63-556: Loi Marthe Richard (Marthe Richard Law) of 13 April 1946 abolished the regime of regulated prostitution in France that had been in force since 1804. It required the closure of brothels ("maisons de tolérance"). The law bears the name of Marthe Richard , who was a municipal councillor of Paris but not a parliamentary representative. On 13 December 1945, Marthe Richard, elected councillor of
126-574: A 2007 report by the UNODC ( United Nations Office on Drugs and Crime ), the most common destinations for victims of human trafficking are Thailand , Japan , Israel , Belgium , the Netherlands , Germany , Italy , Turkey , and the US . The major sources of trafficked persons include Thailand, China , Nigeria , Albania, Bulgaria , Belarus , Moldova , and Ukraine . Researchers at Göteborg University released
189-683: A BMC in Saigon . In the Indochina War, the French used women from the Ouled Naïl tribe of the highlands of Algeria . BMCs were known to have a significant role in the spread of sexually transmitted diseases and were an avenue of attack by female Viet Minh sympathizers. There was a vast BMC in Saigon known as "the park of the buffaloes", and in January 1954, a BMC containing Vietnamese and Algerian prostitutes
252-580: A form of exploitation in which males dominate women, and as a practice that is the result of a patriarchal social order. For example, the European Women's Lobby , which bills itself as the largest umbrella organization of women's associations in the European Union , has condemned prostitution as "an intolerable form of male violence". In February 2014, the members of the European Parliament voted in
315-767: A health and social file for prostitutes (law of 24 April 1946) in order to prevent prostitutes with a STI trying to evade the treatment of their disease. This law was little applied and was repealed on 28 July 1960, the date of French ratification of the United Nations Convention of 2 December 1949 for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others . (France's late ratification of
378-564: A non-binding resolution (adopted by 343 votes to 139; with 105 abstentions), in favor of the ' Swedish Model ' of criminalizing the buying, but not the selling of sex. In 2014, the Council of Europe made a similar recommendation, stating that "While each system presents advantages and disadvantages, policies prohibiting the purchase of sexual services are those that are more likely to have a positive impact on reducing trafficking in human beings". The Wolfenden Committee Report (1957), which informed
441-527: A policy to call the police if there were signs of trouble in order to protect the prostitutes safety. In systems where prostitution is not legal and regulated pimps also often use prostitutes "who are often under aged and forced to work or face severe consequences, therefore mitigating consent." Legalization and regulation can then enforce minimum age laws and employment rights for prostitutes to protect against such harms. Advocates of this method argue that if legal and regulated time and money could also be saved by
504-672: A prostitute (the client commits a crime, but not the prostitute). A similar law was passed in Norway and in Iceland (in 2009). Canada (2014), France (2016) the Republic of Ireland (2017) and Israel (2018; effective 2020) have also adopted a similar model to that of the Nordic countries ( Denmark and Finland excluded). The United Nations Convention for the Suppression of the Traffic in Persons and
567-677: A prostitute has tested positive for the virus. Prostitution outside the licensed brothels is illegal throughout the state; all forms of prostitution are illegal in Las Vegas (and Clark County , which contains its metropolitan area), in Reno (and Washoe County ), in Carson City , and in a few other parts of the state (currently 8 out of Nevada 's 16 counties have active brothels, see Prostitution in Nevada ). The United Nations Development Programme published
630-409: A public place, operating a brothel , and pimping , may be illegal. In many jurisdictions where prostitution is legal, it is regulated; in others it is unregulated. Where the exchange of sex for money is criminalized, it may be the sex worker (most commonly), the client , or both, who are subject to prosecution. Prostitution has been condemned as a single form of human rights abuse, and an attack on
693-506: A report in 2012 on illegal sex work in Asia and the Pacific. The report stated - "Criminalization increases vulnerability to HIV by fueling stigma and discrimination, limiting access to HIV and sexual health services, condoms and harm reduction services, and adversely affecting the self-esteem of sex workers and their ability to make informed choices about their health." The regulation of prostitution
