Social justice for sex workers as a ‘politics of doing’: Research, policy and practice

2020 ◽  
Vol 28 (3) ◽  
pp. 257-279
Author(s):  
Sharron FitzGerald ◽  
Maggie O’Neill ◽  
Gillian Wylie
Keyword(s):  
Social Justice ◽  
Social Relations ◽  
Criminal Law ◽  
Sex Workers ◽  
Research Policy ◽  
Red Light ◽  
Policy And Practice ◽  
Sexual Offences ◽  
Republic Of Ireland ◽  
The Republic

The Republic of Ireland is a good case study to highlight the problems associated with uncritical appeals to criminal law as the only appropriate tool to tackle demand and protect sex workers from harm. In 2017, the Criminal Law (Sexual Offences) Act came into force in the Republic of Ireland (hereafter Ireland) making it a criminal offence to purchase sex in the jurisdiction. Ireland’s decision to introduce Swedish-style laws followed a protracted public campaign instigated in 2009 by the Irish and radical feminist inspired neo-abolitionist organisation, Turn off the Red Light. In this article, we confront and de-centre the Turn off the Red Light campaign’s hegemonic narrative that the criminal rather than social justice responses provide a more effective vehicle for sex workers’ empowerment. Undertaking our intervention in Irish feminist prostitution politics as a ‘politics of doing’ social justice through our separate and combined research, we extend our analysis by invoking Nancy Fraser and Barbara Hudson’s theoretical work on social and restorative justice. We wish to develop a theoretical framework that can serve as a roadmap for restorative social justice – the process of achieving rights, recognition and redistribution through relational, reflective and discursive interventions in sex work research, policy and practice. We argue that by ‘thinking’ sex workers’ positionality in social relations differently, the ‘doings’ of restorative social justice for sex workers can begin or take place.

‘Framing figures’ and the campaign for sex purchase criminalisation in Ireland: A Lakoffian analysis

2020 ◽  
Vol 28 (3) ◽  
pp. 314-332
Author(s):  
Eilís Ward
Keyword(s):  
Social Justice ◽  
Sex Workers ◽  
Social Order ◽  
Red Light ◽  
The State ◽  
Access To Justice ◽  
Sexual Offences ◽  
Use Of Data ◽  
The Status ◽  
Recent Reform

If the concept of social justice posits equality and fairness between subjects in the social order, then the presence of those subjects within that order must first and foremost be acknowledged. In Ireland’s recent reform of prostitution law contained in the Criminal Law (Sexual Offences) Act 2017, the presence of the sex worker as a rights-bearing subject or citizen, with access to justice in that capacity, was denied. In this article I focus on the use of data by the neo-abolitionist ‘Turn off the Red Light’ campaign to ‘flatten out’ the complexity of sex workers lives and present the figure of the ‘vulnerable prostituted woman’ and the ‘trafficking victim’: tragic, abject, a necessarily violated person and in need of ‘protection’ from the state. I argue that this data, entering public and political discourse as uncontestable truth, constituted what I call, ‘framing figures’, framing an inevitable outcome and precluding certain subjects from the status of equality and fairness. The data allowed campaigners for the Sex Purchase Ban (SPB), and, in turn the state, to eclipse a social justice approach to sex work, such as proposed by the Sex Workers Alliance of Ireland and other actors.

scholarly journals Not collateral damage: Trends in violence and hate crimes experienced by sex workers in the Republic of Ireland

2020 ◽  
Vol 28 (3) ◽  
pp. 280-313
Author(s):  
Rosie Campbell ◽  
Lucy Smith ◽  
Becky Leacy ◽  
Miriam Ryan ◽  
Billie Stoica
Keyword(s):  
Sex Workers ◽  
Hate Crime ◽  
Hate Crimes ◽  
Worker Safety ◽  
Primary Data ◽  
Access To Justice ◽  
Sexual Offences ◽  
Republic Of Ireland ◽  
The Republic ◽  
Nuanced Understanding

The Republic of Ireland’s new Criminal Law (Sexual Offences) Act 2017 (2017 Act) criminalised sex purchase. Drawing on primary data from reports made by sex workers in Ireland to UglyMugs.ie, we analyse trends in violent and other crimes against sex workers in Republic of Ireland (hereafter Ireland). Examining the four-year period 2015–2019, we highlight the various crimes sex workers experience, including incidents of hate crime. Analysis of UglyMugs.ie data found that crimes (including violent offences) against sex workers increased following the introduction of the new law and continued with low levels of reporting of said crimes to the police. The data suggest that the 2017 Act heightens the risks for sex workers. Here, we advocate an intersectional framework to provide a more nuanced understanding of how sex workers in Ireland experience violent and other hate crimes (ICRSE, 2014). We suggest that considering the international research evidence, the most conducive framework in which to reduce violence against sex workers is that of full decriminalisation ( Platt et al, 2018 ). But, as others have pointed out, that legal reform needs to be in tandem with other policies and a refocusing of police resources on sex worker safety, better enabling reporting and access to justice.

