Running Head: A FAIR-MINDED ANALYSIS

Is Prostitution A Free Choice? A Fair-Minded Analysis

Isaac Carranza
School of Modern Languages
University of Costa Rica

A FAIR-MINDED ANALYSIS

2
Abstract

This essay explores prostitution from different viewpoints to determine in which situations it becomes a
forced practice or a result of women's free choice. To do so, the article discusses opposing feminists
approaches, social-economic factors, and human rights. The article concludes that neither
criminalization nor decriminalization provides a long-term solution, yet decriminalization of
prostitution seems the most efficient method to complement an anti-trafficking policy.
Keywords: prostitution, human trafficking, feminism, free choice

A FAIR-MINDED ANALYSIS

Is Prostitution A Free Choice? A Fair-Minded Analysis

Prostitution is often called the oldest occupation in the world. Although such assertion may be
exaggerated, it is still correct that prostitution is a long-lived and widespread activity. Prostitution has
been present throughout human history and in many different cultures. Prostitution already existed
years BC, and it was present in places so dissimilar such as India, Japan, Ancient Greece, and The
Roman Empire (Trifiolis, 2012). Currently, prostitution is present in both developed and developing
countries, though it is criminalized in some countries and legalized in some others. Yet, because
prostitution may be involved in slavery and human trafficking, some people do not consider it an
entirely free choice. This fact, however, does not mean that women cannot voluntarily engage in it. In
fact, if prostitution were legal and properly regulated, many women would choose to practice
prostitution.
Despite having such a long history, prostitution is still a controversial topic from many
approaches. One of these is the feminist approach, in which prostitution has been for many years a
highly-debated issue. Just as O'Connell (1995) mentions, prostitution has proved to be a divisive issue
amongst feminists. On the one hand, some feminists believe prostitution is solely a form of oppression
in patriarchal societies. This branch of feminism considers that prostitution is, in fact, the uttermost
expression of male dominance over women's bodies. Paying money for sex provides customers the
power to dominate women. Because they believe so, they oppose any form of legalization or
regulation, and rather, they believe clients and procurers must be punished as they violate human rights
(Audet, 2009). On the other hand, other feminists hold an opposite position; they believe prostitution
demonstrates women's empowerment over their bodies and that prostitutes should be allowed to use
their body as they most consider it appropriate. These feminists, thus, openly advocate for the
decriminalization of prostitution. Undoubtedly, both perspectives have valid points, but both fail in that
they hold a Manichean position about the issue. Prostitution is not a black-and-white issue as both sides

A FAIR-MINDED ANALYSIS

consider. Instead, from both perspectives one derives that prostitution is a complex situation that goes
beyond the concept of patriarchy. As Plamondon (2002) suggests, Prostitution is difficult to grasp. It is
a complex, multifaceted problem that impacts reality in different ways. Prostitution, hence, is not an
isolated phenomenon, but it is an issue with manifold expressions and causes. There are different forms
of prostitution and different ways in which it takes place. Prostitution can be an imposed occupation,
and in this case it would be a form of oppression. Certainly, when a woman is obliged to do something
that she does not consent to, she is victim of oppression. However, one can imagine a scenario in which
prostitution is decriminalized. In this scenario, a woman, who is informed about different occupations,
decides to consciously engage into prostitution. One can argue that this woman is independent and
empowered as she can choose the way she lives on and how she uses her body to do so. Therefore, one
cannot speak of prostitution as a whole, for whether prostitution represents oppression upon women or
empowerment depends on each particular situation.
Furthermore, people who do not consider prostitution a free choice argue that, in many cases,
women are not forced by a person. Contrarily, they argue that circumstances such as poverty, lack of
education, and unemployment force women to engage into prostitution. Unfortunately, such assertion is
correct. For instance, Audet (2009) questions if one can speak of 'voluntary prostitution' when the
majority of prostituted women are vulnerable due to their violent environment, poverty, unemployment,
and drug addiction. Such statement makes one call into question if prostitution is objectively a free
choice or a result of social-economic circumstances. Therefore, one deduces that when a woman
decides to practice prostitution due to social-economic needs, that woman is not objectively deciding
her occupation. Instead, such woman would be victim of oppression due to lack of opportunities. In this
case, prostitution would be not related whatsoever to free choice. Because of this situation, the root of
the problem is neither to decriminalize nor punish. The most feasible solution to this problem is
preventing the situation to happen. For this purpose, society needs to provide people with the most

A FAIR-MINDED ANALYSIS

prosperity and equality as the human nature permits.

