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Severní Evropa - Skandinávie a okolí > Švédsko - tak tady opravdu NE !

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HOW THE LAW CAME TO EXIST
1. | vloženo: 30.03.11 17:34
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Sweden has never had much prostitution, compared to most other countries. According to an investigation made by the government in the mid-nineties, Sweden had about 2500 prostitutes, 650 of whom were street prostitutes; half of the latter were on drugs. Sweden has a population of nearly 9 millions.

Prostitutes were being helped by special groups of social workers, and by the extensive social welfare system. In the last years even clients with sex addiction were offered help, and the programs reported good success. This work was stopped when the new law came, instead clients were to be seen as criminals and all the money was given to the police.

Considering the very small extent of prostitution in Sweden, and the vast social programs existing, why was prostitution considered to be such a big problem that this new law was "necessary"? Why was the law designed so to only forbid the buying but not the selling of sex? To understand this, an explanation of the ideological climate in Sweden is needed.

A radical feminist movement with strong puritan strains has grown strong in Sweden in later years, and it has affected all political parties as well as the public debate very much. According to these ideas all women are subordinate to men, in such an extent that you cannot talk about women having a free will. Women are victims of the "patriarchy", and should therefore be protected by the state from doing "wrong" things - even against their own will.

Prostitution is not seen as a social problem, but rather as a symptom of the inequality between the sexes. "Prostitution is the strongest expression of men's oppression and abuse of women. It is violence against women." According to this view, no woman can possibly choose to sell sexual services. Consent doesn't count. She is always a victim. Therefore the sex clients are made criminals, but not the prostitutes. The law is formally gender neutral, but in the proceeding debate the prostitutes were always called "the women", and the clients "the men". By making prohibition a feminist question, judicial and social objections became unimportant. The important thing was to punish "the men".

To this should be added the long Swedish tradition of social engineering, and state paternalism. One of the main arguments for the law was that it was necessary to "mark that 'we' don't accept prostitution in 'our' society". That way, they idealistically believe that their own Utopia will be made real eventually. Even if some of them might realise that the law would not put an end to "the world's oldest profession", they still wanted their symbol-law just for it's own sake.

After a long time of lobbying by certain extreme radical feminist groups the Social Democrats' party congress 1998 decided that sex purchase should be prohibited. There was still no majority among the members of Parliament, but the law was pushed through with the so-called "party-whip" - everybody had to vote according to the party's line. From January 1st, 1999, it is illegal to buy or try to buy sexual services in Sweden. But legal to offer and sell sex.
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OBJECTIONS TO THE LAW
2. | vloženo: 30.03.11 17:35
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When the criminalization was suggested, many important people and organisations were against it. Amongst others were the government's highest judicial experts, Lagrådet, the Minister of Justice, many social workers, and the prostitutes themselves. All were simply run over by the prohibitionists. They didn't bother about any objections based on facts, they didn't look at international experiences. Their ideology was all that counted not the reality.

The objections to prohibition were mainly the following:

1. Prohibition is harmful for the prostitutes

Prostitution belongs to a certain group of phenomena, where a prohibition causes more evil than good (compare with abortions).

A prohibition does not abolish prostitution, but drives it underground with less societal control.
The possibility for social workers to get into contact with prostitutes diminishes, and thereby the possibility to help them in different ways, for example with social aid programs.
The risk of violence grows, because of increased isolation, scared clients, blackmailing, pimping etc.
Pimp dependence occurs, something that has been quite rare in Sweden until now. Pimps will be needed to protect the business and the prostitutes, and to establish contacts with clients. But they parasite on the prostitute, and might also force her, beat her, etc. The prohibition also opens up for organised crime.
Fighting forced prostitution and trafficing gets more difficult. Sex clients are unwilling to testify because it would mean confessing a crime, which leads to problems for the police and courts.
The risk of hiv-spread grows. Prostitutes get less time and possibility to negotiate about safe sex, and the infectious disease doctors get it more difficult to trace the spreading.
The aids-fighting organisation EUROPAP, which is supported by the EU-commission, is against the criminalisation.
"Regarding EUROPAP's position towards Sweden, I think it is clear that the EUROPAP group does not believe criminalization is a good road to follow, and indeed is a danger for public health (and to the sex worker and his or her clients)."
Dr. Ruud Mak Wed Sep 10 1997
The prostitutes' rights organisations, which exist in many countries, are all against a criminalization of all these reasons. But nobody has asked the Swedish prostitutes. They have until now been unorganised, socially rejected and despised, and therefore powerless, without self-confidence. Easy victims for the politicians' ambitions. Now that the law already is a fact, some Swedish prostitutes at last seem to be working on a union. The prohibition and its bad effects have made a union so necessary that the former inhibitions have been able to overcome.