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#1732869084514756-488: A report in 2010 that argued that prostitution laws affect trafficking flows. NGOs, academics and government departments often categorise the approach to prostitution laws and approach into 5 models: (selling sex) (buying sex) (organizing sex) All aspects of prostitution are criminalised. Often the sex trade is seen as a violation of human dignity, moral or religious beliefs; e.g. Russia (also known as "criminalization"). Neo-abolitionists believe there
819-458: A result of the laws. There are three obvious problems: In most countries where prostitution is illegal, the prohibition of the sex trade is subject to debate and controversy among some people and some organizations, with some voices saying that the fact that prostitution is illegal increases criminal activities and negatively affects the prostitutes. Those who support prohibition or abolition of prostitution argue that keeping prostitution illegal
882-474: A result, human trafficking and underage prostitution increase in order to satisfy this demand. A five-country survey of 175 men for the International Organisation for Migration found that 75% preferred female prostitutes aged 25 or under, and over 20% preferred those aged 18 or under, although "generally clients did not wish to buy sex from prostitutes they thought to be too young to consent to
945-414: A threat to their moral codes, while other parties view prostitution as a "necessary evil". Sex worker activists and organizations believe the issue of sex worker human rights is of greatest importance, including those related to freedom of speech, travel, immigration, work, marriage, parenthood, insurance, health insurance, and housing. Some feminist organizations are opposed to prostitution, considering it
1008-442: Is a consensual sex act between adults and a victimless crime, thus the government should not prohibit this practice. Many anti-prostitution advocates hold that prostitutes themselves are often victims, arguing that prostitution is a practice which can lead to serious psychological and often physical long-term effects for the prostitutes. In 1999, Sweden became the first country to make it illegal to pay for sex, but not to be
1071-480: Is a fact that more women than men are arrested, and the true extent of the crime is underreported. James (1982) reports that, in the United States, the arrest ratio of women to men was 3:2, but notes that many of the men arrested were the prostitutes rather than the clients. "By 1975, Thailand, with the help of World Bank economists, had instituted a National Plan of Tourist Development, which specifically underwrote
1134-532: Is also illegal] found they were 18 times more likely to be murdered than non-prostitutes their age and race." A paper by Barbara Brents and Kathryn Hausbeck of the University of Nevada concluded that "brothels offer the safest environment available for women to sell consensual sex acts for money." Prostitutes who experience violence can be more reluctant to call the police if they are involved in an illegal business and Brents and Hausbeck observed that brothel owners had
1197-652: Is also often prohibited. This model recognises that a prostitute may choose to work in the trade, however, the law is designed to stop prostitution impacting on the public. An example country where this system is in place is England . Whilst prostitution is not prohibited, there is legislation to control and regulate it. There are countries where prostitution is illegal and punishable with imprisonment. The extent and type of control varies from country to country and may be regulated by work permits, licensing or tolerance zones; e.g. The Netherlands (also called "regulationist"). A historical example of zone restricted legalization
1260-594: Is criminalized. Removing criminal prosecution for sex workers creates a safer and healthier environment and allows them to live with less social exclusion and stigma; e.g. New Zealand . Although prostitution is mainly performed by female prostitutes there are also male , transgender and transvestite prostitutes performing straight and/or gay sex work. In Vienna , in April 2007, there were 1,352 female and 21 male prostitutes officially registered. The number of prostitutes who are not registered (and therefore work illegally)
1323-513: Is legal and regulated, it is usual for the practice to be restricted to particular areas. In countries where prostitution itself is legal, but associated activities are outlawed, prostitution is generally not regulated. "A study of San Francisco prostitutes [where prostitution is illegal] found that 82% had been assaulted and 68% had been raped while working as prostitutes. Another study of prostitutes in Colorado Springs [where prostitution
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#17328690845141386-444: Is legal only because there is no law to prohibit it). In countries where prostitution is regulated, the prostitutes may be registered, they may be hired by a brothel, they may organize trade unions, they may be covered by workers' protection laws, their proceeds may be taxable, they may be required to undergo regular health checks, etc. The degree of regulation, however, varies very much by jurisdiction. .Such approaches are taken with
