Legalization vs. Decriminalization of Prostitution: What’s the difference?

As we explained last week we know that prostitution in Canada is legal. It is the activities associated with prostitution that are illegal.

There are ongoing debates about legalization and decriminalization but before you form an educated opinion you need to understand the difference between the two concepts. “Legalization and de-criminalization are two separate regulatory frameworks with different outcomes and impacts on sex workers” (Scarlett Alliance).

Legalization
Legalization of prostitution means that you can legally call yourself a sex worker but that the use of criminal laws would regulate or control the sex worker or the sex work industry. Historically it is governed by the state and the laws are created by the state. Some governing laws include mandated physical exams for all sex workers, a sex worker registry, permits, and designated work areas. Generally these laws are not made by sex workers but are made for sex workers.

Some of the benefits of legalization could be that sex work would be made more legitimate, stigma would be reduced, governments would benefit by receiving taxes and licensing fees, and there is more control over the number of sex workers as there could be a registration system. Although sex work is legalized in Canada, last week’s article shows us that the laws surrounding it make it almost impossible to legally work in the sex industry.

Decriminalization
Decriminalizing prostitution in Canada would mean taking an eraser to the Criminal Code and removing sections 210-213. It would remove all current laws pertaining to prostitution.

Some of the benefits to decriminalization could include: putting control of the industry into the hands of sex workers, increasing safety for sex workers as they can work together in a common area, increasing safety for sex workers because they would feel safe to report violent crimes without fear of prosecution, normalizing the industry and reducing the stigmas around sex work (many people believe sex workers deserve the violence they experience because of their job choice), and potentially allowing sex workers to benefit from employment and labor laws.

Sex work is a touchy subject, we know there are high emotions, values, and morals attached to the activity of selling sex for money. However, sex work is happening and it is currently one of the most dangerous professions in Canada. Sex workers are being reported missing and/or murdered on a far too regular basis.

Regardless of if we believe sex work should be criminalized, decriminalized or legalized, we need to recognize that above all else sex workers have a right to safety, and to their life. They have a right to be respected and given support to exit the sex industry if they want and to be respected and given the tools to keep safe if they want to continue in this work.