NATIONAL ECONOMICS UNIVERSITY SCHOOL OF ADVANCED EDUCATIONAL PROGRAM *** ASSIGNMENT REPORT Course Introductory Ethics Topic The morality of commercialized sex Group 9 Members Le Thi Linh Chi 11204673[.]
NATIONAL ECONOMICS UNIVERSITY SCHOOL OF ADVANCED EDUCATIONAL PROGRAM -*** - ASSIGNMENT REPORT Course: Introductory Ethics Topic: The morality of commercialized sex Group Members: Le Thi Linh Chi Tran Thi Ngoc Minh Dang Thi Phuong Ngoc Ngo Viet Phuong Hanoi, March 2022 11204673 11206159 11206318 11206581 ACKNOWLEDGEMENTS First, we would really like to thank Mrs Nguyen Bich Ngoc, our lecturer, for her professional advice and encouragement during this abstract subject She explained things clearly, made it easy to comprehend, and always led us in a detailed and enthusiastic manner Her methodology is really scientific, and it allows us to assimilate information rapidly She seems to be a very passionate instructor who carefully considers how she teaches the subject Without her passion and assistance, we would have struggled to understand the ethical theories Moreover, this report would not have been done without the assistance of our seniors, who provided us with a fantastic reference presentation So far, I'd want to thank my incredibly supportive teammates who took responsibility of the data gathering and data entry processes for this project's analysis Finally, I'd want to thank everyone who assisted me in completing this project, and I hope to work with you again in the future i Table of Contents Introduction 1.1 Background of the problem 1.2 Objectives .1 1.3 Methodology 1.4 Report outline Problem Analysis 2.1 2.1.1 Definition 2.1.2 Types of commercialized sex 2.1.3 A global view of commercialized sex 2.2 Opinions over commercialized sex 2.2.1 Opinions for commercialized sex 2.2.2 Opinions against commercialized sex 2.3 Ethical view on commercial sex 2.3.1 Deontological Theory .6 2.3.2 Virtue ethics 2.3.3 Consequential Ethical Theory 2.4 Commercial sex in Vietnam 2.4.1 Fact 2.4.2 Media coverage of prostitution legalization 2.5 Overview of commercial sex Our group opinion towards this problem 11 2.5.1 The reasons why we should legalize commercialized sex 11 2.5.2 Purposes of legalizing commercial sex 12 2.5.3 Conclusion 15 2.5.4 Recommendations 16 Conclusion 18 REFERENCES 19 ii TABLE OF FIGURES Table Characteristics of types of prostitution .4 Table Attitudes toward legalization of prostitution 15 iii Introduction 1.1 Background of the problem Economic life is developing more and more, people are sometimes busy running after work, material, and money, but forgetting the dignity and morality that have existed for a long time The selfish desires that each person owns, but because they are not controlled and well managed, lead to some painful problems that society has to endure, and commercialized sex is one of them Prostitution and other forms of commercialized sex are hotly discussed topics, and contemporary ethical approaches such as social contract ethics and feminist ethics address the subject of the moral implications and moral legitimacy of commercialized sex Within these perspectives, there are differing viewpoints on whether commercialized sex is morally acceptable or even legal As a result, the moral question of whether commercial sex is acceptable or bad could be raised This thesis is a modest attempt to describe and evaluate some basic moral conceptions about commercialized sex from the viewpoints of contractarian ethics and feminist ethics For Asian people, commercialized sex is a sign of moral degradation as well as a loss of dignity for women but the West and some countries in the world have an open view on this issue, even considering this as an obvious fact. In terms of morality, most people in society disagree In fact, in America or France, or in any other country, most people don't like commercialized sex at all But commercialized sex is also a social fact that many places have accepted that it has to exist 1.2 Objectives The purpose of this study is to provide a comprehensive, systematic, and scientific view of legal and social issues related to commercialized sex in the world This report also presents some respective moral arguments, either defending or rejecting the social practice of commercialized sex 1.3 Methodology The theoretical basis used to study this topic is the points of view of moral theory such as Deontology, Virtue, or Utilitarianism The specific methods used to solve the problems raised in this report are synthesis, statistics, analysis, and comparison 1.4 Report outline This report discusses the morality of commercialized sex throughout four main parts The first part that is mentioned in the report is the introduction, providing information and the general background of the main problem - the morality of commercialized sex The second part of the report contains three main parts The first part of the body part gives you an overview of commercialized sex The second part of the body part brings you some opinions over-commercialized sex Last but not least, the report contains ethical theories and how to apply these theories to this global problem The third part writes about commercialized sex in Vietnam - the current situation, facts and media coverage of prostitution legalization The last part will be the conclusion of the report, which will summarize the information that has been gathered