Decriminalization of prostitution

Title: Decriminalization of prostitution
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Introduction
Views from the judgment made by Justice Susan Himel who allowed decriminalization of prostitution
As argued by spokesman for Ontario`s attorney general, prostitution is constitutional and valid according to the provisions of the criminal code. They are basically designed to prevent individuals from being lured into prostitution and in protecting citizens from negative effects associated with street prostitution via ensuring that those who control, abuse or coarse prostitutes are held responsible. On the other hand, some groups which were conservative e.g. The REAL Women of Canada who also took part in the case presented in court, argued that prostitution decriminalization would pave way for human trafficking and pose danger to those involved in prostitution. Even though prostitution is legal in Canada, there are illegal activities associated with it. The criminal code currently present in Canada has banned communication that are based on prostitution purposes and has also prohibited the keeping of a common dwelling place for purposes of prostitution ("Prostitution Laws struck down by Ont.Court", 2010).
Effects of decriminalizing prostitution
According to Shaver et.al (2011), the sex workers in Canada launched legal challenges in Ontario superior courts and the British Columbia basing their arguments that they were being marginalized by some sections in Canadian Criminal Code (CCC 1985). The sections had violated their charter rights via increasing the risks they faced while working and off duty. Three years later after the plaintiff`s claim, the Superior Court of Ontario ruled out that the laws banning communicating for the purposes of prostitution. Running bawdy-house and living on the prostitution avails were unconstitutional as they increased the risk of harm for those in commercial sex industry. Despite the ruling, the British Columbia (BC) challenged it thus paving way for a hearing in the BC Superior court. These rulings increased public attention to factors that endangered the lives and safety of the sexual workers. They also strengthened the extent to which the well-being and health of the commercial sex workers were addressed. This are often viewed as interactions between political, social and legal issues which are often complex.
Since the international sex workers` rights movement, roughly thirty-five years ago, commercial sex workers have been fighting for the worldwide decriminalization of the sex industry. Before addressing the merits brought by decriminalizing prostitution, it has been proved vital to identify the damages that have been caused by the regulatory frameworks in place entailing both criminal and non-criminal forms of regulation (Meulen & Durisin, 1998). From the empirical researches carried out from two commercial sex industries, it was established that regulations of commercial sex workers often undermined the worker`s rights and consequently exposed workers of this industry to unnecessary harm. In addition to that, the increased exposure to risks resulted to creation of incentives that made sex workers to shift to areas that were less regulated. From the above statements, it was concluded that, the Canadian legislative framework not only supported sex workers` best interests, but the availability of federal and municipal regulations increased the vulnerability of sex worker economically and physically. The Canadian first criminal code in 1982, provided details that prohibited some of the activities that were associated with sex trade thus introducing a series of strategies that aimed at protecting women and young girls from engaging in prostitution activities (Delacoste & Alexander, 1988).These encouraged the sprouting up of reformist groups whose main objectives were to encourage standard of purity and chastity for both genders. This was made possible through establishing a legislative framework that helped in eliminating prostitution and ensuring that women and children were protected from the deceit of procurer. The federal laws have played a role in increasing the sex workers vulnerability and exposure to violent actions as they order them to perform their duties secretly in isolated or completely unknown locations. In addition to that, some areas that are used for sex trade are being controlled by the city by laws. The bylaws are used to regulate the sex industry by allowing various cities to focus on matters based on limiting the existence and numbers of ma...