LEGAL STATUS OF PROSTITUTION IN OTHER COUNTRIES

The prostitution law varies throughout the world. In some countries there may be complete ban on selling and buying prostitution services while on others there may be ban on either. It varies on the basis extent of regulation of the laws and its aspect thereof. Communication between the client and the worker, place for carrying prostitution activities and the involvement of other parties are few kinds on which there are variations in the laws.

In practice it is difficult to keep a hold on prostitution activities, even by making more and more stringent laws which includes capital punishment and incarceration. Prostitution is considered as a social stigma in various parts of the world. There is a death penalty for this offence in most of the middle-east countries as well as in few other countries.

  

Prostitution is illegal in majority of Africa, but the poverty driven people are being forced to adopt this profession in various regions of Africa which has resulted into widespread of HIV/AIDS. Whereas in Asia, there is a big discrepancy in the laws which are there in the books and the actual practice. Thailand is an example of such kind and it is being considered as a destination for sex tourism. In Japan also there are partial restrictions on prostitution.

In Europe the position is different from country to country, in European Union, prostitution is legal but associated activities are illegal. In United Kingdom, sex for money is legal but sex with a worker who has been forced into this profession is illegal. In Germany, prostitution is legal.

This way the prostitution laws vary from nation to nation throughout the world.  

http://en.wikipedia.org/wiki/Prostitution_by_country

CONSTITUTIONAL CHALLENGES/ NEED FOR LEGAL REFORM

The Canadian Charter of Rights and Freedoms which was passed in 1982 allowed the provision of challenging the laws regarding prostitution in Canada. In 1992, Supreme Court of Canada with the aim of abolishing prostitution banned public solicitation of prostitution.

 

The landmark case challenging provisions of prostitution laws of Canada is Bedford v. Canada. This case was launched in 2009 by three women, including two former prostitutes. They argued in an Ontario Court that provisions of Criminal Code violated section 7 of the Charter of Rights and Freedoms which guarantees, “life, liberty and security of person”.

 

The challenged provisions were related to the following:
a) Living on the avails of prostitute.
b) Communicating in a public place for purpose of prostitution.
c) Keeping a brothel or common bawdy. 

In 2010, Ontario Superior Court ruled that the above three provisions are unconstitutional as they force the prostitute to choose between right to freedom and the right to security.

 

This decision of the Ontario Superior Court was challenged by the federal government as well as the Ontario government. The 3 judge panel of Ontario Court of Appeal gave it decision in March 2012 which upheld the part of lower court’s decision. It gave 12 months’ time to abolish law prohibiting the operation of bawdy house while street prostitution law was remained unchanged. The third provision was redrafted which was about living on the avails of prostituted women.

 

This ruling of Ontario Court of Appeal was challenged by the Federal Government in Supreme Court of Canada and final decision was given in December 2013. The decision gave the government one year to introduce new laws regarding these provisions with a condition that the laws already there in Criminal Code will continue to stand until the completion of one year. 

http://www.evangelicalfellowship.ca/prostitutionlawreform

LEGAL STATUS OF PROSTITUTION IN CANADA

The Canada’s prostitution laws which are prevailing currently in the country do not intend to make prostitution illegal. In fact the activities relating to prostitution are illegal. Those activities which are a threat to the public order and are offensive to the public morals and decency are been prohibited, under the powers of the federal government.

The activities which are illegal under the provisions include:

• Owning, occupying, managing, leasing or being found in a bawdy house
• Living on the income of prostitution
• Procuring
• Communication in public place for prostitution purpose
• Person under the age of 18 years paying for sex
• Transporting some person to a bawdy house or for the purpose of exploitation

The above mentioned activities are covered under sections 210 to 213 of Criminal Code of Canada.

HISTORY OF PROSTITUTION IN CANADA

The Canadian law has been inherited from the United Kingdom. Nova Scotia was the first province to deal with laws on prostitution as early as in 1759. In 19^th century, prostitution was organised through brothels. Ottawa, Quebec city, Montreal and Toronto had brothel districts and sex, alcohol and gambling were being provided. During the First World War prostitution rate considerably increased due to rise of unemployment in women but it noticed downfall after Second World War. After Canadian Confederation many complex provisions were introduced which protected rights of women and children and the laws were consolidated in Criminal Code. The constitutionality of prostitution laws have been challenged many times after the introduction of Charter of Rights and Freedom law.

http://www.thecanadianencyclopedia.ca/en/article/prostitution/

http://en.wikipedia.org/wiki/Prostitution_in_Canada#History

INTRODUCTION

My topic for the blog assignment in business communication is prostitution laws in Canada. I selected this topic among all other topics because of the social impact of prostitution on the society it has become the most important issue of our society. For building the social equality and integrity among genders and to maintain public order, the issue of prostitution laws of Canada has become the major concern. A need for the reformation of its laws is being raised in the Parliament and the Courts.

MEANING OF PROSTITUTION:

Prostitution means to engage in sexual activity in exchange of money or some other kind of benefit. It is also called as commercial sex. This practice has been prevalent throughout the world since centuries and many people consider it as a curse on the society while others think it as opposite. Therefore, legal status of prostitution varies from country to country.

http://www.thecanadianencyclopedia.ca/en/article/prostitution/