Penalizing the Sex Worker or the Customer: French Policies on Prostitution

Prostitution Réprimée Santé Sacrifiée

Prostitution Réprimée Santé Sacrifiée (Photo credit: William Hamon (aka Ewns))

Anonymous student post

We studied in class the migrations and their influence on sexual work. This phenomenon, as complex as important, is a subject of debate and polemic within the political class. Concerning a badly known, and sometimes taboo, subject; prostitution remains a difficult domain to supervise effectively by the law. Connected to this subject, a law is going to be voted in 5 days in France. This draft law is an innovative initiative because it proposes the penalization of the customers instead of the prostitutes. This blog post will present the various opinions emitted on this subject, in a sociological aim towards the sexual workers.

At the origin of this project, there is an alarming report on the state of the prostitution in France. On 40,000 sex workers acting in France, 90% would be foreigners, victims of the sexual exploitation. The Minister of Women’s Rights, Najat Vallaud-Belkacem, particularly in favour of this law, has for ambition to remove the prostitution from France. To penalize the customers, with 6 months of detention and 7500 euros of fine, appears as a way to destroy the source of the prostitution: the demand. These arguments arise from the idea that the prostitution is very rarely chosen and generally undergone. Adopting a law like this would respect the principles of the Republic. Also it could destroy the financing of the mafias and so on destroy the traffic.

On the side of the opponents of this project, the arguments are not either lacking. “STRASS”, France’s sex workers union, is one of the main opponent. For them, such a law translates a moralistic ideology of the politicians. The abolition of prostitution, for them, seems to be an unattainable goal, furthermore such a law would damage above all the prostitutes. To penalize the customers would create an increase of the violence. Instead of trying to destroy mafia networks, such a law would only serve to stigmatize more the sexual workers. In the name of paternalists and puritans ideals, the politicians would prefer to attack the smoke rather than the fire. The failure of this kind of laws in Sweden and in Norway lets think the opponents that a regulation approach must be studied, rather that a stigmatizing one.

It is clear that both opposed camps have the same aim and objective: the abolition of the sexual slavery. Nevertheless, the evoked ways are subject to the controversy. In my humble opinion, the penalization of the customers will not destroy prostitution. Although I recognize moral virtues in this law, it is only disputing the expression of the problem and not its source. The foreign prostitutes would be the first victims of such a system. It is necessary to bring institutions (medical, judicial, economic) to them rather than to try to hide them. To penalize the customer would only “blur” the system, in the style of hostess bars in Japan. Try to legally distinguish deliberate prostitution from forced prostitution would be a first stage in the destruction of maffioso networks. Unfortunately trying to supervise legally the activities connected to human vices appears in our societies as a form of laxness. Seeing the reality such as it is would allow the improvement of our legal system, however it includes also to admit that prostitution cannot disappear.

References

Geert de Clercq, Reuters, “French debate: Punish prostitutes or their customers?

Tom Craig, Demotix, “French Prostitutes protest Law Penalizing Clients

Hanna Kozlowska, Foreign Policy Blog, “Frenchmen to government: ‘Don’t touch our whores!'”

Massoud Hayoun, Al Jazeera, “French sex workers demand open dialogue on proposal to fine clients

Elisabeth Lévy, Le Monde, “Les gardes roses du nouveau puritanisme

One-Way Gender Equality

Cover of "Global Woman: Nannies, Maids, a...

Cover via Amazon

by Glenn Soenvisen

Gender equality is indeed important in these post-modern times. Women should have the same wages as men if their job is the same; salaries for women-dominated work should be equal to that of men-dominated work; women should have equal opportunity to participate in the society and workforce. At least in the First World, few would dispute that this should be an inherent right of women, and they are right to do so. However, why is it that gender equality is almost always about women gaining the rights of men? We hardly ever hear about the fight for men to have parental leave, or for working in traditional women’s occupations without prejudice. In a sense, we can say that the ongoing contemporary gender “equality” aims to make women into traditional men instead of making a neuter gender of both men and women, which is the actual goal we aim for. This has consequences both nationally and internationally.

When speaking about the First World, we can say that as a result of the above-mentioned one-way gender equalization we undermine some essential human qualities. Ehrenreich and Hochschild’s “Global Woman” puts it this way:

“It is as if the wealthy parts of the world are running short on precious emotional… resources and have to turn to poorer regions for fresh supplies.”

While women are taking advantage of their retrieved inherent rights, that is, taking higher education, entering the men-dominated workforce, living freely and independently and more, who is going to take care of the house, children and elderly population? Fewer women do, and there’s no significant increase among men either. Furthermore, family relationships may be difficult to retain since the prevailing thought seems to be that one of the two in a relationship must relinquish their inherited rights to stay at home and keep the family going. For a woman it is easier to relinquish her rights because that’s the way it has been, but she doesn’t always want to, and now she increasingly doesn’t have to. For the man it’s hard to do because the system and society doesn’t always allow him – and if he doesn’t want to it’s no problem, because that’s the way it has been. In such a way carework has become an “either/or-”situation; there is no neuter gender role where it can be “both/and.”

