into human trafficking indicators.

scholarly journals The Criminal Enforcement Of The Fraud Mode Of Multiple Money (Case study Decision No.61 / Pid.B / 2019 / PN.Blora)

2020 ◽  
Vol 3 (1) ◽  
pp. 237
Author(s):  
Sumaryono Sumaryono ◽  
Sri Kusriyah Kusriyah
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Field Research ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Public Prosecutor ◽  
The Public

Fraudulent criminal acts that have been regulated in the Criminal Code (KUHP) with various modes, one of which is fraud by shamans with a multiplied money mode has made law enforcers increasingly have to rack their brains to be able to prove it. This study aims to examine and analyze law enforcement by the judge in decision No.61 / Pid.B / 2019 / PN.Blora with consideration of the criminal elements. The research method used is a sociological juridical approach. The specifications of the study were conducted using descriptive analytical methods. The data used for this study are primary and secondary data. The data consists of primary data and secondary data using field research methods, interviews, and literature studies. Based on the research it was concluded that the case ruling number 61 / Pid.B / 2019 / PN Bla with a fraud case with shamanism practices in the mode of duplicating the judge's money considering that the Defendants have been indicted by the Public Prosecutor with alternative indictments, so the Panel of Judges paid attention to the facts The aforementioned law decides on the first alternative indictment as regulated in Article 378 of the Criminal Code Jo Article 55 paragraph (1) of the 1st Criminal Code by considering the elements of that article.Keywords: Criminal Law Enforcement; Fraud; Multiple Money.

scholarly journals Human Trafficking – Can the German Reform Address the Complexity of the Phenomenon?

2020 ◽  
Vol 10 (3) ◽  
pp. 293-313
Author(s):  
Susanne Beck ◽  
Melina Tassis
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Interconnected System ◽  
The Poor ◽  
Victim Protection ◽  
Goals And Objectives ◽  
Oriented Approach

German criminal law regarding human trafficking was reformed in 2016 in order to implement European goals and objectives, for example, the effective cooperation between member states' law enforcement authorities. This article examines the problems connected with the implementation of the reforms from different perspectives. It also takes into account that the laws were also changed to close perceived gaps in the Criminal Code and to simplify the classification of any action linked to human trafficking. Thus, it will show that the phenomenon of human trafficking cannot be addressed by implementing stricter criminal laws alone, since the main causes lie in the poor living conditions of the countries of origin and the way in which modern societies consume. What is needed is a broad-based awareness, an international interconnected system and appropriate victim protection resulting in an interdisciplinary, human rights-oriented approach to fight human trafficking and exploitation.

scholarly journals How do Sex Workers Perceive their Working Identity? Case Studies in Egypt

2016 ◽  
Vol 2 (Winter) ◽  
pp. 245-261
Author(s):  
Sara Abed
Keyword(s):  
Case Studies ◽  
Sex Work ◽  
Sex Workers ◽  
State Policies ◽  
State Control ◽  
The Public ◽  
Labour Rights

This study looks at Egypt’s sex workers’ perceptions of their working identity. It examines the different experiences and attitudes of sex workers by exploring the main features and dominant frames in the literature, and how it could be of relevance in the case of Egypt. Through conducting interviews with sex workers and other stakeholders, I argue that sex workers tend to perceive themselves as workers who should enjoy labour rights, except for those who consider religious guilt and shame as a barrier in being visible to the public. The decriminalising of sex work diminishes state control and discrimination over the lives of sex workers in Egypt. My findings demonstrate that there is a relationship between state policies to discipline sex workers and the control of women’s body.

scholarly journals Change of legal status of sex work in Ukraine: public opinion, opinion of sex workers (sociological perspective)

2020 ◽  
Vol 74 (3) ◽  
pp. 124-141
Author(s):  
N. P. Pyvovarova ◽  
◽  
O. R. Artiukh ◽  
Keyword(s):  
Sex Work ◽  
Working Conditions ◽  
Sex Workers ◽  
Legal Status ◽  
Legal Protection ◽  
Public Attitude ◽  
Entrepreneurial Activity ◽  
Sociological Study ◽  
The Public ◽  
Judicial Protection

