OUTLINE

 INTRODUCTION

 CLEARIFICATION OF TERMS

 HISTORICAL BACKGROUND

 PROSTITUTION AS WORK

 FEMINIST VIEW

 INTERNATIONAL LABOUR ORGANIZATION

 CRIMINALIZATION, DISCRIMINALIZATION AND LEGALIZATION OF

PROSTITUTION

 EVALUATION

 CONCLUTION
INTRODUCTION

Prostitution is one form of sex work where a person has sexual encounters for money. Sexual

activity is defined variously, typically as requiring physical contact (e.g. sexual intercourse, sex

without penetration, manual sex, oral sex, etc.) with the customer. However, the need for

physical contact also increases the risk of spreading infections. Prostitution is sometimes referred

to as sexual services, commercial sex, or, informally, hooking. Dubbed euphemistically ‘the

world's oldest profession’. “Generally speaking, it is the act of having relatively indiscriminate

sex with someone who is not a friend or spouse in return for quick cash or other assets. Although

prostitution can involve heterosexual or gay behavior and prostitutes can be female, male, or

transgender, traditionally, the majority of prostitutes have been women and the majority of their

clients have been males.”1

CLEARIFICATION OF TERMS PROSTITUTION

Prostitute is a term that has origin in the Latin “prostitute”. Some sources, however, cite that the

verb comprises that prefix pro meaning "up front" or "forward", and prostituere, meaning "to

offer up for sale"2.

WORK

Work may refer an any human activity, intentional activity people perform to support

themselves, others, or the community. “work means to engage in an activity or doing a job to

earn money. The job or the activities that one does regularly to earn money” 3

1
Jenkins, J. Philip. "prostitution." Encyclopedia Britannica, October 30, 2024.
2
Jenkins, J. Philip. "prostitution." Encyclopedia Britannica, October 30, 2024.
3
Long man active study dictionary, 5th ed. (2010), “work”
HISRORICAL DEVELOPMENT

The authenticity of these allegations has been critically questioned due to a lack of supporting

evidence, even though historical reports from ancient Greek authors such as Herodotus claimed

that peoples in the Ancient Near East engaged in holy prostitution. The poet Anacreon (c. 575–c.

495 BC) made mention to "whores by choice" in his poem about Artemon, one of the earliest

known references to prostitution in ancient Greece. 4 Both compulsory slave prostitutes and free-

born volunteer prostitutes, such as the high social rank hetairai, are mentioned in the better-

documented history of prostitution throughout the classical era. Ancient Greece also had male

prostitutes. The Pompeii brothel's fresco In ancient Rome, there was never a single legislative

framework governing prostitutes. Prostitutes were viewed as infamia and had a poor social rank

in ancient Rome. Prostitution was subject to a tax under Emperor Caligula's rule. “The ne serva

prostituatur covenant, which forbade slaves from being forced to engage in sexual activity by

their masters after being sold, was permitted to be incorporated into slave sale contracts by

Roman slave owners.5 Argentina had a significant immigration in the early 2oth century. In

1875, prostitution gained legal status”. Furthermore, another significant influx of European

immigrants sought improved employment prospects in Buenos Aires as a result of the Great

Depression. There have been instances, meanwhile, where women were duped into traveling to

Argentina under false pretenses of finding a spouse and a better life, only to be duped by brothels

known as bordellos. “The "reglamentarismo" regulations, which were in effect from 1875 until

1936, permitted state-regulated legal prostitution. Women who offered sexual favors to many
4
Kapparis Konstantinos, "Prostitution in the Archaic Period", Prostitution in the Ancient Greek World,
(De Gruyter printing press) , 15–46.
5
McGinn, Thomas A. J, "Ne Serva Prostituatur: Restrictive Covenants in the Sale of Slaves" (Oxford
University PressNew York), 288–319.
men were required to work in registered establishments or live alone and undergo biweekly

medical exams”.6

PROSTITUTION AS WORK

FEMINIST VIEW

There are many different feminist viewpoints on sex markets, depending on the kind of feminism

being used. The system of supply and demand that results from sex labor being traded as a

commodity is known as the "sex market”.7 It is possible to further divide the sex market into two

categories: the direct sex market, which mostly pertains to prostitution, and the indirect sex

market, which includes sexual enterprises that offer services like lap dancing. The creation and

distribution of pornography constitute the last element of the sex market. Given the differences

in feminist viewpoints, “there are numerous documented examples of feminist writers covering

the sex market from both explicit and implicit feminist views, covering both "autonomous" and

