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 Precarious or Protected? Evaluating Work Quality in the Legal Sex Industry

2016 ◽  
Vol 21 (4) ◽  
pp. 173-187 ◽  
Author(s):  
Alice Orchiston
Keyword(s):  
Sex Work ◽  
Working Conditions ◽  
Sex Workers ◽  
Sex Industry ◽  
Labour Law ◽  
Industry Regulation ◽  
Regulatory Model ◽  
And Control ◽  
The Relationship ◽  
Legal Sex

Decriminalising (or legalising) sex work is argued to improve sex workers’ safety and provide access to labour rights. However, there is a paucity of empirical research comparing how different regulatory approaches affect working conditions in the sex industry, especially in relation to venues that are managed by third parties. This article uses a mixed methods study of the Australian legal brothel sector to critically explore the relationship between external regulation and working conditions. Two dominant models of sex industry regulation are compared: decriminalisation and licensing. First, the article documents workplace practices in the Australian legal brothel sector, examining sex workers’ agency, autonomy and control over the labour process. Second, it analyses the capacity of each regulatory model to protect sex workers from unsafe and unfair working conditions. On the basis of these findings, the article concludes that brothel-based sex work is precarious and substantively excluded from the protective mantle of labour law, notwithstanding its legality. It is argued that the key determinant of conditions in the legal brothel sector is the extent to which the state enforces formal labour protections, as distinct from the underlying regulatory model adopted.

scholarly journals Transnational Social Mobility Strategies and Quality of Work among Latin-American Women Sex Workers in Spain

2016 ◽  
Vol 21 (4) ◽  
pp. 188-200 ◽  
Author(s):  
Laura Oso
Keyword(s):  
Social Mobility ◽  
Sex Work ◽  
Latin American ◽  
Working Conditions ◽  
Sex Workers ◽  
American Women ◽  
Informal Workers ◽  
Quality Of Work ◽  
Female Sex

The aim of this article is to analyse the quality of work of two of the main types of female sex work in Spain (clubs and in-call flats). In order to do so I will focus on the following working dimensions: wages, power relations, skills, alienation, health, violence, work life and stigma. Firstly, the article seeks to highlight the structural factors that condition the quality of work of Latin American female sex workers in Spain. These factors are closely connected to policies regarding migration and sex work, which foment irregular work arrangements (undocumented migrants and informal workers). Secondly, I analyse entry formats (indebted or autonomous migration) and how they impact on working conditions. Thirdly, the article considers the migrant women's work choices and the resulting living and working conditions they may encounter. I intend to show that Latin American women sex workers in Spain might opt for a certain type of work within the context of strategic decisions, as linked to their migratory and social mobility projects. These decisions have a family and a transnational scope (country of origin, country of destination). The analysis presented is based on qualitative fieldwork (semi-structured interviews) carried out in Galicia (north-west Spain).

Regulating and representing camming: Strict limits on acceptable content on webcam sex platforms

2021 ◽  
pp. 146144482110591
Author(s):  
Hanne Marleen Stegeman
Keyword(s):  
Discourse Analysis ◽  
Critical Discourse Analysis ◽  
Sex Work ◽  
Working Conditions ◽  
Sex Workers ◽  
Critical Discourse ◽  
Sexual Expression ◽  
Discursive Construction ◽  
Digital Platforms ◽  
Sexually Explicit

This article analyses the discursive construction of the limits of webcamming in terms of service agreements by BongaCams, LiveJasmin and Chaturbate, three of the world’s most popular webcam sex platforms. Through this analysis, the moderation practices in the webcamming industry are examined. Regulation of sexual platforms and its implications for representations of online sex work are still largely unclear. Through a critical discourse analysis of seven webcam platform terms of service documents, this article scrutinises the norms for camming as dictated by industry leading platforms. This analysis shows that these platforms, for legal and financial reasons, reject the idea of camming as sexually explicit or as (sex) work. Such a construction of camming limits sexual expression online, obstructs online sex workers’ labour rights and perpetuates sex work stigma. This article sheds light on how digital platforms can establish and maintain norms which regulate users’ online expressions, working conditions and representations.