1449-635: Is necessary to carry out the purposes of what we have outlined. Views on what the best legal framework on prostitution should be are often influenced by whether one can view prostitution as morally acceptable or not; indeed Save the Children wrote: "The issue, however, gets mired in controversy and confusion when prostitution too is considered as a violation of the basic human rights of both adult women and minors, and equal to sexual exploitation per se. From this standpoint then, trafficking and prostitution become conflated with each other." In December 2012, UNAIDS,
1512-421: Is no free choice for people entering prostitution, it violates their human rights and prostitution is the sale and consumption of human bodies. Whilst prostitutes themselves commit no crime, clients and any third party involvement is criminalised; e.g. Sweden (also called the " Swedish model " or " Nordic model "). Prostitution itself is legal, but third-party involvement is generally prohibited. Solicitation
1575-401: Is not known. A recent study by TAMPEP , on the prostitute population from Germany, estimated that 93% of prostitutes were female, 3% transgender and 4% male. Arrest statistics show that in those states where buying and selling sex are equally illegal, the tendency is to arrest the service provider and not the customer, even though there are significantly more customers than sellers. Thus, it
1638-562: Is problematic because some standard labor regulations cannot be applied to prostitution. The typical relation between employer and employee where the employer is in a position of authority over the employee is, in the case of prostitution, viewed by many as contrary to the physical integrity of the prostitute. It is forbidden to order a person to have sex on a given moment at a given place. Many sex operators also do not want to pay social security contributions, which comes with paid labor. Therefore, many prostitutes, in countries where prostitution
1701-541: Is regulated, are officially listed as independent contractors . Sex operators typically operate as facilitators only and do not interfere with the prostitutes. The existence of regulated prostitution generally implies that prostitution is illegal outside of the regulated context. Bordel militaire de campagne Bordels Mobiles de Campagne or Bordel Militaire de Campagne ("Mobile Field Brothels" or "Mobile Military Brothel", both abbreviated to BMC ) were mobile brothels used during World War I , World War II and
1764-445: Is the best way to prevent abusive and dangerous activities ( child prostitution , human trafficking etc.). They argue that a system which allows legalized and regulated prostitution has very negative effects and does not improve the situation of the prostitutes; such legal systems only lead to crime and abuse: many women who work in licensed brothels are still controlled by outside pimps ; many brothel owners are criminals themselves;
1827-519: Is the institution of 'red-light' districts in Japan in the early 17th century, most famously the Yoshiwara district of Edo . In countries where prostitution is illegal, there are activists promoting the legalization of prostitution. The decriminalization of sex work is the removal of criminal penalties for sex work. In most countries, sex work , the consensual provision of sexual services for money or goods,
1890-415: Is tolerance of inegalitarian sexuality in which male sexual demands can override women's sexual autonomy and overall well-being. In some countries, (or administrative subdivisions within a country), prostitution is legal and regulated . In these jurisdictions, there is a specific law, which explicitly allows the practice of prostitution if certain conditions are met (as opposed to places where prostitution
1953-546: The 4th arrondissement of Paris , presented to the Conseil municipal de Paris a proposal for the closure of Paris brothels. In her speech, she did not attack prostitutes as much as society, responsible in her view, of "organised and patent debauchery " and organized crime , which benefits from regulated prostitution . She also reminded the council that prostitution was complicit with the German occupation during WW2 . The proposal
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2016-483: The Chamber of Deputies . The closure of brothels takes effect from 6 November 1946. Withdrawing the administrative authorizations without compensation marked the end of legalisation and the start of a policy of abolitionism. After the adoption of the law, Marthe Richard ensured that article 5, which ended keeping national files on prostitution, in which she was still recorded, was enacted. These police records were replaced by