"non-autonomous" sex markets. Since some feminist ideologies contend that the monetization of

women's bodies is never autonomous and is, therefore, subversive or deceptive by word, the

citations have been included”.8 Diverse feminist perspectives exist about prostitution. Many of

these stances can be loosely grouped into a broad perspective that is often either in favor of or

against sex work and prostitution. Though persons involved in prostitution and sex work are not

usually women, the conversation surrounding prostitution frequently assumes that sex workers

are female. Prostitution, according to anti-prostitution feminists, is a manifestation of male

power over women and exploitation of women, and it is a product of the patriarchal social

6
Camiscioli, Elisa (August 2019). "Coercion and Choice". French Historical Studies. 42 (3): 483–507.
7
Seabrook, Jeremy , “Travels in the skin trade : tourism and the sex industry” 2nd ed. (London: Pluto
press, 2007), 39-41.
8
Meyers, Diana Tietjens (2013-11-12). "Feminism and Sex Traf icking: Rethinking Some Aspects of
Autonomy and Paternalism". Ethical Theory and Moral Practice. 17 (3): 427–441.
structure that now exists. These feminist contend that because prostitution perpetuates stereotypes

about women as sex objects to be exploited and mistreated, it has a detrimental impact on society

at large as well as on the prostitutes themselves. According to radical feminism, the sex industry

and prostitution are examples of how patriarchal demands have caused women to be subjugated

and violent. According to Andrea Dworkin, overcoming sexual subordination is necessary for

gender equality. Incompatible with radical feminism is the sex market, which turns women's

bodies into commodities. Some contend that by removing the distinction between sexual activity

and commerce, it diminishes women's social sovereignty. Inhumane treatment, social and

economic power imbalances between customers and providers, and the maintenance of women's

subordination through high demand are the main causes of this lack of autonomy. According to

radical feminists, “capitalist nations have a "moral" economy in which socially acceptable

behavior reflects views on personal freedom. Without sacrificing the sexual autonomy of

women, the sex market satisfies its commitments to customers”.9

INTERNATIONAL LABOUR ORGANIZATION

The International Labour Organization (ILO) is a United Nations organization tasked with

establishing global labor standards in order to promote social and economic fairness. It is one of

the original and oldest specialized organizations of the United Nations, having been established

under the League of Nations in October 1919. Laws and stereotypes about commercialized sex

were already in place worldwide prior to the ILO's founding in 1919. The British parliament

passed the first instance of this type of legislation in 1885 in response to local British citizens

who wanted the government to outlaw "white slavery" and raise the consent age for females. In

the 19th century, the phrase "white slavery" was used to refer to the exploitation of women and
9
Anderson Scott A. . "Prostitution and Sexual Autonomy: Making Sense of the Prohibition of
Prostitution". Ethics . (London: Pluto press, 2002), 748–780
girls who had been classed as "White" but were nevertheless coerced into becoming prostitutes

by professional seducers. Following the twentieth century's turn. “The focus of English

legislation turned to safeguarding the nation's boundaries against the alleged threat posed by

foreign girls. Although the goal of the 1905 Alien Acts was to stop Jewish immigration, they also

laid the groundwork for later laws that would be used to combat foreign sex workers. The British

government's ability to repatriate foreign women suspected of prostitution was strengthened by

this law”.10

CRIMINALIZATION, DISCRIMINALIZATION AND LEGALIZATION OF

PROSTITUTION

The position of prostitution and the law varies widely worldwide, reflecting differing opinions on

victimhood and exploitation, inequality, gender roles, gender equality, ethics and morality,

freedom of choice, historical social norms, and social costs and benefits. Legal themes tend to

address four types of issues: victimhood (including potential victimhood), ethics and morality,

freedom of choice, and general benefit or harm to society (including harm arising indirectly

from matters connected to prostitution). Prostitution may be considered a form of exploitation

