Argument: The market framework: sex work is an industry.

Sex work needs to be understood as a market-based industry. Sex workers are influenced by supply and demand [1] . It needs to be questioned both who, what, and why sex workers are forced into sexual exchanges and alternatively, why demand is found.

The legalisation of sex work focuses on the supply-side - potentially ensuring safer, and just, practices for sex workers. However, demand is not resolved. First, legalization does not ensure customers are tested for HIV/AIDS and take precautions. Legalisation may not change behaviour or attitudes. Second, legalization may increase demand through sex tourism, commercial trafficking or exploitation. What drives the sex industry? Legalisation will result in expanding the sex industry, as seen in the 25% increase in the Netherlands following legalisation (Daley, 2001). In Uganda, condom use declines with more regular customers (Morris et al, 2009).

We need to ask what should be included within a legal framework - supply, demand; brothels, customers, or sex workers?

[1] The ‘Swedish model’ rolled out in Europe is based on tackling demand. The legal reforms have been set to target the demand for prostitution through its criminalisation.

Candidate 1: "Legalising sex work means control and regulation can be imposed on all aspects of the industry. Legalization ensures the sex workers are recognised as citizens, and workers, with rights. It does not preclude similar action relating to the demand aspect."
Candidate 2: "Criminalising HIV transmission puts human rights in greater jeopardy. The stigmatisation of HIV/AIDS will remain prominent. The acceptance, and inclusion, of sex workers will become further marginalised as they become symbols of risk, disease, and transmission. This is something no sex worker would want. Countless articles from Ghana, Zimbabwe, and South Africa suggest public support legalising sex work (i.e. see Ghana Web, 2013)."
Candidate 3: "Introducing new ‘good’ laws can drive sex work activities underground, and contradictorily reduce access to necessary health care services. Legislation does not ensure universal access: legalising sex work does not stop unequal politics.

First, the provision of HIV/AIDS treatment and care is dependent on the global-economy and influenced by investor faiths, ethics, and motives [1] . Therefore access to ART (Antiretroviral treatment) among sex workers is controlled by who is providing aid and distributing resources. Second, the most effective prevention strategy is believed to be ABC (Abstinence, Be faithful, and use a Condom). Such mottos exclude sex workers, and directly place the burden of HIV/AIDS to the individual. Such mottos are founded on strong Christian beliefs - legalising sex work cannot easily change traditional structures.

[1] A decline in global AID funding has been noted with the global economic downturn (World Bank, 2011). Further, the impact of faith-based institutions, and PEPFAR’s ‘anti-prostitution pledge’, on HIV/AIDS has been discussed (NSWP, 2011 Avert, 2013)."
Candidate 4: "Gender inequality, hierarchies and violence, will become legalised [1] . Across Africa, women account for a higher proportion of the population living with HIV - gender inequalities are a key driver of the epidemic. For example, patriarchal structures encourage polygamy in marriage; and women’s roles in the reproductive sphere forces them into the caregiver role when someone in the household gets HIV/AIDS.

The legalisation of sex work will ensure the epidemic continues to ‘feminise’. Women will become commodified, meeting male demands and desires, within a unequal gender society.

[1] Further readings on the debate of gender and sex work see: Richter, 2012."
Candidate 5: "The inclusion of youths and children misses out a crucial component - poverty. Busza (2006) identifies three forms of ‘sexual exchange’: sex work, transactional sex, and survival sex. Children are often recruited into the sex trade as a result of poverty, desires for consumption, and a lack of social support.

The ”sugar daddy” phenomenon across Africa is a case in point. Older men are able to entice young women, and children, through false promises and material products [1] .

Without providing key necessities, and alternatives to meet needs, practices will be driven further underground and youngsters placed at greater risk.

[1] For examples see: IRIN, 2013a; 2013b."
Candidate 6: "By legalising sex work the duty, and ethics, of care are granted to national bodies. The state is able to intervene and act when the rights of sex workers are identified as being breached. The individual self becomes empowered, and integrated into, a legal framework."
Candidate 7: "Legalising sex work means legalising the trading of bodies as a commodity. The practice is disempowering and undermining human rights, not vice-versa. It remains immoral that the state should grant such transactions and introduce prostitution as a career path. By legalising sex work to control HIV, the state becomes an active agent in illegitimate practices. Further, the state makes money while no gains are made for workers. Who really benefits from legalisation?"
Candidate 8: "The reality of a causal relation between legalising sex work and decriminalisation remains questionable. Accepting sex work within the legal framework does not ensure the practice is de-stigmatised or becomes regulated. Such contradictions indicate the depth of social stigmatisation towards sex work.

Taking the case of Senegal, where prostitution has been legalised, police abuse continues and sex workers actively choose to work in unregulated environments. In Senegal’s booming sex trade industry, prostitutes are required to register with the police and granted a identity card confirming health requirements have been met. However, their identification places sex workers open to discrimination by the police and social stigma [1] . Further, the legalisation of the industry in Senegal has attracted immigrants and refugees to work within the industry. They lack citizenship rights; therefore legal protection is limited and abused. Clandestine sex work remains prevalent. Sex workers represent around 18% of HIV prevalence, particularly higher amongst women (Aids Alliance, 2013).

Sex workers rights will only emerge once sex work is de-stigmatised, the act of selling sex is no longer taboo, and corrupt laws changed to provide sex workers with respect and protection beyond the law. The stigma of sex work is the basis of illegality and criminalisation.

[1] Senegal has a predominantly muslim population."

Legalising sex work means control and regulation can be imposed on all aspects of the industry. Legalization ensures the sex workers are recognised as citizens, and workers, with rights. It does not preclude similar action relating to the demand aspect.