The concepts of “decriminalization” and “legalization” of sex work are defined. Based on a sociological study, the attitudes of the Ukrainian public and sex workers to the potential change in the legal status of sex services in Ukraine is characterized. Authors analyse the public attitude toward the concepts and phenomena of “sex work” and “sex workers”, level of awareness of the population and sex workers about the current legislation in the scope of sex work regulation in Ukraine and the attitude to it, opinions on potential conditions of decriminalization and expected changes as a result of changes in the sex work legal status, level of interest of sex workers in the fact of decriminalization and legalization and their readiness for possible changes. These studies show an utterly predictable contrast between the attitudes, desires and expectations regarding potential changes in the legal status of sex work in Ukraine of the average Ukrainian and a sex worker – from disinclination and rejection of such changes by the first to the unreadiness and possible radiant hopes of the latter. Thus, 51% of Ukrainians oppose the revocation of penalty for the voluntary provision of paid sex services, while 93% of sex workers are interested in the revocation of such penalty. Modelling the situation where the penalty for sex work is revoked, the potential improvements suggested by sex workers are the following: safer working conditions and reduced risks of violence – 74%; the possibility of legal protection from the police – 67%, in court and prosecutor’s office – 64%; reduction of stigma at the level of society – 58%, at the level of self-esteem – 53%; expected reduction in health risks, including HIV/STIs – 49%. The appropriateness to form a public attitude to sex work as a type of entrepreneurial activity, which should be regulated by labour, civil, economic, financial and other branches of law, and to sex workers as those who are entitled to refuse (a client, employer, profession in general), appropriate working conditions and trade union or judicial protection, anonymity, social guarantees and pensions, self-organization, etc. are proved.

scholarly journals Human trafficking and legalized prostitution in the Netherlands

Temida ◽  
2009 ◽  
Vol 12 (1) ◽  
pp. 5-16 ◽  
Author(s):  
Dina Siegel
Keyword(s):  
Law Enforcement ◽  
The Netherlands ◽  
European Country ◽  
Human Trafficking ◽  
Sex Workers ◽  
The Other ◽  
Sex Industry ◽  
General Study ◽  
Illegal Migrants ◽  
The Eu

On 1 October 2000, the Netherlands became the first European country to legalize prostitution as a profession, with its rights and duties. On the other hand, this new Dutch law excluded those sex workers, who come from outside the EU. The majority of women working in the sex industry, who are considered illegal migrants in the Netherlands, had two choices: either leaving the country or disappearing into the illegal criminal circuit. For law enforcement and assistant services, it became extremely difficult to control the sector. In this paper, the consequences of the 'Brothel Law' are presented. What happens with illegal non-European sex workers in the Netherlands, how the problem of human trafficking is constructed in Dutch media and combated in the country, what could be learned from the 'Dutch case'? The paper aims to answer these questions and contribute to the general study on human trafficking and voluntary prostitution in Europe.

scholarly journals Interpretasi Hukum Perkara Penipuan Online Modus Investasi Kajian Undang-Undang No.42/2009 dan Undang-Undang No25/2007

2020 ◽  
Vol 4 (2) ◽  
pp. 142-154
Author(s):  
Alba Liliana Sanchez ◽  
Mustaqim Mustaqim ◽  
Agus Satory
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Research Approach ◽  
Legal Interpretation ◽  
Online Fraud ◽  
The Public ◽  
Preventative Measures ◽  
Two Factors ◽  
National Police ◽  
Investment Fraud

ABSTRACTThe rise of online fraud practices with investment mode in DKI Jakarta is influenced by 2 (two) factors, namely the community's ignorance about investment through the online platform. Other factors are not yet optimal for law enforcement to take preventative measures by informing the public about the dangers of online investment.The purpose of this research is to better understand the legal interpretation of online fraud cases with investment mode. Another goal is for the public to be more careful with online investment offers that promise multiple benefits.The research approach is the legal sociology approach. Observations indicate that law enforcement by the National Police against suspected online investment fraud has not been carried out optimally because investigators only use the articles of the Criminal Code and the ITE Law. But not using Law Number 42/2009, and Law Number 25/2007, investigators must also immediately break the chain of online fraud practices.Keywords : Legal Interpretation, Online Fraud, Investment Mode.ABSTRAKMaraknya praktek penipuan online dengan modus investasi di DKI Jakarta dipengaruhi 2 (dua) faktor yaitu faktor ketidaktahuan masyarakat perihal investasi melalui platform online. Faktor lainnya belum optimalnya penegak hukum untuk melakukan langkah pencegahan dengan mensosialisasikan kepada masyarakat mengenai bahayanya investasi online.Tujuan penelitian ingin lebih memahami penafsiran hukum perkara penipuan online dengan modus investasi. Tujuan lainnya agar masyarakat lebih berhati-hati dengan penawaran investasi online yang menjanjikan keuntungan berlipat ganda.Pendekatan penelitian yaitu pendekatan Sosiologi hukum. Hasil pengamatan menunjukkan bahwa penegakan hukum oleh Polri terhadap tersangka penipuan investasi online, belum berlangsung optimal karena penyidik hanya menggunakan pasal-pasal KUHP dan Undang-Undang ITE. Namun tidak menggunakan Undang-Undang Nomor 42/2009, dan Undang-Undang Nomor 25/2007, penyidik juga harus segera memutus mata rantai praktek penipuan online tersebut.Kata kunci: Interpetasi Hukum, Penipuan Online, Modus Investasi.

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