in the report Problem Analysis 2.1 Overview of commercial sex 2.1.1 Definition The trading of money or products for sexual services is known as commercial sex It always includes a sex worker and a client as well as a third party on occasion Sex work is the arrangement of sexual administrations for cash or products Sex laborers are ladies, men, and transgendered individuals who get cash or products in return for sexual administrations, and who deliberately characterize those exercises as pay producing regardless of whether they don't consider sex function as their occupation The words "ladies", "men" and "individuals" in this report incorporate physically dynamic youths Kids who have not reached the period of pubescence may likewise take part in sex work, yet they are not the focal point of this record Clients are persons (typically males) who purchase sexual services with cash or even other resources, either expressly or as part of a package that includes other services like entertainment or domestic servants 2.1.2 Types of commercialized sex Prostitutes, call girls, escorts, and dominatrices are examples of commercial sex workers that perform sexual activities for payment Prostitutes are sometimes known as streetwalkers, and they are regarded as the lowest level of sex workers by the rest of the business These men and women are physically on the street, offering "dates" or "johns" to possible clients Streetwalking prostitutes are the most dangerous of this category because of their employment on the streets, the lack of customer screening, and the flexibility of the location of the sexual act Call girls and escorts work in another industry, such as a massage clinic, hotel, or nightclub, and give sexual services to a regular customer base These individuals usually interact with pre-screened customers and execute acts on-site, which promotes safety Pornography actresses and actors, as well as sexual models, are sexual services workers who provide audio or visual depictions of themselves Some of the firms that make these movies have policies in place for their employees, such as verifying that they are of 18 years or older to agree to sex and requiring STI testing Phone sex workers and those who use webcams to offer live streams of themselves doing sexual activities over the Internet are examples of this Because both participants have a high level of anonymity and availability, this type of Internet pornographic content offers a unique context for the sexual encounter People who operate at one or more designated sites delivering sexual entertaining for an audience in the same area are referred to as commercial sex workers working a live sexual event or performance Strippers or exotic dancers, burlesque show performers, and peep show actresses and actors are all examples of sexually active adolescents Table Characteristics of types of prostitution BUSINESS LOCATION PRICES CHARG ED EXPLOITATIO N BY THIRD PARTIES RISK OF VIOLENT VICTIMIZATI ON PUBLIC VISIBILIT Y IMPACT ON COMMUNIT Y CALL GIRL Independent operator; private premises/hotels High Low to none Low None None ESCORT Escort agency; private premises/hotels High Moderate Low to modera te Very low None BROTHEL WORKER MASSAGE PARLOR WORKER Brothel Modera te Modera te Moderate Very low Low Moderate Very low Low None, if discreet Little, if discreet BAR OR CASINO Bar/casino contact; Low to Low to Low to WORKER sex elsewhere moderat e moderate moderate Moderat e Equivalent to impact of bar/ casino STREETWALKER Street contact; sex in cars, alleys, parks, etc Low High Very high High Adverse Massage parlor Note: This table refers to female employees The brothel and massage parlor employees shown here not involve those who have been trafficked or otherwise coerced into prostitution, as their experiences different from those who have chosen this job voluntarily Third-party exploitation implies that at least some of the earnings are received by a third party The threat of violent victimization here refers to victimization of a prostitute rather than victimization of a customer The term "impact on community" refers to the consequences on the quality of life in the surrounding neighborhood 2.1.3 A global view of commercialized sex Until now, commercialized sex is still a controversial topic It is caused by the extremely different in each region and culture In particular, some countries consider that prostitution and all related activities are illegal, such as in Sweden, Thailand and Vietnam because of concerns about increasing trafficking in women and children, rape, violence and the rate of sexually transmitted diseases in society Referring to Thailand, many people will be surprised to learn that Thailand does not legalize prostitution, but the industry is extremely developed However, rape in this country is the highest in Asia, from 7-8 cases per 100,000 people, twice as high as the Philippines, times of Singapore and times of Vietnam In Vietnam, according to ILO data in 2018, Vietnam has about 100,000 sex workers, of which, mainly women Objects and forms of prostitution are still mainly in the form of call girls, sex tourists, foreigners selling sex, male prostitutes, gay sex workers, transgender people selling sex, and sex brokers This situation causes many crime problems, including HIV/AIDS infectious diseases However, according to the US website Ranker, in fact, in the