2079-655: The First Indochina War to supply prostitution services to French soldiers fighting in areas where brothels were unusual, such as at the front line or in isolated garrisons . The BMCs were significant drivers towards the creation of prostitution regulations within the French army. These mobile brothels were, in some cases, officially organised by the army. They consisted of large trailer trucks in which up to ten women would work. The first references to these BMCs were in World War I, and they are noted particularly in
2142-547: The "maisons". For instance, they point to the presence of military brothels in Algeria till 1960. Regulated prostitution Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession , while at the other extreme, it is considered a severe crime punishable by death in some other places. A variety of different legal models exist around
2205-475: The 3rd floor of 36, quai des Orfèvres since it emanated from Marthe Richard, who was herself a prostitute until around 1915, when she wanted to make a clean sweep of her past. The police do not like the law because it risks depriving it of one of its sources of information (from the prostitutes). Prostitution was still a legal activity, only its organization, exploitation ( procuring ), its visible manifestations and offense of soliciting are prohibited by law, however
2268-732: The Crusaders that he arranged for a full boat of "girls of joy" to be sent from France. The first BMCs probably appeared during the period of military control of Algeria (1830-1870), following its conquest by the French army. The BMCs remained limited to the army in Africa until the First World War . They then arrived in France, where Indigenous units from the colonies arrived. The military command did not want Indigenous soldiers to have sex with local women for racist and classist reasons, but also to prevent
2331-400: The Exploitation of the Prostitution of Others favors criminalizing the activities of those seen as exploiting or coercing prostitutes (so-called "pimping" and "procuring" laws), while leaving sex workers free from regulation. The Convention states that "prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with the dignity and worth of
2394-693: The Indochina War and the Algerian War . Subsequently, only the Foreign Legion still used them and closed the last BMC on French soil, in Guyana, in 1995. The BMC in Djibouti was still operating until 2003. It is said that the habit of "brothels to soldiers" was started during the Third Crusade by Philip II of France . According to tradition he was so shocked by the extent of sodomy and rapes committed by
2457-668: The Joint United Nations Programme on HIV/AIDS , released the "Prevention and treatment of HIV and other sexually transmitted infections for sex workers in low- and middle- income countries" document that contains the following "Good practice recommendations": Legal themes tend to focus on four issues: victimization (including potential victimhood), ethics and morality , freedom of the individual , and general benefit or harm to society (including harm arising indirectly from matters connected to prostitution). Many people who support legal prostitution argue that prostitution
2520-599: The Minister of Public Health and Population, Robert Prigent . On 9 April 1946, MP Marcel Roclore presented the report of the Committee on the Family, Population and Public Health, and concluded that the closure of brothels was necessary. The deputy Pierre Dominjon, member of the Ligue pour le relèvement de la moralité publique, tabled a proposal for a law which was voted on 13 April 1946 in
2583-580: The Ministry of the Armed Forces authorised the continued use of BMCs for North African units while stationed in Metropolitan France, the prostitutes for these BMCs coming from Algeria. BMCs were generally mobile and temporary and should be distinguished from "reserved areas" close to permanent garrisons, such as Bousbir de Casablanca . French literature has several times mentioned the "Buffalo Park",
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2646-599: The Rights of the Child creates specific obligations. Article 34 stipulates that: As of 2000, twenty-four countries had enacted legislation criminalising child sex tourism , e.g. in Australia, the Crimes (Child Sex Tourism) Amendment Act 1994 covers a wide range of sexual activities with children under the age of 16 committed overseas. Laws with extraterritorial application are intended to fill
2709-531: The act of selling or buying sexual services is not a violation of human rights." The term "sex work" is used interchangeably with "prostitution" in this article, in accordance with the World Health Organization (WHO 2001; WHO 2005) and the United Nations (UN 2006; UNAIDS 2002). In most countries, sex work is controversial. Members of certain religions oppose prostitution, viewing it as contrary or