2. The criminalization is judicially wrong

The highest governmental judicial expertise, Lagrådet, spoke against the law, because it is judicially questionable and might diminish the public respect for laws. Now, also many other significant instances within the police and courts protest against the law.

The law is unsymmetrical in an unusual way. In no other case is it forbidden to buy anything, which it is completely legal to sell.
It is wrong to criminalize an agreement between two adults, where no one is forcing the other. What reasons people have to do an act, which is legal in itself, is usually not considered to concern the State.
The law cannot be implemented. It is almost impossible to prove a crime unless the client confesses. Because there is no crime victim, there is nobody who wants to report or witness against the alleged sex buyer. The only way to secure evidence would be to introduce questionable methods like provocation or bugging.
Until today it has been possible to convict so few people (2, of 59-arrested jan-oct '99), that police, prosecutors and the General Attorney (Riksåklagaren) point massive criticism against the law for being totally useless.
One should also consider the fact that the police only clear out less than a third of all real crimes today, crimes like murder, rape and theft. Then it must be a wrongful prioritisation to use limited resources to be moral guardians and try to catch sex clients - a transgression which in punishment corresponds to shop lifting, and is not at all forbidden in most other countries in Europe.
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RESULTS SO FAR
3. | vloženo: 30.03.11 17:36
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The proponents for the law claim that it has been successful, an example to the rest of the world. They have to defend their actions. But are they truthful? True is that street prostitution has decreased some, but has prostitution decreased? And how have the sex workers situation developed? Is the law effective, does it do well or harm?

Here are some actual news:

1. More violent sex trade

Rikskriminalen (the State Criminal Department) warns in a report to the government that the sex trade can be more violent. The prohibition has made it more difficult to reveal prostitution, they conclude. Because of the prohibition clients are unwilling to testify in procuring cases. Especially worrying is the trade with foreign women, who often get completely in the hands of pimps. The authorities demand an evaluation of how the new law affects the hidden prostitution; when the law was introduced street prostitution went down, but instead prostitution has increased on hotels and restaurants as well as on the Internet.

The police report that fighting forced prostitution and international trafficing has gotten more difficult. The pimps threaten the girls by saying that prostitution is illegal, and the sex clients are not willing to testify because it would be to confess guilty of a crime. Foreign prostitutes are mostly sent out of the country before the trial, and even if they still are present they are often scared by the pimps to be silent. With no witnesses available, the police and prosecutors have big problems to prove a case.

2. The law is condemned by the legal system

Since the new law was introduced in January '99, only 59 clients have been reported suspected of buying occasional sex. But only two (2) have been convicted, and they had confessed and plead guilty!
This proves that the law cannot be implemented. It is too difficult to find evidence to prove a crime. One can also question whether it is acceptable that the police arrest so many people that can't be convicted in court.
Now police, prosecutors and the General Attorney (RÃ…) rule out the law. RÃ… has to the government stressed the difficulties in using the law.

The prostitute is almost always unwilling to witness against the client, as she or he doesn't se herself or himself as a crime victim - and is not obliged to witness either, since nobody has to do that according to the law if it could be considered "disgracing". How it can be a crime anyway, without a victim, is another question. Anyway, it has shown to be impossible to convict anybody against his denial.

3. Prostitution moves abroad

Denmark has been "invaded" by Swedish men buying sexual services there. According to the papers Danish and Swedish prostitutes have worked overtime to take care of all clients from southern Sweden. In the town Helsingör fifteen women have opened a new brothel together, especially for Swedes.