world, there are about 77 countries that have legalized prostitution and 11 countries that limit this profession but still allow it From an economic perspective, there have been very serious studies on this issue It can be seen that prostitution is always associated with changes in the economy, the law of supply and demand of the market and the trade-offs of those directly involved According to Lena Edlund and Evelyn Korn, two pioneering female professors in the study of prostitution: "Prostitution is a multi-billion dollar industry and is the routine work of millions of female around the world Recent research by the International Labor Office shows that in Indonesia, Malaysia, the Philippines, and Thailand, up to 0.25-1.5% of women are involved in sex work, and this profession contributes between 2-14% of the total domestic income (GDP)" In countries that legalize prostitution and its associated activities, typically Austria, Singapore, and Switzerland According to statistics in 2014, the Swiss sex industry has about 20,000 prostitutes, contributing an estimated $3.5 billion, equivalent to 0.5% of Swiss GDP Some places like Australia, Germany, the Netherlands, Hungary, the UK and the US state of Nevada allow prostitution, but third-party activities are considered illegal In the Netherlands, according to 2014 data, the whole Netherlands has more than 40,000 prostitutes and contributes 2.5 billion euros a year in taxes, equivalent to 0.4% of GDP 2.2 Opinions over commercialized sex 2.2.1 Opinions for commercialized sex Human sexuality is believed to play a significant role in a person's creative life and overall development, and it expresses the values of equal respect and concern for independence, necessitating tolerance of a variety of views on the role of sexuality in humanity Any individual selling sex has the right to request whatever resources they need to transition out of prostitution and into a circumstance where they can thrive and grow If it is claimed that commercial sex destroys a prostitute's abilities by emotionally alienating her, the same points may be made, probably more forcefully, regarding other sorts of service that our society not only tolerates but encourages Prostitutes definitely provide a valuable social service; many people find a sense of emotional release and comfort with them that they would not otherwise have, and many prostitutes provide sophisticated supportive and even therapeutic roles for their clients in addition to sexual services It is frequently well-paid and well-compensated, and the needs met are profound and real 2.2.2 Opinions against commercialized sex Commercialized sex work has long been regarded as a dangerous vocation In recent years, the focus has switched away from individuals who supply sexual services and onto those who buy them Simultaneously, prostitution-related women are increasingly being viewed as victims in need of assistance rather than criminals deserving of punishment Debra Satz (1995) presents a viewpoint that includes some fundamental reasons against commercial sex This viewpoint is based on the necessity of building and promoting methods for gender equality in society She directs her criticisms at pervasive stereotypes about girls and female prospects in society Satz describes and explores the specific moral view of trading sexual services as immoral and unfit to be compared to behaviors in any work force She is concerned that commercial sex is a social institution in and of itself that undermines the conditions for societal growth that promotes gender equality Commercial sex is thus harmful to close the gender gap within the creation of an egalitarian society, and she consequently condemns commercial sex and the act of prostitution as a major impediment to the process of establishing an equal society Satz (1995) expresses her dissatisfaction with two typical charges leveled against commercialized sex: the economic and the essentialist approaches According to the economic viewpoint, commercial sex could be equated to any other sort of physical work in life According to this viewpoint, it is only logical cost/benefit analysis that supports transactions, not specific moral issues inherent in activities Sexual labor, in this view, can be reified and handled as a commodity on level with another economic item According to the essentialist viewpoint, commercial sex is ethically wrong since it is intrinsically destructive and injurious to human happiness According to Satz, the problem is that commercial sex fosters societal inequities, and we should concentrate our moral focus on prescribing proper equitable principled foundations for society, excluding processes that contribute to and/or reproduce institutional inequalities 2.3 Ethical view on commercial sex 2.3.1 Deontological Theory Deontological theory is a theory that states that actions are either good or harmful based on a set of principles Actions that adhere to these norms are ethical, but those that not are As a result, they are either correct or incorrect Deontologists also advise us to follow the universal laws that we set for ourselves These norms must be reasonable - in specific, they have to be logically coherent and not inevitably lead to conflicts It is important to remember that deontology is frequently considered as significantly opposed to consequentialism This is because deontology