On March 26, 2012 the Ontario Court of Appeal (OCA) announced a ruling that could change Canada’s current prostitution laws. Although prostitution, the exchange of sexual services for money or other goods, is legal in Canada there are elements of the criminal code that surround sex work that are illegal. The OCA ruled on three of those provisions. The OCA ruled that provision restricting “common bawdy houses” be struck down so that sex workers could work indoors and in groups to increase safety. Secondly, the OCA found that the provision restricting “living on the avails” of prostitution criminalizes non-exploitive relationships, and held that this provision should only apply where there are “circumstances of exploitation.” Lastly, the OCA upheld the provision criminalizing communicating for the purpose of prostitution, holding that the purpose of the provision, reducing nuisance and harm to communities, is legitimate and must be weighed against the harms it causes. Although these changes in the prostitution laws will only apply in Ontario, the persistent has been set for across the country. It is also widely speculated the matter will continue on to the Supreme Court of Canada within the next year.
There are many positive steps forward with the changes in the prostitution laws. When it comes to change in the common bawdy house provision, sex workers will be able work in locations that they are familiar with, such as their homes or other safe locations. Sex workers will also be able to work in groups to increase their safety. The change in the living off the avails allows for those involved in the sex industry to increase their safety by being able to hire staff to act as security, drivers or receptionists.
The victory, however, was only partial. Upholding the law against communicating for the purpose of prostitution decreases a sex worker’s ability to communicate for his or her own safety. This provision particularly impacts the most marginalized and vulnerable. It is most often street based sex workers who are charged with communication for the purpose of prostitution. With the change in the bawdy house law, some argue that isn’t as much of a concern as people can work indoors. Although simply moving indoors seems like an easy alternative, it is not always that simple. Moving indoors means that the sex worker needs to have a safe space indoors to work in, which may not always be the case. Moving indoors could also mean the need to acquire an escort license, which takes a fee and a criminal record check that can be a barrier. For those sex workers who work on the street, their chance of being charged increases. Being criminalized can open up a whole lot of challenges from fines, a criminal record, and involvement in the justice system to name a few. Criminalization creates barriers to staying safe and in fact exiting sex work.
Regardless of whether a sex worker is working outdoors or indoors, safety is not present without the ability to communicate. Communication enables the sex worker to screen potential clients and clearly address services, fees, and locations without fear of being charged. Preventing communication takes away sex workers’ voices and their ability to manage their own personal safety.
Laws that prohibit prostitution do not end people’s involvement in sex work just as decriminalizing prostitution does not encourage people to enter into the sex industry. There will always be people involved in sex work, what is essential is to support those who want to leave sex work in doing so and to ensure safety for those individuals who are not exiting the sex industry.
AIDS Calgary supports the decriminalization of sex work and is pleased to see steps in this direction. For more information on AIDS Calgary’s position statement in support of decriminalization, please see: http://www.shiftcalgary.org/Past_Events.html
Thursday, March 29, 2012
Thursday, March 15, 2012
Different Colours
Have you ever noticed that condoms come in different colours, flavours, textures, and materials? Consider the plethora of shapes, sizes, as well as other enhancements such as lubricants, spermicides and so on. Not to forget existence of female condoms and dental dams. Condom manufacturers are not stopping there either. It is reported that durex will be launching condoms with a Viagra® -like substance to curb condom induced erectile dysfunction (Huffington Post, 2011). With so many options, there is surely a condom for everyone. Like many other things in life, we need to give a couple a whirl before deciding on which styles work best to protect from numerous infections including HIV; as well as keeping our lives fun and interesting.
Condoms have not always come in an array of shapes and sizes. In fact, people from generations before us did not have as many options as people in contemporary society do. There is evidence to suggest the first protective sheaths were developed as early as 100-BC. (Avert, 2011). Debate on which civilization developed the concept is still out there. Historians, anthropologists and health scientists have witnessed condom-like material from ancient Egypt, Greece, Rome, and some parts of Asia. Early condoms were made out of linen, silk paper, shells and other materials. Rather difficult to imagine what that would have been like eh?
Europe experienced a surge in new syphilis infections around the 1500’s that helped put condoms on the map. Gabrielle Fallopius is credited for publishing the first article confirming the protective properties of linen condoms. It was also around this time that they discovered proper use of condoms could indeed prevent pregnancy (Avert, 2011). One could argue the first condom enhancements took place at this time as well. Scientists learned dipping condoms in some chemicals could kill sperm- this further enhanced the protective characteristics of condoms. By the late 1700’s hand made condoms thrived. Some pharmacies took the initiative to raise condom awareness through advertisements and handbills.