(e.g., Sweden, Norway, Iceland, where it is illegal to buy sexual services, but not to sell them—

the client commits a crime, but not the prostitute), a legitimate occupation (e.g., Netherlands,

Germany, where prostitution is regulated as a profession) or a crime (e.g., many Muslim

countries, where the prostitutes face severe penalties). The legal status of prostitution varies

from country to country, from being legal and considered a profession to being punishable by

death. Some jurisdictions outlaw the act of prostitution (the exchange of sexual services for

money); other countries do not prohibit prostitution itself, but ban the activities typically
Lammasniemi, Laura (16 November 2017). White Slavery': The Origins of the Anti-Trafficking
10

Movement (London : Amazon press, 2017), 211 .

difficult to engage in prostitution without breaking any law; and in a few countries prostitution is

legal and regulated. However, Decriminalization sees prostitution as work like any other and

believes that there should be no particular rules or regulations pertaining to sex industry

establishments. This is the current state of affairs in New Zealand, where prostitution is barely

regulated at all despite the repeal of the laws prohibiting pimping, running a brothel, and street

prostitution. This viewpoint's proponents frequently point to examples of government control

under legalization that they believe to be violent, degrading, or intrusive, but believe that

criminalization has a negative impact on sex workers. Among the prominent organizations

advocating for the decriminalization of prostitution is Amnesty International. 11 Although it is

regulated differently, prostitution is a legal industry. It is permitted but subject to regulations in

the Netherlands, Germany, Australia, and some areas of Nevada. While there are stringent laws

in Nevada, prostitutes in the Netherlands are exempt from mandatory health examinations. Since

prostitution is illegal in many places, workers are not regularly examined for sexually transmitted

diseases, and significant sums of money are not included in state tax collections. This is costly to

the health system and risky in societies that value unprotected sex. In 1992, it was estimated that

undeclared prostitute profits cost Australia $96 million in lost tax revenue.

11
Wiliams jamson, Amnesty International publishes policy and research on protection of sex workers
rights (Amnesty International. Publication, 2007), 211.
EVALUATION

When considering prostitution as a form of employment, it is evident that the debate goes beyond

legality to include concerns about economic necessity, human rights, public health, and

individual liberty. The necessity for laws that safeguard sex workers rather than penalize them is

highlighted by the framing of prostitution within the framework of labor rights. Depending on

cultural perceptions of their occupation and legal frameworks, sex workers' experiences can

differ greatly. Through their job, some people might achieve financial independence and self-

determination, but others might face serious risks and exploitation. Therefore, creating effective

legislation requires a sophisticated approach that takes into account the perspectives and

experiences of persons engaged in sex work. Eventually, cultural attitudes and legal systems

must change in order to accept prostitution as a valid type of job. Decriminalizing and regulating

sex workers to prioritize their health and safety will help society better assist people in making

decisions about their bodies and means of subsistence. This method recognizes the complicated

circumstances that people in this field must deal with while also respecting individual autonomy.

The idea of work as a form of work cannot sometimes be blamed on those involved in it. Reason

be that it could be as a result of human trafficking, bad economy status, lack of proper parental

care, peer group influence and other determining factors militating around the tendency of

involving in prostution. Hence it should be the duty of government to watch out for some of this

factors that may allow the citizens of a given society to involving the act of prostitution.

However, putting to consideration the health challenges faced this sex workers. They are firstly,

prone to very deadly health problems such as Aids, Hiv, cancer e.t.c, of which may affect their

life terribly and of which would also lead to serious health stigma, depriving them of some basic

social benefits. Secondly, the risk of sexually transmitted diseases is very high as various kinds
of infections begin to spread of which may lead to loss of lives and so many devastating health

problems.

CONCLUSION

In conclusion, It is understood that individuals needs to work in other to fair well in the society
but should be through a modest means. Prostitution as work cannot be accepted as legal form of
work even thogh some certain government accept it as a form of work. But for the very fact that
it involves a lot of social contradictions, it should no be accepted as a form of legal work.