holds that by emphasizing the intention to act in line with our duties, the outcomes of our acts have no ethical relevance at all According to deontology, the act of commercial sex may be moral, because its purpose is ethical Females believed that sex work allowed them to be "excellent mothers" and it allows them to cope with their roles as sex workers Rather than throwing the concepts of "virtuous motherhood" and "deviant prostitute" against one another, the responsibility of parenthood and the ability to support one's family financially resulted in less criticism from these women's family people as a result of their sex trade engagement Moreover, those who recognize agency see the ability to set one's own hours, have a say in the conditions of one's workplace and decide what services to offer as a "self-chosen means for social and personal betterment," all of which may or may not be available in other workplace choices available to marginalized women 2.3.2 Virtue ethics Virtue ethics is a moral philosophy that emphasizes the importance of virtue A steady inclination to behave and feel in accordance with some ideal or model of perfection is referred to as a virtue Virtue is a deeply ingrained character attribute that may influence behavior in a variety of settings People have the freedom to pick different aims and personalities for their own "virtue," according to this viewpoint When one looks past the act of prostitution and into the person, one may sense courage and strength The moral and ethical element does not assess the act as well as the actor, according to virtue ethics (Borcoman, 2011) Borcoman describes virtue as what is in a person's heart, not the cause for their actions (Borcoman, 2011) If the community stopped condemning prostitution and focused on the traits of the prostitute, it might be able to appreciate the person's inner strength and courage (Borcoman, 2011) A lady who chooses to become a prostitute because she has no other means to encourage her children 10 is bold and gutsy When one considers the moral, ethical, and religious context, being a prostitute is not simple The lady, on the other hand, has decided to defy her principles because she loves her kids and would go to any length to provide for them If social norms were to alter, the lady would be able to cope with the mental and physical strains of being a prostitute A mother who has sacrificed her personal, societal, and religious values for her children does not need to be condemned; she has already made her decision and recognizes that she is morally unacceptable It takes guts to lay down your life for another, and also the woman who is forced to be a prostitute is well aware of the consequences When prostitution is legalized and programs are established, the prostitute may be able to pursue her schooling and eventually leave prostitution behind 2.3.3 Consequential Ethical Theory The Consequential Ethical Theory defines a moral action or deed as one that promotes the optimal outcomes for all parties involved (Easton, 2014) When two consenting individuals engage in sexual intercourse, it is clear that the act enhances happiness Thus, it becomes a morally accepted decision between the two parties The debate over whether or not prostitution should be permitted can be justified as a moral act if the end result is pleasure (Sinnott-Armstrong, 2003) According to the Consequential Ethical Theory, a woman who sells her body for financial gain or pleasure is justifiable (Easton, 2014) The Consequential Ethical Theory would grant women the right to govern their bodies, removing the moral and ethical aspects of prostitution and allowing them to make their own decisions (Sinnott-Armstrong, 2003) According to Sinnott-Armstrong, consequentialist ethics is also known as utilitarianism (Sinnott-Armstrong, 2003) When viewing prostitution through the lens of utilitarianism, one might defend that prostitution is morally acceptable when making a moral decision based on the benefits that it will provide (Sinnott-Armstrong, 2003) Prostitution, according to utilitarianism, is an act that brings happiness to all parties involved, including the prostitute, the client, and their families Our society would be governed by laws and regulations if prostitution were legalized Legalizing prostitution would allow the government to develop initiatives to reduce and combat sexual assault, violence, medical problems, and, if necessary, counseling and therapy This is a significant issue that prostitution has created in our culture If prostitution were legalized, the current violence associated with it would disappear Normative ethics, according to Gowdy, is concerned with what our society considers moral standards or appropriate or inappropriate social behavior (Gowdy, 2013) The men, women, and children who are 11 victims of the current agony and suffering associated with illegalized prostitution would benefit if today's social standards changed their views on prostitution and legalized it 2.4 Commercial sex in Vietnam 2.4.1 Fact Prostitution is common in Vietnam, despite the fact that it is officially banned "Hair salons, karaoke bars, and massage parlors offering "extra services" are plentiful in Hanoi, as they are in other cities around the country, according to AFP State personnel frequently celebrate national holidays and professional accomplishments with a night out on