Condoms of the rubber sort did not emerge till about the 1800’s, Goodyear and his partner- yes the tire guys; developed a process that could turn rubber into a stretchy elastic substance (lovepanky, 2011). This made it easy for manufactures to make condoms using a hand dipping process. Rubber cement condoms however aged quickly and were known to break. So in 1919 Frederick Killian decided to try latex instead of rubber. This actually worked well. In addition to making them stronger, he was able to rid them of the strong, unpleasant rubber scent. Creature comforts we take for granted today such as lubricant were added to condoms in by 1957 by durex (Avert, 2011).
Since then condom enhancements have occurred left-right and center. Examples include the introduction of female condoms in 1992 (Avert, 2011). It is also around the same time color and flavor was added to the mix. Other materials such as polyurethane for individuals with allergies or different preference were launched. It should be stressed however that not all condoms protect against HIV and some STI’s. Be sure to carefully read the label and contact a sexual health center or AIDS service organization should you have any doubts, questions and or concerns. If everything checks out; let the sparks fly!
References
‘Viagra Condom’ Durex CSD500 Coming to Europe. (2011, August 5). Huffington Post. Retrieved from http://www.huffingtonpost.com/2011/05/09/viagra-condom-durex-csd500-_n_859640.html
Condoms: Effectiveness, History and Availability. (2011). Retrieved October 3, 2011, from http://www.avert.org/condoms.htm
Facts About Condoms. (2011) Retrieved October 3, 2011 from http://www.lovepanky.com/sensual-tease/sizzle/facts-about-condoms
This article was written by AIDS Calgary’s Outreach worker. Retrieved from the A Word on Thursday, December 22, 2011.
Condoms have not always come in an array of shapes and sizes. In fact, people from generations before us did not have as many options as people in contemporary society do. There is evidence to suggest the first protective sheaths were developed as early as 100-BC. (Avert, 2011). Debate on which civilization developed the concept is still out there. Historians, anthropologists and health scientists have witnessed condom-like material from ancient Egypt, Greece, Rome, and some parts of Asia. Early condoms were made out of linen, silk paper, shells and other materials. Rather difficult to imagine what that would have been like eh?
Europe experienced a surge in new syphilis infections around the 1500’s that helped put condoms on the map. Gabrielle Fallopius is credited for publishing the first article confirming the protective properties of linen condoms. It was also around this time that they discovered proper use of condoms could indeed prevent pregnancy (Avert, 2011). One could argue the first condom enhancements took place at this time as well. Scientists learned dipping condoms in some chemicals could kill sperm- this further enhanced the protective characteristics of condoms. By the late 1700’s hand made condoms thrived. Some pharmacies took the initiative to raise condom awareness through advertisements and handbills.
Condoms of the rubber sort did not emerge till about the 1800’s, Goodyear and his partner- yes the tire guys; developed a process that could turn rubber into a stretchy elastic substance (lovepanky, 2011). This made it easy for manufactures to make condoms using a hand dipping process. Rubber cement condoms however aged quickly and were known to break. So in 1919 Frederick Killian decided to try latex instead of rubber. This actually worked well. In addition to making them stronger, he was able to rid them of the strong, unpleasant rubber scent. Creature comforts we take for granted today such as lubricant were added to condoms in by 1957 by durex (Avert, 2011).
Since then condom enhancements have occurred left-right and center. Examples include the introduction of female condoms in 1992 (Avert, 2011). It is also around the same time color and flavor was added to the mix. Other materials such as polyurethane for individuals with allergies or different preference were launched. It should be stressed however that not all condoms protect against HIV and some STI’s. Be sure to carefully read the label and contact a sexual health center or AIDS service organization should you have any doubts, questions and or concerns. If everything checks out; let the sparks fly!
References
‘Viagra Condom’ Durex CSD500 Coming to Europe. (2011, August 5). Huffington Post. Retrieved from http://www.huffingtonpost.com/2011/05/09/viagra-condom-durex-csd500-_n_859640.html
Condoms: Effectiveness, History and Availability. (2011). Retrieved October 3, 2011, from http://www.avert.org/condoms.htm
Facts About Condoms. (2011) Retrieved October 3, 2011 from http://www.lovepanky.com/sensual-tease/sizzle/facts-about-condoms
This article was written by AIDS Calgary’s Outreach worker. Retrieved from the A Word on Thursday, December 22, 2011.