scholarly journals How Sex Workers Understand Their Experiences of Working in the Republic of Ireland

2021 ◽  
Author(s):  
Adeline Berry ◽  
Patricia Frazer
Keyword(s):  
Sex Work ◽  
Sex Workers ◽  
Interpretative Phenomenological Analysis ◽  
Structured Interviews ◽  
Sexual Offences ◽  
Republic Of Ireland ◽  
Work Community ◽  
Diverse Backgrounds ◽  
The Republic ◽  
Sexual Services

Abstract Introduction This study seeks to explore the ways in which sex workers understand their experiences of working under sex work legislation in the Republic of Ireland, including laws that criminalise the purchase of sexual services. Participants reflected on their experiences of working in Ireland both and after the passing of [the] Criminal Law (Sexual Offences) Act 2017. In 2017, the Republic of Ireland criminalised the purchase of sexual services and increased fines and sentences for brothel keeping. Method In 2020, semi-structured interviews lasting 60 to 90 min were conducted with 6 sex workers from diverse backgrounds, ages 24–44, actively working in Ireland since 2017. Interviews were recorded and transcribed verbatim. Transcriptions were used to conduct an interpretative phenomenological analysis. Results Seven themes arose from the data: psychological wellbeing, relationships with law enforcement, relationships with friends and family, the effects of client criminalisation laws on clients, benefits of sex work community, stress related to precarious accommodation and experiences of both discrimination and perceived discrimination. Conclusion Changes to sex work legislation appear to have failed in their mission to improve life for sex workers in Ireland. Other options such as decriminalisation should be considered.

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

A case for a health promotion framework: the psychosocial experiences of female, migrant sex workers in Ireland

2017 ◽  
Vol 13 (4) ◽  
pp. 419-431 ◽  
Author(s):  
Leigh-Ann Sweeney ◽  
Sharron FitzGerald
Keyword(s):  
Health Promotion ◽  
Sex Workers ◽  
Relational Model ◽  
Service Development ◽  
Sex Industry ◽  
Migrant Women ◽  
Content Type ◽  
Republic Of Ireland ◽  
Psychosocial Experiences ◽  
The Republic

Purpose The purpose of this paper is to examine the barriers preventing women in prostitution from accessing co-ordinated health services in the Republic of Ireland. By examining the experiences of migrant women engaged in prostitution, the research contributes to knowledge pertaining to the psychosocial experiences of female sex workers’ access to healthcare. Design/methodology/approach The study interviewed migrant women across Ireland, using a biographical narrative approach and an adapted voice-centred relational model of analysis to determine the necessity for a health promotion strategy for this demographic. Findings The findings indicate migrant women work primarily indoors, hold precarious legal status and are in Ireland due to processes of globalisation, migration and economic necessity. The women discussed their entry into prostitution and their experiences within prostitution in the context of their psychosocial experiences. Research limitations/implications While the findings are from a small qualitative sample confined to the Republic of Ireland, it is the first study to prioritise migrant sex workers’ psychosocial experiences in Ireland. Practical implications The research concludes education and service development that respects the various social determinants impacting women in prostitution is missing but remains necessary in Ireland. It finds a gendered reform of policies using an ecological framework for health that can address issues of poverty, migration and the global trends of the sex industry. Social implications This means a national review of current services in health, social work and community development fields is timely. Originality/value This paper gives insight into the lives of migrant women involved in the sex industry and can make an important contribution to future research directions and practice in Irish and European prostitution contexts.

scholarly journals THE PRACTICE OF “UKUTHWALWA”, THE CONSTITUTION AND THE CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMENDMENT ACT

Obiter ◽  
2021 ◽  
Vol 30 (3) ◽  
Author(s):  
David McQuoid-Mason
Keyword(s):  
Rural Communities ◽  
Criminal Law ◽  
Cultural Practices ◽  
Common Law ◽  
Customary Law ◽  
Constitutional Rights ◽  
Eastern Cape ◽  
Sexual Offences ◽  
The Law ◽  
The Republic

The practice of “ukuthwalwa” has been described as a “mock abduction” or an “irregular proposal” aimed at achieving a customary law marriage. It has been said that ukuthwalwa may be used for a number of purposes, such as: (a) to force the father to give his consent; (b) to avoid the expense of a wedding; (c) to hasten matters if the woman is pregnant; (d) to persuade the woman of the seriousness of the suitor’s intent; and (e) to avoid payment of lobolo. At common law the courts have stated that ukuthwalwa should not be used “as a cloak for forcing unwelcome attentions on a patently unwilling girl”, and have held that abduction by way of  ukuthwalwa is unlawful. However, it has been suggested that if there is a belief by the abductor that the custom of ukuthwalwa was lawful the abduction would lack fault, and that if the parents or guardians consented to the taking it would not be abduction, because abduction is a crime against parental authority. Where the parents or guardians consent to the abduction the crime may amount to assault or rape. Some of these potential lacunae in the law seem to have been addressed by the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. There has recently been public outrage about the practice of ukuthwalwa in the Eastern Cape in which girls between the ages of 12 and 15 years of age were being abducted and forced into marriages against their consent. This aspect of ukuthwalwa is a breach of the common law and the repealed section of the Sexual Offences Act (s 9 of the SexualOffences Act 23 of 1957. It is also completely contrary to the Bill of Rights (Chapter 2 of the Constitution of the Republic of South Africa Act, 1996) and the Sexual Offences Amendment Act (Chapters 2 and 3 of the Sexual Offences Amendment Act). Part of the problem may be that some rural communities think that cultural practices trump constitutional rights, whereas according to the law the reverse applies.