Analysis of Some of the Unanswered Questions That the Labour Collective Bargaining Presents Under the Framework of the Spanish Public Administration

2016 ◽  
Vol 14 (2-3) ◽  
Author(s):  
Carlos Arroyo
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Public Administration ◽  
Working Conditions ◽  
Legal Protection ◽  
The Public ◽  
Its Analysis

The collective bargaining over working conditions of employees in the Public Administration service finds a number of features that in some cases do not always have a clear legal protection and in others, they have some specific characteristics exclusively in the public sector, thus making it necessary to proceed to its analysis.

Special Privileges or Equality? Legal Protection for NPO Property Rights ‐ With a Discussion of the Meaning and Limitations of the “Public-Interest Property Rights” Concept

2010 ◽  
Vol 2 (1) ◽  
pp. 3-18
Author(s):  
Jin Jinping
Keyword(s):  
Property Rights ◽  
Public Interest ◽  
Legal Status ◽  
Legal Protection ◽  
Private Law ◽  
The Public

AbstractThe concept of “public-interest property rights” () has helped to clarify the jurisdiction over NPOs’ assets and has also underscored some special issues related to their use. At the same time, however, the concept may cause misconceptions about the legal status of NPOs’ property rights; NPOs’ exceptional characteristics should not negate their own property rights, nor should NPOs be granted any special legal status relative to other private law entities on their basis.

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 On Our Own Terms: The Working Conditions of Internet-Based Sex Workers in the UK

2016 ◽  
Vol 21 (4) ◽  
pp. 133-146 ◽  
Author(s):  
Teela Sanders ◽  
Laura Connelly ◽  
Laura Jarvis King
Keyword(s):  
Sex Work ◽  
Working Conditions ◽  
Sex Workers ◽  
New Technologies ◽  
Access To Justice ◽  
Sex Industry ◽  
Reporting Scheme ◽  
Online Technologies ◽  
The Uk ◽  
The Impact

The sex industry is increasingly operated through online technologies, whether this is selling services online through webcam or advertising, marketing or organising sex work through the Internet and digital technologies. Using data from a survey of 240 internet-based sex workers (members of the National Ugly Mug reporting scheme in the UK), we discuss the working conditions of this type of work. We look at the basic working patterns, trajectories and everyday experiences of doing sex work via an online medium and the impact this has on the lives of sex workers. For instance, we look at levels of control individuals have over their working conditions, prices, clientele and services sold, and discuss how this is mediated online and placed in relation to job satisfaction. The second key finding is the experience of different forms of crimes individuals are exposed to such as harassment and blackmail via the new technologies. We explore the relationship internet-based sex workers have with the police and discuss how current laws in the UK have detrimental effects in terms of safety and access to justice. These findings are placed in the context of the changing landscape of sex markets as the digital turn determines the nature of the majority of commercial sex encounters. These findings contribute significantly to the populist coercion/choice political debates by demonstrating levels and types of agency and autonomy experienced by some sex workers despite working in a criminalized, precarious and sometimes dangerous context.

scholarly journals Unacceptable Forms of Work in the Thai Sex and Entertainment Industry

2019 ◽  
pp. 108-126
Author(s):  
Leo Bernardo Villar
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Sex Work ◽  
Working Conditions ◽  
Sex Workers ◽  
Social Protection ◽  
Entertainment Industry ◽  
Decent Work ◽  
Civil Society Organisations ◽  
Police Harassment