the town that typically includes huge amounts of booze, a slap-up feast, and an evening in a karaoke bar followed by more "after hours" entertainment For clandestine bedroom fun, mini hotels are the preferred location Although the government possessed official statistics on about 14,000 prostitutes, state media reported that the country had around 37,000 prostitutes in late 2002 According to some estimates, the real amount is above 130,000 According to one estimate, there were around 50,000 prostitutes in Ho Chi Minh City alone at one time Commercialized sex in Vietnam can be found at bars, cafés, massage parlors, karaoke bars, hotels, and on the streets Some even ride their motorcycles around town looking for new clients In Vietnam, study publications and conversations tend to focus on the danger of STDs and HIV among sex workers, rather than gender equality and policy issues Through thirty in-depth interviews and sex workers groups functioning in two major cities, Hanoi and Ho Chi Minh, Ngo et al (2007) investigated the lives of female sex workers in Vietnam The study's findings demonstrate that female sex workers in Vietnam have little choice for protecting themselves from the dangers of their jobs Instead of sex workers, sanctions and rules promote and protect the interests of other essential parties such as clients and sex brokers The rate at which sex workers are abused, exploited, or attacked is entirely determined by their interaction with sex brokers The vicious cycle of financial difficulties - sex workers make it impossible for them to break free Even when it is necessary to abandon prostitution and seek employment elsewhere, numerous obstacles stand in the way, such as societal biases, financial difficulties, threats from sex brokers and gangs, and so on They lack sufficient knowledge and understanding of the "fait accompli" position they are about to face as soon as they decide to work as a sex worker Starting a prostitution business is extremely challenging but quitting needs more than a simple exchange of goods and services In reality, sex workers don't get much aid from the community or the government 2.4.2 Media coverage of prostitution legalization 12 The Ho Chi Minh City Law Newspaper (2018) quotes a member of the National Assembly on the question of "Legalizing prostitution" as follows: "Don't look at prostitution just through the lens of noble customs and traditions Is the prostitute problem, which has endured for hundreds of years, pure culture or custom?'' In particular, during the seminar "Should sex work be acknowledged as a career field? On April 5, 2018, Mr Luu Binh Nhuong, a standing member of the Committee for Social Affairs of the National Assembly of Vietnam, offered his view on whether or not to legalize prostitution This is one of the views on legalizing prostitution expressed by a member of the National Assembly of Vietnam Commercialized sex, in his perspective, should be treated as a distinct profession with its own set of management rules It would be preferable to attack the issue from this angle rather than allowing the prostitute industry to take its course Furthermore, while examining the possibility of legalizing prostitution, he does not analyze it exclusively from a conventional standpoint He claims that this is an activity that has occurred for thousands of years in all genders, including men, women, and homosexuals The present management punishments are insufficient to keep up with the growth of this activity Mr Cao Van Thanh, Deputy Director of the Department of Social Vices Prevention (Ministry of Labour, War Invalids, and Social Affairs), made a comment on the online platform of the " Báo điện tử Đảng Cộng sản Việt Nam" (2018) - the official information organization of the Communist Party of Vietnam, that sanctions for administrative violations with sexual exploitation are not fair because there is no specific policy to deal with sex buyers According to him, the legislation governing the prevention and administration of criminal activities involving prostitutes is not viable in the current environment The penalties for prostitution are insufficient and ineffective He stated that the establishment of prostitution legislation is focused on the goal of institutionalizing the notion that sex work is banned in Vietnam However, the establishment of prostitution prevention and battle policies and legislation would assure respect for human rights while concentrating on public measures to lessen the harm caused by prostitution to the government, sex workers, and society, contributing to the country's stability and growth In this article, Dr Tran Van Dat, Deputy Director of the Department of General Legislative Affairs (Ministry of Justice), agreed with Mr Luu Binh Nhuong that the creation of commercialized sex legislation should be geared progressively toward the view of prostitution as a vocation According to him, the authorities should acknowledge prostitution and establish prostitution management in various zones, as several nations, and around the globe Only then will Vietnam be able to regulate and reduce the 13 spread of sexually transmitted illnesses There has been a lot of engagement and input from individuals who have the power to make choices and impact the development of prostitution regulations in Vietnam This is one of the key points in the heated argument over