2772-577: The convention was due to the existence of brothels in its colonial empire). Approximately 1,400 establishments were closed, including 195 in Paris (177 official establishments): the best known were Le Chabanais , Le Sphinx , La Fleur blanche , One-Two-Two but also the maisons d'abattage ("slaughterhouses") such as Le Fourcy and the Lanterne Verte . This law caused smiles at the Brigade Mondaine of
2835-492: The creation of a legal and regulated prostitution industry only leads to another parallel illegal industry, as many women do not want to register and work legally (since this would rob them of their anonymity) and other women can not be hired by legal brothels because of underlying problems (e.g., drug abuse ); legalizing prostitution makes it more socially acceptable to buy sex, creating a demand for prostitutes (both by local men and by foreigners engaging in sex tourism ) and, as
2898-489: The debate in the United Kingdom , states: [the function of the criminal law is] to preserve public order and decency, to protect the citizen from what is injurious or offensive and to provide safeguards against the exploitation and corruption of others, ... It is not, in our view, the function of the law to intervene in the private lives of citizens, or to seek to enforce any particular code of behaviour, further than
2961-432: The dignity and worth of human beings. Other schools of thought argue that sex work is a legitimate occupation, whereby a person trades or exchanges sexual acts for money and/or goods. Some believe that women in developing countries are especially vulnerable to sexual exploitation and human trafficking , while others distinguish this practice from the global sex industry, in which "sex work is done by consenting adults, where
3024-597: The first two years after this began. In Dutch cities that licensed the sex workers that are legally able to work in these zones rapes and sexual abuse fell by up to 40%. A few jurisdictions require that prostitutes undergo regular health checks for sexually transmitted diseases . In Nevada , state law requires that registered brothel prostitutes be checked weekly for several sexually transmitted diseases and monthly for HIV; furthermore, condoms are mandatory for all oral sex and sexual intercourse . Brothel owners may be held liable if customers become infected with HIV after
3087-461: The gap when countries are unwilling or unable to take action against known offenders. The rationale is that child-sex offenders should not escape justice simply because they are in a position to return to their home country. There is little research into whether the child sex tourism legislation has any real deterrent effect on adults determined to have sex with children overseas. It may be that these people are simply more careful in their activities as
3150-549: The human person". Sigma Huda , a UN special reporter on trafficking in persons said: "For the most part, prostitution as actually practiced in the world usually does satisfy the elements of trafficking. It is rare that one finds a case in which the path to prostitution and/or a person’s experience with prostitution does not involve, at the very least, an abuse of power and/or an abuse of vulnerability. Power and vulnerability in this context must be understood to include disparities based on gender, race, ethnicity and poverty. Put simply
3213-496: The police continue to tolerate bawdy houses. Many brothel owners turned themselves into owners of clandestine inns concentrated around French and American military barracks as well as in major cities. Whilst the law provided for the collection of prostitutes in "reception and outplacement centers", many continued their activities clandestinely. Critics of French prostitution policy, such as Mouvement du Nid, question how effective this was, its implementation, and whether it really closed
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#17328690845143276-453: The police force, public defenders, and the judicial system in not prosecuting prostitutes and their clients, which could then be better spent targeting pimps and providing health care for prostitutes. When tippelzones or areas where street prostitutes could work legally opened in areas of major cities in the Netherlands researchers found a 30 to 40% drop in reports of rape and sexual abuse in
3339-463: The potential of introducing a minimum age requirement to become a sex worker, enter a brothel, and to engage in sexual activity with a sex worker. Dutch researchers have found significant reductions in drug-related crime in areas where prostitution is legal and licensed. "In cities with both a tippelzone and a licensing requirement, for instance, they found a 25 percent reduction in drug-related crimes within two years." In countries where prostitution