This article examines the working conditions in sex and entertainment work in Thailand using the Unacceptable Forms of Work (UFW) Framework. Criminalisation of sex work and insufficient oversight of labour conditions increase the vulnerability of sex workers to police harassment; prevent sex workers from accessing legal and social protections; and contribute to the decent work deficit in the sector. Protecting the human rights of sex workers and ensuring decent work in the Thai sex and entertainment industry necessarily involves the decriminalisation of sex work; amending labour and social protection laws, policies, and systems to be inclusive of sex workers; and ensuring implementation. Throughout the process of policy change, the involvement of sex workers, their employers, and civil society organisations is crucial.

scholarly journals TRANSFORMATION OF SOVIET ADMINISTRATIVE LAW: UZBEKISTAN’S CASE STUDY IN JUDICIAL REVIEW OVER ADMINISTRATIVE ACTS

2020 ◽  
pp. 105-125
Author(s):  
Jurabek Nematov
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Legal Protection ◽  
Soviet Period ◽  
Legal Practice ◽  
Administrative Litigation ◽  
The Public ◽  
Legal Reforms ◽  
Legal Thinking ◽  
Judicial Protection

Judicial protection against individual and normative acts of the public administration continues to be problematic in Uzbekistan. One central reason for this mischief is the continuing prevalence of Soviet-style ideas and patterns in legal thinking as well as the legal practice. This article describes the problems of jurisdictions face when trying to overcome their Soviet heritage by developing legal protection in administrative matters, and analyses the strategies for the improvement of this situation. Key factors are a comprehensive and harmonised development of administrative procedure and administrative litigation in the field of legislation, and what might be termed a “constitutionalisation” of legal thinking, theory and teaching – i.e. the respect for values enshrined in Constitution such as the rule of law and access to judicial protection against the public administration – in the field of legal science. Uzbekistan is a good example how foreign partners and donors of international legal assistance can help strengthen these factors. This paper explores (1) to what extent Soviet thinking on judicial review over administrative acts has been set aside or to what extent is it still alive in today’s Uzbekistan, and (2) what are the transformation points of judicial review. Overall, I argue that Soviet thinking on judicial review over administrative acts has big change in legislation level under new regime of Uzbekistan, however legal reforms are not still accepted by legal practice, doctrine and legal education. To analyse these statements, the first step is to describe the main characteristics and legal reforms on judicial review over administrative acts taken in Soviet period (part II). Part III and IV analyses the current legal system and judicial practise of Uzbekistan. Lastly, I map out recent steps taken to introduce some reforms in the field of judicial review over administrative acts in Uzbekistan (part V).

scholarly journals 'I've Never Been So Exploited': The consequences of FOSTA-SESTA in Aotearoa New Zealand

2020 ◽  
pp. 99-115 ◽  
Author(s):  
Erin Tichenor
Keyword(s):  
Sex Work ◽  
Working Conditions ◽  
Sex Workers ◽  
Sex Trafficking ◽  
Health And Safety ◽  
Sex Industry ◽  
Structured Interviews ◽  
Aotearoa New Zealand ◽  
Safety Risks ◽  
Health And Safety Risks

Aotearoa New Zealand’s 2003 decriminalisation of sex work has reduced the exploitation of sex workers, as well as the health and safety risks in the industry. Nevertheless, United States-driven criminalising policies still influence sex workers abroad. The Fight Online Sex Trafficking and Stop Enabling Sex Traffickers Acts (FOSTA-SESTA) effectively criminalised websites where sex workers advertise. Shortly before that, the FBI shut down the internationally used Backpage.com, leading many sex workers in both countries to return to the streets or brothels. These events contributed to the rising dominance of one advertising website, NewZealandGirls.com. Drawing on twenty semi-structured interviews and four observation cases with sex workers in Auckland, in this paper, I explore the international consequences of FOSTA-SESTA and the closure of Backpage on my participants. I show that this punitive approach to segments of the online sex industry has not only placed sex workers in greater financial insecurity, but has reduced their ability to control their working conditions. These outcomes, I conclude, have undermined the positive impacts of decriminalisation, while exacerbating socioeconomic, racial, gender, and legal inequalities in Auckland’s sex industry.

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