Our readings this week in the trade/human rights law class focused on human trafficking (slave labor, the sex trade industry, modern-day indentured servitude etc.) And, if you're interested in finding out more about modern-day slavery, I've added a section of links to some really good articles, on the left-hand sidebar. They provide good background information for this post. Two of these articles we just read for class this week (The New Yorker article and The National Geographic article).
One of the articles we read, "Both Work and Violence: Prostitution and Human Rights", argues that "mutually exclusive frameworks for understanding prostitution --one that characterizes it as violence and one that treats it as work --dominate the current human rights debate" over prostitution. The author argues that prostitution is both (i.e. it's exploitative work) and should be treated from a human rights point of view the same way we treat sweatshop labor and other forms of super exploitative work: as a form of slave labor.
I agree. The crux of the matter is the illusion that economic necessity has no bearing at all on free choice. That is a fallacy. Except in some rare instances as I describe below, sex work is rarely a real choice, it's not liberating, it doesn't "empower" women. Some pro-sex feminists have argued for the decriminalization of prostitution on the basis that it's a choice like anything else (e.g. Annie Sprinkle). Others argue for the rights of prostitutes (or sex workers) as workers (Anne McClintock) which assumes that it's essentially the same as other forms of labor. But these approaches do not take into account the overwhelming force economics plays in a capitalist system.
I appreciate a sex-positive approach that tries to undo notions of sex as inherently "dirty" and "sinful" and I also appreciate trying to protect sex workers by legitimating the work in the hopes that we can regulate it and make it safer but I think that both approaches miss the point. Under the global neo-liberal economic system in which women are at such a disadvantage, the overwhelming majority of prostitution is an exchange between economic unequals. We have to look at the subject within it's own context and that context is the global capitalist system. If it were possible for some deux-ex-machina to come along and remove the question from the world that surrounds it, those arguments might make more sense. But the social sciences are not the physical sciences. We cannot remove a particular social phenomena from its context and place it within a sterile environment for the purposes of study. We have to look at social phenomena within it's own context that is the world around us.
Also, both of the above approaches argue that "prostitution is one of women's best economic choices". It pays well. And that's a good thing, they say. But we have to ask why is it one of our best choices? Why are our bodies the most valuable possession we have as women? Getting more money isn't the end all and be all of liberation. It's a pseudo-liberation. It is not full liberation if it preserves the underlying structure of inequality which exists under the global capitalist system we have today. There's something inherently wrong with a system that makes women's bodies their most valuable possession.
It comes down to this: where is the locus of control? Is it within the woman herself or within the capitalist system that makes sex-work a good economic choice for so many women around the world? In a globalized neo-liberal economy very few people (any at all? considering that corporations are the new citizens?) retain the locus of control. Much less for poor women. This, then, is the problem, with arguing that prostitution is a choice. Any choice made out of economic necessity is a false choice because the locus of control is not within the individual.
This is not to say that I'm arguing that we should continue with the current system of criminalizing prostitutes themselves. If a woman’s “best economic option” is prostitution, the problem is not with the women (prostitutes) it’s with the “filthy rotten system” that makes it so.
To those who argue that prostitution should be legal, based on destigmatizing sex and getting women better pay, I have to say that I agree with both of those things, but accepting a system where so many poor women have to sell their bodies in order to survive is not the way to achieve either of those goals (a sex-positive society or economic security for women). Until we have a more equitable economic system, the instances in which it could be fairly argued that prostitution is a true choice are going to be very, very tiny. I don’t doubt it could happen. But to the extent that it does in our world, I think it’s only in the upper classes (e.g. high-end call girls, Heidi Fliess etc.) who could be said to truly have a choice. I imagine someone who is otherwise economically well-off, definitely has other options but chooses a kind of sex-positive lifestyle choice purely out of personal preference. Like I said, I think that’s very, very rare, but it is possible.
Making those sorts of arguments about freedom of choice for women under a global capitalist system legitimates an oppressive economic system and paints poor women who have few other choices into a corner which tells them that this is the only thing (best thing) they can do and not only that it's liberatory for them. That's offensive. That's like arguing that farmworkers choose to be farmworkers and that people who work in sweatshops choose to work in sweatshops and that such work empowers them because they get paid more than they would otherwise would if they were unemployed.
Choice implies that a person has that locus of control. The vast majority of prostitutes don’t have that. Farmworkers don’t have that. Sweatshop workers don’t have that. (Unless they unionize.) When we have an ideal (read: non-capitalist) world, then you can argue that women who have sex for money (which wouldn't make any sense in such a world anyway) do it as a choice and as a truly liberatory act. Until then, no way. Prostitution is exploitation not empowerment.
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For another aspect of the sex trade industry please READ THIS excellent post from Alley Rat: Whose money feeds the sex slave trade?
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