The Possible Decriminalization of Sex Work in South Africa
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): Cornelius Press
Publication Date (yyyy/mm/dd): 2018
By Scott Douglas Jacobsen
Skye Wheeler in Human Rights Watch reported on sex work in South Africa.
It remains a political and social hard issue for the public and the politicians because of the wide variety of extreme reactions in response to the possibility of its decriminalization. A decriminalization, of course, would be different than a legalization in some ways.
A decriminalization would remove the blanket penalty for it. While the legalization would permit what was not there or be in effect after the decriminalization; however, this amounts to a straightforward decriminalization possibility.
As stated by Wheeler, “South Africa’s Law Review Commission late last year recommended that sex work remain fully criminalized, i.e. a criminal offense to both sell and purchase sex. Now, eyes are on the justice ministry to see whether it will follow this recommendation or whether a radically new approach and law are needed.”
There was a panel on sex work entitled “Is it work, and is it a choice?” The was convened by the Catholic Parliamentary Liaison Office and the Hanns Seidel Foundation. The event happened on June 21 in Cape Town.
The individuals who took part were “South Africa’s Deputy Minister of Justice and Correctional Services John Jeffery; former UN Human Rights Commissioner and judge Navi Pillay, a global luminary of women’s rights; and long-time warrior for South African sex worker rights, Kholi Buthelezi.”
The issue of sex work and its ethical implications are hard problems around the world. Do we outlaw it? Do we legalize it fully? Do we do a bit of both depending on issue? This remains a quandary around the world. Is it a violation of women’s rights? Or is it an example of women’s economic and social self-empowerment? I have heard many views. As with any complicated matter, I note legitimate ethical and moral precepts in each view.
However, the principles conflict and the dialogues are needed to suss them out for the values of the country. What seems appropriate for most people most of the time in a democratic society?
“Sex work is a contentious issue everywhere, tearing the global women’s rights movement in two. One side believes sex work – they prefer the term “prostitution” – is inherently abusive and should be eradicated through criminalizing the purchase of sex,” the article stated, “At the panel, the group Equality Now shares this view. The other side believes sex work as a whole should be decriminalized to better enable sex workers to avail of protection of the law from beatings, harassment, rape, and other abuse (a position held by Human Rights Watch and Amnesty International). At the panel, South African sex worker organizations Sisonke and SWEAT hold this view.”
The reportage talked about 40 sex workers being interviewed during the month of publication. Where the obvious answer to them is not pure criminalization; also, the arrests for simply standing around in “hot spots” should stop too.
It forms the basis for legitimizing police harassment of civilians. The sex worker has some hard conditions in which they work. In fact, the majority of the sex workers supported the full decriminalization of sex work.
The article concluded, “Public discussion like this panel is crucial. But more crucial is the direct involvement of sex workers themselves who need to be consulted and whose needs, realities, and perspectives should be taken fully on board. Such an informed discussion should lead to decriminalization of sex work.”
License
In-Sight Publishing by Scott Douglas Jacobsen is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Based on a work at www.in-sightjournal.com.
Copyright
© Scott Douglas Jacobsen and In-Sight Publishing 2012-2022. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Scott Douglas Jacobsen and In-Sight Publishing with appropriate and specific direction to the original content. All interviewees and authors co-copyright their material and may disseminate for their independent purposes.
In-Sight Publishing 
Comments are closed.