However, this does not mean that we do not want relationships, so we turn to nannies and maids, and we pay for their love and care. For this to work though, these people have to earn less than their employers, as is only logical. For the native people who have the opportunity for higher salaries it is not so tempting maybe, but for people living in poorer countries this is a goldmine. The women in the Philippines have noticed this, so in order to support their families many leave their children and husband behind and go abroad to do the care work we in the First World don’t have time for, or rather, no room for. In fact, the women are so many that the Philippines government itself relies to a great deal on the remittances they send home. All the same, there is still a negative pattern to be seen here: nannies and maids earn less than their employers, and the remittances to their family back in the Philippines are even less (after all, the careworkers abroad have to spend money to take care of themselves in the country where they’re working), and the family uses the said remittance to buy food and other necessities in shops where it’s employees earn even less. It’s a downward spiral.

In short, as a result of a one-way gender equalization, namely making women into men, we have not only estranged ourselves from essential human qualities such as love and care, we also help to make a transnational network which might not be very beneficial in the long run. True, it looks quite beneficial on the surface: women in the Philippines take on a male breadwinner role by doing traditional women’s work abroad, and they support their family as well as their country’s economy. Underneath, however, lies the truth that we are only moving the problems around, we are not solving them: firstly, the Philippines becomes a factory sending out careworkers, women who gives love to our children and money to theirs. Secondly, while the care workers abroad might be breadwinners, the gender roles in the home country are likely to remain the same. Lastly, The First World outsources human values so that its people can be free and work like machines, because that’s the traditional man’s role, today’s gender equality. From an economical perspective this might be beneficial, but from an emotional one it’s disastrous.

References

Ehrenreich, Barbara, and Arlie Russell Hochschild, ed. 2002. Global Woman: Nannies, Maids, and Sex Workers in the New Economy. New York: Metropolitan.

Gender Equality Solutions a Problem in Korean Workforce

by Ji Soo Kim

Recovering from Japanese colonization and the Korean War, under the strong U.S influence, the Republic of Korea displayed an amazing yet abrupt economical development throughout the 20th century. Due to the traditional Confucian belief of “men are superior to women, who are expected to attend to men’s every need,” the social status of women in Korea before Western influence was significantly low. As the Western ideology of gender equality permeated in Korean society, educated men lifted their voice to give equal rights to women, and women shouted for their rights.

Beginning with women’s suffrage in 1948, the social and governmental movement for women’s rights rapidly settled in society. As a result, women in Korea now seem to have equal rights under the protection of the whole society. However, the process of achieving gender equality was done too abruptly. People do not understand the true definition of gender equality, thus real problems regarding gender have not been solved in many parts of society, and men are claiming their feelings of reverse discrimination. In this article, I will specifically talk about gender equality issues in workforce, and suggest better solutions to current activities for improvement.

The Korean government set laws and encouraged businesses to protect women from being discriminated against in employment, and in the workplace. An example of the law is that an employer should not consider female employee’s physical looking, or ask about marriage status, which are unnecessary in work performance. Businesses were encouraged to increase female welfare in the company, to provide long maternal leave, menstrual leave, shuttle bus system for safe return to home, anonymous telephone line for accusation of any sexual discrimination, powder rooms and lounges only for women, and extra financial support for child care. An example of Korean company known for fine female welfare is Hyundai Motors. It is one of the most popular businesses where young women wish to be employed. However, uncongenial to its high reputation, women employees consist only 4.3% of the entire company. Why is the women employee proportion considerably low while the company provides satisfying welfare for women? Looking around the young graduates around me, I also see many who wish to be employed by Hyundai Motors, which means that there are sufficient, and even an overflow of applicants.

One valid reason for low constitution of female employees in Hyundai Motors could be employers’ unwillingness to employ women. The cost of hiring a woman in their workforce is much higher compared to that of hiring a man, since they have to provide all different kinds of welfare. If there is a man and a woman in interview with almost the same quality and potential, even if I was an employer, I would choose man not because I am discriminating against woman, but for cost reduction. This possible reason is suggesting that current welfare system is designed just to satisfy the wants of the government and the society, and this is ineffective because it shows a decline of women employment in some business sectors and discourages younger unemployed women to aim for these businesses.

The society demands female welfare because we are taught that women must have ‘equal’ rights to men, and that women had not been treated ‘equally’ in past. With such excessive focus on women, not many people clearly come to understand the true meaning of gender equality. The majority focused only on present discrimination against women around us. The law protected women first, and businesses started to provide immoderate welfares for women, and there’s no specific word as ‘male welfare.’

In workplaces, to stop employer’s unconscious thinking of preferring man over woman for cost reduction, not only female welfare but also male welfare should be considered thoughtfully. Excessive focus on women empowerment in workforce created current system. Companies should concern men and women together and provide what is needed for each fairly. Increase in paternal leave, provision of comfortable lounge for men, or provision of children’s kindergarten in father’s company could be possible solutions. Concern for both men and women in work places would make both willing to work for longer period with loyalty, and lead to better understanding of each other. The change in work places would result in a bigger change in the entire society. Starting with work places, a deep knowledge and discussion about gender equality should be taught and held in public education system. The society would not be able to change at once, but with the effort of current generation, the future generation will grow up with much improvement.