Denmark has no intentions to follow the Swedish example; they are too sensible for that. Instead, prostitution has been decriminalised even more. Danish papers make fun of the Swedish prohibition. Ekstrabladet writes: "The Swedes are, as usual, out of their mind. Prostitution is allowed, but not the clients. How does that go together?"

The German paper Der Spiegel writes "Love for sell may not be bought in Sweden", and has the same difficulties as Ekstrabladet to make sense of it. "Prostitution is legal, but not to make use of it. What sounds somewhat confusing, is by the "red-stockings" in Swedish politics held to be epoch-making progress." The paper then continues with describing how difficult the evidence situation is for the police, that prostitution instead of taking place on the streets has moved indoors, and describes the hauss for Danish prostitutes.

4. Prostitution in Sweden finds new ways.

Prostitution has gone underground. Street prostitution is halved but, according to the police, prostitution still remains in the same extent - out of society's observation, control and aid possibilities.

It is known that trade with sexual services now are arranged via mobile telephones, informal contacts, on hotels and night-clubs, and via ads on the Internet. The number of home brothels has increased, and the power and possibilities of pimps is growing.

5. The law worsens the prostitutes' situation

Criticism is growing against the government's way of dealing with prostitution. Kommunförbundet (Alliance of Counties) say that resources for social work are too scarce, all the money has gone to the police.

Prostitution has found new ways. But the minority who prostitute themselves to finance drug abuse are in most cases so bad off that they lack these other possibilities, and they are desperate today. A criminal inspector says: "These women have a terrible life now"

A prostitute in the article says: "Take the junkie girls for example. The law is killing them! They don't manage anything else then stealing or selling sex on the street, and now their customers disappear. Then they'll kill themselves!

6. The Social Minister says the law will be evaluated

After the massive criticism, Social Minister Anders Engqvist says that the law will be evaluated next year. That is good. The question is, however, if not too much prestige is involved in the matter, to hope for an objective evaluation that would abolish the law.

7. Prostitutes unite

A former prostitute, Rosinha Sambo, is said to be spokeswoman for a new, countrywide union for prostituted women, called PKR (prostituted women's rights), which they want to form in Sweden. They will fight to improve the prostitutes' situation and status, make prostitution an accepted profession, and abolish the law against sex clients.

Such an organisation has been missing in Sweden until now, unlike most other countries. If it had existed earlier, the prostitutes would have had a way to make their voices heard, and tell that they are against criminalisation. Then those who advocated for the law would not have been able to lie about their standing on the prostitutes' side. Probably, it would then have been more difficult to get their law through the Parliament.

Now, it is likely that the law cannot be abolished within the nearest future. The pro-criminalization politicians don't care about the prostitutes will, and not about their well being either. The prohibition has become a symbol-law, with powerful ideological overtones. Then the results mean nothing. But reality cannot be neglected in the long run.

This homepage wishes the new Union good luck and progress in its work!


8. Summary:

Until now, the law against buying sexual services in Sweden has lead to:

Less street prostitution.

Instead, more prostitution in other ways and places.

Increased sex tourism to other countries.

Increased violence, force and compulsion against prostitutes, and more pimp dependence. A worse situation, especially for those who lack alternatives to street prostitution, like the drug addicts.

Less possibilities to fight forced prostitution and trafficing.

Less societal control, and less possibilities to help prostitutes and clients.

A law that can't be implemented, and will diminish either law obedience or legal security. Without getting rid of prostitution. The law is already being ruled out by important legal instances.

The prostitutes have been run over and humiliated by the politicians. Sex workers now, at last, seem to be on their way to create a union, but the law is already a fact and it will take time before it can be abolished.