scholarly journals BACK TO THE FUTURE: A LESSON IN FAIRNESS AND RETROSPECTIVITY S v Acting Regional Magistrate, Boksburg: Venter and Another (CCT 109/10) [2011] ZACC 22; 2011 (2) SACR 274 (CC)

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Suhayfa Bhamjee
Keyword(s):  
South Africa ◽  
Criminal Law ◽  
Sexual Offences ◽  
High Court ◽  
The Future ◽  
The Republic

The purpose of any legislation is to safeguard the welfare of society. Any law that fails to do that cannot justify its existence. In S v Acting Regional Magistrate, Boksburg: Venter ((CCT 109/10) [2011] ZACC 22; 2011 (2) SACR 274 (CC)) the question of nullity of the particular wording of section 69 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007, hereinafter “the Act”) and its subsequent constitutionality, were in question. The court had to decide whether to confirm the ruling of the SouthGauteng High Court, Johannesburg (Case No A11/2010) that the particular wording of the section was inconsistent with the Constitution of the Republic of South Africa, 1996, or whether it could apply the various rules of interpretation and save the section from invalidity.

What kind of (digital) citizen?

2018 ◽  
Vol 35 (5) ◽  
pp. 342-356 ◽  
Author(s):  
Marie K. Heath
Keyword(s):  
Social Justice ◽  
Educational Technology ◽  
Public Schools ◽  
Civic Engagement ◽  
Research Policy ◽  
Digital Citizenship ◽  
Policy And Practice ◽  
Content Type ◽  
Definition Of ◽  
Constant Comparative Analysis

Purpose Public schools in a democracy should educate young people to develop the knowledge and dispositions of citizenship in order to foster a more inclusive society and ensure the continuation of the democratic republic. Conceptualizations of citizenship must be clearly framed in order to support civic engagement, in particular, civic engagement for social justice. Rarely do educational technology scholars or educators interrogate the International Society for Technology in Education definition of digital citizenship. Educational technologists should connect notions of civic engagement and conceptions of digital citizenship. Instead, the field continues to engage in research, policy and practice which disconnects these ideas. This suggests that a gap exists between educational technologists’ conceptualizations of citizenship and the larger implications of citizenship within a democracy. The paper aims to discuss this issue. Design/methodology/approach This paper uses a between-study analysis of the literature to answer: How does the field of educational technology discuss and research digital citizenship? The data were coded using constant comparative analysis. The study adopted a theoretical framework grounded in Westheimer and Kahne’s (2004) What Kind of Citizen, and Krutka and Carpenter’s (2016) digital approach to citizenship. Findings The findings suggest that educational technologists’ uncritical usage of the term digital citizenship limits the authors’ field’s ability to contribute to a fundamental purpose of public schooling in a democracy – to develop citizens. Further, it hampers imagining opportunities to use educational technology to develop pedagogies of engaged citizenship for social justice. Originality/value Reframing the conception of digital citizenship as active civic engagement for social justice pushes scholarship, and its attendant implications for practice, in a proactive direction aimed at dismantling oppression.

Using Education Law as a Tool to Empower Social Justice Leaders to Promote LGBTQ Inclusion

2018 ◽  
Vol 54 (5) ◽  
pp. 723-746 ◽  
Author(s):  
Maria M. Lewis ◽  
Sarah Kern
Keyword(s):  
Social Justice ◽  
Research Policy ◽  
Leadership Preparation ◽  
Legal Authority ◽  
Policy And Practice ◽  
Preparation Programs ◽  
Policy Practice ◽  
Legal Literacy ◽  
The Law ◽  
The Impact

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school district leader’s ability to promote LGBTQ inclusion. Through an examination LGBTQ issues, this article will explore the relationship between various sources of legal authority and the role of law in policy implementation. Method: This article employs legal research methodology to illuminate the breadth of the law affecting LGBTQ issues in schools. Findings: The impact of law on education policy and practice is far-reaching and complex. LGBTQ law is composed of many intersecting sources of legal authority. This article argues that legal literacy is more than a tool that can be used to avoid legal liability; it can be used as a proactive advocacy tool to promote social justice and LGBTQ inclusion. Implications: Educational leaders, researchers, and leadership preparation programs need to be aware of the ways in which the law can hinder or support social justice leadership. As such, this article includes implications for research, policy, practice, and leadership preparation.

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