3402-482: The road to prostitution and life within “the life” is rarely marked by empowerment or adequate options." However, sex worker activists and organizations distinguish between human trafficking and legitimate sex work, and assert the importance of recognizing that trafficking is not synonymous with sex work. The Sex Workers Alliance Ireland organization explains: "victims of human trafficking may be forced to work in industries such as agriculture, domestic service as well as
3465-578: The sex industry. It is critical to distinguish human trafficking, which is a violation of human rights, from voluntary migration." The Open Society Foundations organization states: "sex work is done by consenting adults, where the act of selling or buying sexual services is not a violation of human rights. In fact, sex workers are natural allies in the fight against trafficking. The UNAIDS Guidance Note on HIV and Sex Work recognizes that sex worker organizations are best positioned to refer people who are victims of trafficking to appropriate services." According to
3528-595: The sex industry... Without directly subsidising prostitution, the Act [the Entertainment Places Act] referred repeatedly to the personal services' sector. According to Thai feminist Sukyana Hantrakul, the law 'was enacted to pave the way for whorehouses to be legalised in the guise of massage parlours, bars, nightclubs, tea houses, etc." With particular reference to children, the United Nations Convention on
3591-434: The sexual encounter." Some have argued that an extremely high level of violence is inherent to prostitution; they claim that many prostitutes have been the subject of violence, rape and coercion before entering prostitution including as children, and that many young women and girls enter prostitution directly from state care in at least England, Norway, Australia and Canada. Abolitionists believe tolerance of prostitution
3654-610: The stance that prostitution is impossible to eliminate, and thus these societies have chosen to regulate it in an attempt to increase transparency and therefore reduce the more undesirable consequences and reduce harm . Goals of such regulations include controlling sexually transmitted disease , reducing sexual slavery, increasing safety for sex workers and clients (such as from violence, abuse and murder), ensuring fair pay, fair work hours and safe and clean working conditions, controlling where brothels may operate and dissociating prostitution from crime syndicates . Regulation also allows for
3717-686: The troops from getting infected by venereal diseases , such as syphilis , which was not curable at the time ( penicillin was only available from 1944). Despite this, four years of war saw the infection of 400,000 men. Initially, no official designation was given to the BMCs. The acronym first appeared in the 1920s with the regulation of signs in the French army, and from then on, BMCs were mentioned in military documents. Military officials actively provided prostitutes for their troops. The "association des maitres et maitresses d'hôtels meublés de France et des colonies" played an almost official co-ordinating role. It
3780-415: The world, including total bans, bans that only target the customer, and laws permitting prostitution but prohibiting organized groups, an example being brothels. In many jurisdictions, prostitution – the commercial exchange of sex for money, goods, service, or some other benefit agreed upon by the transacting parties – is illegal, while in others it is legal, but surrounding activities, such as soliciting in
3843-706: Was flown to Dien Bien Phu . Here, the prostitutes became nursing assistants for the French garrison during the siege , However, they were sent for re-education by the Viet Minh after the garrison fell. The last BMC in France, that of the Foreign Legion 2nd Foreign Parachute Regiment in Calvi , Corsica was closed in 1978. The last BMC on French territory , that of the Legion in Kourou , French Guiana closed in 1995, following
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#17328690845143906-553: Was governed by a law of 1 July 1901, located at 73 rue de Nazareth, Paris . The prostitutes were volunteers. The military brothels multiplied during the interwar period, as almost every town with a garrison or a regiment had a BMC. During the colonial wars, the organisation and attendance of BMC was public knowledge and encouraged by the army, especially in Indochina and Algeria ("the candy box"). In France, brothels were prohibited by " Loi Marthe Richard " in 1946. However, in 1947,
3969-575: Was voted and on 20 December 1945, the police prefect , Charles Luizet, was authorised to close, without notice, the houses of prostitution in the Department of the Seine within 3 months (by 15 March 1946 at the latest). Encouraged by this success, Marthe Richard started a press campaign for a vote on a law generalising these measures to all France. It is supported by the " Ligue pour le relèvement de la moralité publique " (League of Social and Moral Action) and by
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