Thursday, March 8, 2012
Human Trafficking & Sex Work: What’s the Difference?
Although the terms human trafficking and sex work are often used interchangeably, there is actually a difference between the two. It is valuable to know the difference between sex work and trafficking so that we can understand & address the very real issues surrounding human trafficking and debunk the myths that surround this subject.
First, let’s look at what trafficking is. According to the UN’s definition, trafficking in persons “shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”
What’s all that mean? It means that for trafficking to occur, three parts must be included: A process of recruitment (transporting, harbouring, or receiving a person as example), a method in which that is done (threats, abduction, fraud etc) for a goal (forced labour, sexual exploitation, servitude etc).
Now, let’s look at what sex work is. We use the term sex work and sex worker as an umbrella term for any adult involved in the sex industry exchanging sexual services for money or other goods. This could include people who work as escorts, on street level, dance, webcam, in massage or many other areas. It is important to understand the sex work is referring to sexual exchange of services by adults in which consent occurs for all those involved. Therein exists one of the many differences between trafficking and sex work. Sex work does not include a process of recruitment by coercion to meet an exploitative end goal for one of the parties involved. Individuals involved in sex work negotiate what services will be performed and
for what fee.
The fact that the difference between sex work and human trafficking is in the power of choice that is involved is not the only myth that exists around this topic. A second myth is that trafficking doesn’t occur in Canada. Domestic trafficking involves the exploitation of residents of the country. According to the Action Coalition on Human Trafficking (ACT), in Canada it is disproportionally Aboriginal youth and women who fall victim to human trafficking within the country.
Another myth surrounds the idea of transportation. Although trafficking seems to imply that a trafficked person is being transported across counties or other kinds of boarders, according to the ACT, most exploitation takes place close to home. Data show intra-regional and domestic trafficking are the major forms of trafficking in persons. (UNODC Report). To add to that, trafficking does not always mean that a person is being transported from one place to another. If all those three categories are present (a process, a method & a goal) without the transfer of a person, trafficking still occurs.
A third myth about human trafficking is that it only for the purpose of sexual exploitation. Human trafficking for labour does also exists, although it is largely underreported and there is less data on the topic.
Although it is important to understand that sexual human trafficking does exist, it is imperative that we understand that not every person involved in the sex industry is experiencing human trafficking, and that in fact human trafficking and sex work are two very different things.
Action Coalition on Human Trafficking
http://www.actalberta.org/about-human-trafficking/
First, let’s look at what trafficking is. According to the UN’s definition, trafficking in persons “shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”
What’s all that mean? It means that for trafficking to occur, three parts must be included: A process of recruitment (transporting, harbouring, or receiving a person as example), a method in which that is done (threats, abduction, fraud etc) for a goal (forced labour, sexual exploitation, servitude etc).
Now, let’s look at what sex work is. We use the term sex work and sex worker as an umbrella term for any adult involved in the sex industry exchanging sexual services for money or other goods. This could include people who work as escorts, on street level, dance, webcam, in massage or many other areas. It is important to understand the sex work is referring to sexual exchange of services by adults in which consent occurs for all those involved. Therein exists one of the many differences between trafficking and sex work. Sex work does not include a process of recruitment by coercion to meet an exploitative end goal for one of the parties involved. Individuals involved in sex work negotiate what services will be performed and
for what fee.
The fact that the difference between sex work and human trafficking is in the power of choice that is involved is not the only myth that exists around this topic. A second myth is that trafficking doesn’t occur in Canada. Domestic trafficking involves the exploitation of residents of the country. According to the Action Coalition on Human Trafficking (ACT), in Canada it is disproportionally Aboriginal youth and women who fall victim to human trafficking within the country.
Another myth surrounds the idea of transportation. Although trafficking seems to imply that a trafficked person is being transported across counties or other kinds of boarders, according to the ACT, most exploitation takes place close to home. Data show intra-regional and domestic trafficking are the major forms of trafficking in persons. (UNODC Report). To add to that, trafficking does not always mean that a person is being transported from one place to another. If all those three categories are present (a process, a method & a goal) without the transfer of a person, trafficking still occurs.
A third myth about human trafficking is that it only for the purpose of sexual exploitation. Human trafficking for labour does also exists, although it is largely underreported and there is less data on the topic.
Although it is important to understand that sexual human trafficking does exist, it is imperative that we understand that not every person involved in the sex industry is experiencing human trafficking, and that in fact human trafficking and sex work are two very different things.
Action Coalition on Human Trafficking
http://www.actalberta.org/about-human-trafficking/
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