whether or not prostitution should really be allowed On social media, the debate raged on several sites, with people in the community offering their thoughts and ideas The public's views centered on the benefits and drawbacks of legalizing prostitution in Vietnam Perspectives and responses to the issue are also quite diverse: ethical perspective, management level, legal feasibility, social safety, public health, human trafficking, and so on The analysis provided on the Tifosi page on Facebook (2020) typically received over 8100 responses, 945 comments, and 634 shares This is a significant number, indicating public interest in this contentious subject 2.5 Our group opinion towards this problem 2.5.1 The reasons why we should legalize commercialized sex Legalization has left a significant illicit prostitution industry in each jurisdiction, which is likely greater than the legal sector This is due to a variety of factors The shame linked to prostitution has not changed as a result of legalization; this stigma, together with a reluctance to pay taxes, is one of the primary factors preventing women from registering as prostitution workers Minimum criteria, particularly in terms of health and drug abstinence, are another barrier discouraging women from partaking in legalized prostitution It is true that women who work in a legalized brothel are more likely to be protected from assault They are, however, occasionally pressured to have sex without condoms or to welcome a client with whom they not want to have sex Clients, on the other hand, not limit themselves to regulated brothels and continue to contact women engaged in illicit prostitution They have it for a variety of reasons, including decreased pricing, more availability, and the reality that many men aren't interested in safe sex or don't want to be supervised or restricted in what they to the women they meet (including injury to them) If only because of the existence of warning buttons, such activity is more difficult in authorized brothels On the basis of financial analysis, pimps have likewise been hesitant to support legalization While legalizing eliminates the illegal label from their actions and lessens the chance of arrest and punishment, the cost of institutionalization outweighs the benefits In a legalized brothel, the profit margin is less; also, taxes are paid, and women employed on a salary basis must be awarded individual liberties Illegal prostitution has costs associated with it, such as the need to conceal activities, pay bond fees, and so on, 14 but the profit margin allows them to be quickly recouped Despite preventative steps such as scrutinizing the arrest histories of applicants for permits, governments that have legalized prostitution have not been able to prevent criminal elements from entering the sex business In several cases, falsified documents have been utilized to get through the barriers erected by institutionalization, and trafficking victims have been found working in permitted, legal brothels in all the jurisdictions we investigated The quality of enforcement is a critical aspect in the efficacy of legalization and the growth of the legal prostitution business Has the approach resulted in more creative and efficient action in circumstances where enforcement was lax prior to institutionalization? 2.5.2 Purposes of legalizing commercial sex It is critical to learn from other nations' experiences with legalizing prostitution However, when exploring the possibility of legalization in Vietnam, the very first step should be to investigate the country's unique social, institutional, and political situations; to identify the identity of the commercial sex that has developed in recent decades; to examine who is promoting the idea of legalization and why; and to define its goals The sections that follow analyze the many purposes of legalization and determine whether they will be achieved ● Supporting women's rights as workers: If the purpose of legalizing is to better the workplace conditions and rights of women in prostitution, it seems dubious that any such advantage would be realized In the present scenario, where prostitution is not considered immoral, women employed in the industry are entitled to a variety of rights, but they seldom exercise them Indeed, it is unclear that the majority of women in the sex business are aware that they have the right to sue their employers in labor courts or through damages processes The great majority of proceedings against traffickers and pimps in Vietnam have been made feasible by the state's assistance for victims of human trafficking We have shown unequivocally that legalizing prostitution has not increased females’ access to the courts in any of the jurisdictions surveyed The essential key to alleviating their condition is not legalizing prostitution, but guaranteeing that all women engaged in prostitution, rather than simply victims of trafficking, have access to legal aid, even if their level of income implies, they are ineligible under the traditional legal requirements Another factor reducing the chances that legalizing prostitution in Vietnam will improve the situation of the women engaged is a large number of victims of trafficking and drug addicts working in the local sex business Women working in prostitution are particularly susceptible, owing to engrained discrimination as well as the terrible