Other sectors that do not consider prostitution a free choice argue that prostitutes are usually
victims of human trafficking and slavery. For example, Plamondon (2002) acknowledges that sex trade
is a relevant part in human trafficking. Organized crime utilizes these people to trade them, offer their
services, and make significant profits. Though people who oppose prostitution have a well-founded
point, they also miss part in their analysis. Indeed, one cannot deny that prostitution is in many cases
related to human trafficking and slavery. However, a broader perspective on the issue should be
considered. There is only one reality and two scenarios. Countries where prostitution is illegal and not
regulated are one scenario, and countries where prostitution is legal and properly regulated constitute
the other scenario. In both of them, the reality is one: forced prostitution and human trafficking occur in
both. Therefore, the question is, where would those women, who unfortunately are forced to prostitute
themselves, be more secure, less vulnerable, and have safer conditions? As a matter of fact, the Dutch
Ministry of Foreign Affairs (2012) shows that the decriminalization of prostitution provides victims a
safer environment and the same rights as other professionals. Decriminalization and regulation also
provide government useful data to conduct inspections. This data allows authorities superintend traces
of human trafficking more easily and have more reliable information about this crime. Hence,
decriminalization creates a safer environment that allows any woman to practice prostitution if it is
their will. Additionally, decriminalization helps government to have more efficient mechanisms to
combat human trafficking and forced prostitution.
The information shown in this essay leads one to conclude that prostitution is a complicated
phenomenon with manifold expressions. On the one hand, prostitution is related to human trafficking
and sex slavery. In such case, prostitution becomes a forced practice, and thus it cannot be considered
the result of free will. Undoubtedly, any form of prostitution under sex slavery or any related activity
must be punished accordingly. On the other hand, prostitution can also be a free choice for well-

A FAIR-MINDED ANALYSIS
informed women who decide to live on with such occupation. Overall, one must say that neither
decriminalization nor criminalization offers a definite solution to prostitution and sex trafficking.
However, the collected information also indicates that decriminalization constitutes the most efficient
policy to complement others. The most recommended action is to provide women, especially those in
poverty, proper conditions and opportunities to avoid being forced by their social-economic
environment. At the same time, if a woman voluntarily decides to engage into prostitution, she would
have safer conditions. Laws, therefore, allow her to denounce any violation of her rights. Finally, the
government needs to play an appropriate role in investigating activities related to prostitution and sex
slavery. By following these recommendations, violations of human rights could be prevented more
efficiently because such method combats both the roots and the symptoms of the problem.

A FAIR-MINDED ANALYSIS

7
References

Audet, . (2009). Prostitution: Feminist Perspectives. Montreal, Quebec: ditions Sisyphe.

Dutch Ministry of Foreign Affairs. (2012). Dutch Policy on Prostitution: Questions and Answers.
Retrieved from
http://www.minbuza.nl/binaries/content/assets/minbuza/en/import/en/you_and_the_netherlands/
about_the_netherlands/ethical_issues/faq-prostitutie-pdf--engels.pdf-2012.pdf
OConnell, J. (January, 1995). The Anatomy of Free Choice Prostitution. Gender, Work and
Organization, 2(1), 1-10.
Plamondon, G. (2002). Is Prostitution Work or Exploitation? Further Consideration is Needed. Conseil
du Statut de la Femme. Retrieved from
http://www.sexwork.com/montreal/WorkOrExploitation.pdf
Trifiolis, K. (2012). Legalizing Prostitution: An Introduction. Student Scholarship, 139. Retrieved from
http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1147&context=student_scholarship