Laws on prostitution and Feminism (Essay Sample)

Laws on prostitution in Canada and Feminism
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Question chosen
How does the Supreme Court of Canada's December 20th, 2013 ruling to strike down existing legislation related to sex work as unconstitutional reflect liberal feminist perspectives on the sex trade?
Laws on prostitution in Canada and Feminism
Thesis Statement: Prostitution has become a social challenge due to the dynamics of the society despite its negative implication especially on women.
Introduction
In Canada, prostitution is illegal. Interestingly, the majority of the activities of prostitution are prohibited. The Supreme Court of Canada on December twentieth, 2013 ruled to strike down the existing legislation related to sex work as unconstitutional. The reasons behind the ruling illuminated that prostitution not only endangers vulnerable women but also contravenes the basic fundamental values of the country. The ruling was not about the legality or illegality of prostitution. It was based the arguments on the existing control measures of controlling the activity. It was viewed to violate the inherent rights of the sex workers (Sean, 2013). Moreover, the nuisance in the society can be regulated but not at the expense of the safety, health and lives of individuals.
The constitution does not hamper Sale of sex for cash. However, the harm on the laws should not exceed the objectives of the federal government adopting it. The court advised the government through the parliament to revise the laws on sex trade. Furthermore, the federal government argued that sex workers chose to embrace affirmatively risks that emanate from the dangerous trade (John, 2014). One of the dangers is violence on women by their clients. On the screens of reality, most prostitutes who resort to the trade are not usually driven by their accord but other factors. Therefore, this paper seeks to elaborate conceptions about prostitution by incorporating feminism (Native Women's Association of Canada, 2015).Prostitution has become a social challenge due to the dynamics of the society despite its negative implication, especially on women.
Laws on prostitution in Canada
Some of the prohibited activities are: prostitutes are not allowed to offer their services outdoors or even outside their homes and to depend on the avails of prostitution aimed at another individual benefiting from another's prostitution. It is inclusive of offering their services in public. The prohibition of not offering services outdoors is aimed at deterring the community from disruption, and that concerning living on avails of the sex trade is aimed at the eradication of pimps. On the other hand, prohibiting prostitutes from publicly offering services is channeled towards eradicating sex work out of the public view hence minimizing nuisance. However, there are several feminists with varied opinions on the issue in a discussion (John, 2014).
Other feminists perceive prostitution to be bad and retrogressive especially the steps taken towards female equality while some have a contrary opinion. They vindicate their views that prostitution is illegal and should be decriminalized. This debate has always resonated across the entire globe yet consensus has never been reached or rather there are no clear indications that suggest that consensus will ever be reached. The issue in question has stagnated as the pros and cons for prostitution tend to take hard-line stands (Sean, 2013).
Others argue that sex working is morally wrong. The basic fundamental values within a society should dictate that any activity within the society should be that which upholds good virtues in the community. However, examining the issue using high definition (HD) quality glass and filtering several perspectives into the screens of reality and truth suggest otherwise. It's only possible in an ideal society as opposed to the real world where individuals encounter several challenges (John, 2014).
During the lawsuit in the case mentioned above, several religious leaders condemned the act using the strongest terms possible. That is quite understandable since the main role of religious bodies is to ensure that morals in the society are upheld. The religious leaders have the task of enforcing the good morals through their teachings to their congregation. It is true that the individuals, especially those with high living standards are out of touch with the dynamic of the society. They fail to comprehend factors that compel person(s) into acts such as prostitution. They are unconsciously blinded by their background and status in the community (Sean, 2013).
Causes of prostitution
The proliferation of sex trade can be attributed to several facets of the societal happenings. One of the causes is that majority of families have been unable to protect their members especially the adventurous ones. To add to that, the standards of conduct in the society have subsided due to the illusion of the need for impersonal contact aimed at creating an impression. The dynamics within the society has led to the struggle for homes to provide security to the young individuals. They face the challenge of having to conform to their peers who receive paltry offering in the streets (Flowers, 2011). Besides, little success has been achieved in the education on homes making skills and techniques that are likely to not only impact moral values within the communities but also to minimize cases of sex trade activities.
The other factor has usually been the challenge of people adjusting to form the racial habits that differ from groups of individuals (Lui, 2011). Apparently, the traditional sanctions that the society had embedded in their ways of life have deteriorated at an alarming rate. That is a concern that has to leave more questions than answers since a community that does not pay homage to its moral obligations is one that is headed to the doldrums. The other compounding factors besides those stipulated above are: lack of or little knowledge of the laws concerning sex; the inability for partners to perpetuate fidelity within the confine of the commitment to marriage vows; working conditions that are demoralizing; the weak minded are unable to protect themselves, and search for source of income which has become hard to come by. The need for income to sustain individuals is aggravated by the need for empowerment and independence (De, 2010).
The major perceived causative of prostitution can be associated with childhood sexual abuse. The probability of those individuals especially women who were sexually abused at mitochondrion age being vulnerable to prostitution is great in adulthood. Moreover, women in prostitution are more exposed to sexual abuse in comparison to those that are not. Child sexual abuse has the potential of altering an individual's orientation and distorting self-concept and emotional stability (Lui, 2011). It consequently results in low self-esteem, depression, problems pertaining interpersonal relationship, and physical and emotional problems. These children in their upbringing usually display misconception about sex as their behaviors usually don't commensurate with their age. It is for these reasons that victims of sexual abuse at a tender age are vulnerable to being involved in abusive and relationships that are sexually exploitative when they are adults (De, 2010). For an instant, Terri-Jean Bedford one of the individuals who filled a case on the Canada's prostitution laws testified that she was abused when she was a child. She further highlighted that she ventured into prostitution on to be able to afford drugs for quenching her drug addiction and that of her elderly thirty-seven-year-old boyfriend. She was raped on numerous occasions (Lui, 2011).
Liberal feminists on sex work
Most liberal feminists’ positions on prostitution support decriminalization of sex trade. They argue that prohibiting sex trade is unconstitutional since it interferes with individual rights of control to their bodies as well as preventing women protection under the law. They tend to aggravate for little or lack thereof government interference in the lives of the sex workers on the presumption that human being have space for human existence. They, however, contend to the fact that women entry into the industry is due to the lack of employment opportunities. Daniel (2013) claims that sex work can be viewed as a profession. It entails a social contract where mature adults consent and that the sex workers offer services within a certain amount of time and is a free worker just like other workers in different labor facets. Contractarian feminist view prostitutes as individuals who own property and contracts the property to labor power. The radicals are convicted that they do not sell their bodies but sell services.
On the other hand, other feminists have strongly emerged to condemn strongly prostitution pointing out that the activity degrades women and thus should not be encouraged (Native Women's Association of Canada, 2014).
The effects of decriminalization of prostitution in Canada
Sex workers in the country are the most marginalized persons in the community and decriminalization of sex work is likely to affect their lives. It's contrary to the majority of the sex workers perception that it will not only improve but also elevate their lives. The decriminalization will minimize the businesses at the sex entertainment joints such as str...