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Old December 16th, 2006, 03:59 PM
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Prostitution and the law

According to the 1949 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, which has been ratified by 72 states: “prostitution and the accompanying evil of the traffic in persons . . . are incompatible with the dignity and worth of the human
person. . . .” Parties agree to punish anyone who:
• “procures, entices or leads away, for purposes of prostitution, another person, even with the consent of that person”;
• “exploits the prostitution of another person, even with the consent of that person”;
• “keeps or manages, or knowingly finances or takes part in the financing of a brothel”;
• “knowingly lets or rents a building . . . for the purposes of prostitution”.
In practice, governments have developed three basic legal fameworks concerning prostitution:
• Prohibition. The act of accepting payment for sex and sometimes paying for sex is illegal and punished. This is the situation, for example, in the Gulf States and in most of the United States.
• Criminalization. The law forbids certain activities related to payment for sex rather than paid sex itself. These activities include soliciting for clients, advertising, living off the earnings of prostitutes, recruiting prostitutes or helping them to circulate from one country to another. This is the most common legal framework for commercial sex throughout Western Europe, India, Southeast Asia, Canada, Australia and the Pacific and most of Latin America.
• Regulation refers to exceptions to criminal law made for those parts of the sex industry which comply with certain conditions. In the case of female sex workers, such systems are often linked to mandatory health checks.

Some examples:
In Brazil, prostitution is not illegal but it is illegal to operate a brothel, to rent premises to prostitutes, exploit children or live off the earnings of a prostitute.
In Canada, the law does not prohibit the act of prostitution but criminalizes a wide range of related activities like soliciting, living off the earnings of prostitution, operating premises, etc.
In Denmark, it is not illegal to provide sexual services so long as prostitution is not the main source of income (in which case the charge is vagrancy). Recruiting is illegal.
Greece and Turkey have both legalized prostitution. Women must register and attend clinics for regular examinations, in some cases as frequently as twice weekly.
In India, despite the many laws against the sex industry and traditional caste-bound prostitution, prostitution and trafficking is still common. Conditions are very bad for those involved.
In Senegal, it is illegal to aid, abet, procure or live off prostitution earnings or run a brothel. Female prostitutes must register, carry cards and have regular medical exams. Most women take part in the informal sector. Enforcement is weak.
In Thailand, it is illegal to be a prostitute or to live off a prostitute’s earnings. However, the laws are not consistently enforced.
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