| Summary: | Prostitution, the exchange of sex for money, poses a problem all over the
world.
At present in South Africa prostitution, according to article 20(1)(aA) of the
Sexual Offences Act 23 of 1957, is still described as a crime.
The four cardinal problems relating to prostitution experienced in South
Africa at the moment are the following:
⢠The high occurrence of violence experienced by sex workers in
their still illegal profession.
⢠The lack of control over the spreading of HIV-infection by and
to sex workers.
⢠The ineffective measures against and prevention of child
prostitution and trafficking in children and human beings.
⢠The absence of labour rights in the sex workerâs profession,
currently still illegal.
The South African Law Commission is currently reconsidering the issue
regarding the effectiveness of new regulative measures concerning
prostitution.
South Africa thus is currently faced with a choice regarding a new approach
to address prostitution in this country. Having studied the various approaches towards prostitution in several
countries, the author is convinced that, although a serious challenge, the
solution is to be found in between the regulation and labour approaches.
According to the regulation approach, the existence of prostitution is more or
less accepted but simultaneously regarded as a risk to social health and
social order. In order to safeguard society against the dangers related to
prostitution, it is regulated by the promulgating of regulations.
According to the labour approach sex work is acknowledged as a profession
and thus by decriminalizing sex work the opportunity is given to regulate sex
businesses by means of civil and labour legislation rather than by criminal
law.
The author is of the opinion that the decriminalization and related regulation
of prostitution in itself may relieve the violence sex workers are currently
subjected to. More effective control as to the spreading and prevention of
HIV by sex workers will also be enhanced by this. Sex workers will also
have access to labour legislation (applicable to any legal profession).
The greatest challenge to the acceptance of the proposed approach is in the
effective coping with and prevention of child prostitution and trafficking in
children and other human beings.
The necessity of the acceptance and implementation of legislation in order to
combat this crime as a prerequisite for the decriminalization of prostitution
in South Africa is therefore strongly emphasized by the author. In conclusion some measures are proposed concerning the implementation
of the possible decriminalization and regulation of prostitution in the near
future. Theses proposals relate to:
⢠The addressing of criminal offences reported by sex workers.
⢠Effective control as to the spreading of HIV by and to sex
workers.
⢠The prevention of child prostitution and trafficking in children
and human beings.
⢠The assurance of sex workerâs access to labour legislation.
The author, however, emphasizes the fact that the success of the proposed
approach depends not merely on thoroughly considered regulations, but also
on the effective enforcement thereof. This poses a major challenge to South
Africa as a developing country.
|
|---|