financial and emotional realities of their existence; they, too, are frequently exploited As a result, it is logical to infer that if prostitution is allowed, women will be 15 unable to exercise their rights Legalization is similar to a proclamation of rights, but it does not ensure that such rights will be realized in practice Achieving rights does not always result from institutionalization, and these liberties might be realized under Vietnamese law without institutionalization ● The financial element: Every country that has legalized prostitution has taxed the legal sex business It must be questioned if legalization pushed pimps to run all of their operations lawfully and pay all of their taxes Furthermore, despite the fact that paying taxes is a legal requirement in Vietnam, many people not pay their taxes in full Legalization will not impose any additional tax obligations on pimps but would just offer them certain privileges Will these rights serve as an inducement to pay taxes? It should be noted that profits in the legal industry are smaller, and in addition to taxes, brothelowners will be compelled to pay national insurance, health insurance, pensions, and so on ● Public health: In theory, legalization empowers prostitution workers to require that their customers participate in protected sex Nevertheless, as we have seen, they are not always able to use this authority in practice The case for legalizing based on a desire to assist women in protecting their health is only half correct The public's worry is not for the health of women, but for the health of their customers because it is the latter who transmit STDs to their partners The public is concerned not with the dangers that an AIDS-infected prostitute faces, but with the threat she poses to the public When the public discovers that AIDS-infected women are working in prostitution, panic erupts Nothing here is new or shocking It is only natural for women who have sexual contact with a big number of men and are unable to protect themselves to develop STDs The question is whether they should be held solely responsible for this circumstance while their clients are absolved of culpability It is also vital to remember the vast distinction between women who want to participate in prostitution and those who are forced to so Women forced into prostitution have little control over their working circumstances and are not normally free to choose whether to have sexual activities or seek testing or treatment They enter the world of prostitution from poor socioeconomic backgrounds, suffering from factors such as lack of education; their awareness of STDs and prevention strategies is limited Women who are not forced into prostitution are more aware of the risks associated with the sex business They are more aware of STDs and are more likely to seek testing on their own initiative and to protect themselves by using condoms A high prevalence of STDs among prostitute women reflects less on the women themselves and more on the disease of the community in which they reside The call to legalize prostitution so that women working in the industry can be inspected promotes an attitude 16 that absolves the client of the responsibility for having safe sex and places this task completely on the women A client has the right to demand unprotected sex at any time, and women not necessarily have the right to refuse Requiring women to undergo testing may potentially endanger their health, because customers who know they are indeed being tested may be motivated to demand unprotected intercourse ● Getting rid of the social stigma: In a 2004 study conducted by Mina Zemah, participants were asked how they would behave if a qualified job applicant revealed during the interview that she had previously worked as a prostitute 34 percent were certain they would accept the woman; 26 percent believed they would most likely accept her; 12 percent believed they would most likely reject her, and 22 percent were certain they would Although prostitution is not illegal in Vietnam, Vietnamese society opposes it Prostitution has been surrounded by stigmas and stereotypes from ancient times, and it's unlikely that declaring it an official "profession" can remove such deeply rooted attitudes The above-mentioned countries' experiences demonstrate that legalizing prostitution has not remedied the problem or aided women in asserting their rights in society ● Transparency keeps criminals from becoming prostitutes: Experience has shown that a commercial sex work industry does not diminish the existence of illegal prostitution or might instead exacerbate it Because sex work is a field full of exploitation opportunities, and because the women working in the field are vulnerable and readily exploited, there is reason to believe that even those with no prior criminal history may participate in trafficking This is basically what happened to migrant employees, who were brutally exploited by allegedly respectable and reputable personnel businesses that ostensibly met all legal requirements except the duty to respect their employees' rights 17 Table Attitudes toward legalization of prostitution UNITED STATES AGREE (%) Legalize prostitution (1991) Legalize prostitution (1996) Decriminalize prostitution, Berkeley, CA (2004) Decriminalize prostitution, San Francisco, CA (2008) Prostitution does not hurt Nevada’s tourism industry (1988) Retain legal brothels, Nevada (2002) 40 26 36 42 71 52 OTHER NATIONS FAVOR LEGALIZATION (%) Britain (1998) Britain (2006) Canada (1998) Czech Republic (1999) France (1995) Israel (2005) Netherlands (1997) New Zealand (2003) Portugal (2001) Western Australia (2000) Western Australia (2006) 61 65 71 70 68 65 73 51 54 71 64 10 11 12 13 14 15 16 17 Sources: Gallup poll, 1991, N = 1216 Legalize and regulate prostitution to “help reduce the spread of AIDS”; Gallup poll, 1996, N = 1019 (“prostitution involving adults 18 years of age and older should be legal”); November, 2004, ballot measure (Measure Q), instructing Berkeley police to treat enforcement of prostitution law as the “lowest priority”; November 2008, ballot measure (Measure K), instructing San Francisco police to discontinue all prostitution arrests and defunding the city’s john school; Nevada poll, N = 1213, conducted November 1988 by the Center for Survey Research at the University of Nevada, Las Vegas 22% thought that prostitution “hurts the state’s tourism industry”; Nevada poll, N = 600, Law Vegas Review-Journal, September 17, 2002; ITV Poll, reported in Agence France Presse, November 16, 1998, N = 2000 (“legalizing and licensing brothels”); IPSOS/MORI Poll, January 6–10, 2006, N = 1790 (“prostitution should be legalized”); Compas Poll, Sun Media Newspapers, reported in Edmonton Sun, October 31, 1998, N = 1479 (“legal and tightly regulated” = 65%, “completely legal” = 6%; IVVM poll, reported by Czech News Agency, National News Wire, April 26, 1999 (“legalizing prostitution”); French poll reported in Boston Globe, January 22, 1995 (“legalized brothels”); Jerusalem Post, July 19, 2005, N = 500 (legalization of prostitution and licensing of prostitutes ); Dutch poll cited in Brants (1998) (“legalization of brothels”); New Zealand Herald, May 14, 2003, N = 500 “Don’t know” responses removed from total (legal brothels); Marketest poll of residents of Lisbon and Oporto, reported in Financial Times and Diario de Noticias, August 14, 2001 (“legal brothels”); Sunday Times poll, March 26, 2000 (legalization of brothels); Poll reported in The West Australian, February 15, 2006 (legalization of prostitution) 10 11 12 13 14 15 16 17 2.5.3 Conclusion Based on the experience of other countries with the legalization of prostitution, as well as a public poll and consultation with key stakeholders (prostitutes, attorneys, specialists), the legalization of prostitution in Vietnam at the present is absolutely inappropriate for a variety of reasons To begin with, the law enforcement system still has numerous flaws It is difficult to get the intended result while managing complicated activities such as prostitution Failure to successfully supervise this activity contributes to a slew of additional issues, including corruption, market manipulation, threats to societal safety and security, moral 18 degradation, human trafficking, and STD infection Second, the legalization of prostitution will not be supported by a large number of stakeholders In Vietnam, ethical principles and morals not let prostitution to function openly and earn legitimacy as a vocation This inhibits sex workers, who are the primary goal of Vietnam's legalization of prostitution, from engaging in changes in policy pertaining to this sort of activity Third, legalizing prostitution in Vietnam violates the Vietnamese constitution's human rights and ethical norms, which are at the heart of the country's stability and prosperity Finally, rather than raising penalties for these subjects, updating applicable legislation and current policy instruments to enable sex workers to give up sex work would be an effective method to cut supply for the sex market rather than legalizing prostitution Furthermore, it is critical to quickly supplement new sorts of prostitution activities, such as homosexual prostitution, prostitution disguised as social interactions, and so on 2.5.4 Recommendations Vietnam may explore the following implications to improve violence prevention and response, damage reduction, interventions, and community inclusion for prostitution: Firstly, the Law on Prostitution Prevention and Control, which would replace the current Prostitution Prevention and Control Ordinance, must be approved The Law on Prostitution Prevention and Control should be based on a human rights approach, bridging legal gaps among Vietnamese law and international standards for defending the rights of vulnerable communities, and associated with the human rights conference, The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) This legislation should include clear clauses protecting the right to be safeguarded from all forms of violence, as well as the right to fair access to support services free of stigma, racism, and exploitation, and also sex workers' rights Second, the Law on Prostitution Prevention and Control should include violent acts targeting sex workers These rules will lay the groundwork for the creation of a mechanism to safeguard sex workers, as well as circumstances for sex workers (particularly female sex workers) to overcome their inferiority complexes, fear, and easy access to protective agencies in the event of an emergency Third, the legislation should provide that sex workers who are victims of violence have access to state-provided medical treatment and legal assistance Sex workers are an 19