Sweden has made an example to rest of the world - that this is not a good road to follow. The law is a complete failure so far - whatever some politicians may claim on international conferences.
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Re: RESULTS SO FAR
4. | vloženo: 30.03.11 17:38
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http://www.bayswan.org/swed/flashback_sweden.html
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Sweden's Prostitution Solution
5. | vloženo: 30.03.11 17:39
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In a centuries deep sea of clichés despairing that 'prostitution will always be with us', one country's success stands out as a solitary beacon lighting the way. In just five years Sweden has dramatically reduced the number of its women in prostitution. In the capital city of Stockholm the number of women in street prostitution has been reduced by two thirds, and the number of johns has been reduced by 80%. There are other major Swedish cities where street prostitution has all but disappeared. Gone too, for the most part, are the renowned Swedish brothels and massage parlors which proliferated during the last three decades of the twentieth century when prostitution in Sweden was legal.

In addition, the number of foreign women now being trafficked into Sweden for sex is nil. The Swedish government estimates that in the last few years only 200 to 400 women and girls have been annually sex trafficked into Sweden, a figure that's negligible compared to the 15,000 to 17,000 females yearly sex trafficked into neighboring Finland. No other country, nor any other social experiment, has come anywhere near Sweden's promising results.

By what complex formula has Sweden managed this feat? Amazingly, Sweden's strategy isn't complex at all. It's tenets, in fact, seem so simple and so firmly anchored in common sense as to immediately spark the question, "Why hasn't anyone tried this before?"
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Sweden's Groundbreaking 1999 Legislation
6. | vloženo: 30.03.11 17:39
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In 1999, after years of research and study, Sweden passed legislation that a) criminalizes the buying of sex, and b) decriminalizes the selling of sex. The novel rationale behind this legislation is clearly stated in the government's literature on the law:

"In Sweden prostitution is regarded as an aspect of male violence against women and children. It is officially acknowledged as a form of exploitation of women and children and constitutes a significant social problem... gender equality will remain unattainable so long as men buy, sell and exploit women and children by prostituting them."

In addition to the two pronged legal strategy, a third and essential element of Sweden's prostitution legislation provides for ample and comprehensive social service funds aimed at helping any prostitute who wants to get out, and additional funds to educate the public. As such, Sweden's unique strategy treats prostitution as a form of violence against women in which the men who exploit by buying sex are criminalized, the mostly female prostitutes are treated as victims who need help, and the public is educated in order to counteract the historical male bias that has long stultified thinking on prostitution. To securely anchor their view in firm legal ground, Sweden's prostitution legislation was passed as part and parcel of the country's 1999 omnibus violence against women legislation.
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An Early Obstacle in the Path
7. | vloženo: 30.03.11 17:40
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Interestingly, despite the country's extensive planning prior to passing the legislation, the first couple years into this novel project nothing much happened at all. Police made very few arrests of johns and prostitution in Sweden, which had previously been legalized, went on pretty much as it had gone on before. Naysayers the world over responded to the much publicized failure with raucous heckling, "See? Prostitution always has been, and it always will be."

But eminently secure in the thinking behind their plan, the Swedes paid no heed. They quickly identified, then solved the problem. The hang-up, the place where their best efforts had snagged, was that law enforcement wasn't doing it's part. The police themselves, it was determined, needed in-depth training and orientation to what the Swedish public and legislature already understood profoundly. Prostitution is a form of male violence against women. The exploiter/buyers need to be punished, and the victim/prostitutes need to be helped. The Swedish government put up extensive funds and the country's police and prosecutors, from the top ranks down to the officer on the beat, were given intensive training and a clear message that the country meant business. It was then that the country quickly began to see the unequaled results.

Today, not only do the Swedish people continue to overwhelming support their country's approach to prostitution (80% of people in favor according to national opinion polls), but the country's police and prosecutors have also come around to be among the legislation's staunchest supporters. Sweden's law enforcement has found that the prostitution legislation benefits them in dealing with all sex crimes, particularly in enabling them to virtually wipe out the organized crime element that plagues other countries where prostitution has been legalized or regulated.
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The Failure of Legalization and/or Regulation Strategies
8. | vloženo: 30.03.11 17:41
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This Swedish experiment is the single, solitary example in a significant sized population of a prostitution policy that works. In 2003, the Scottish government in looking to revamp its own approach to prostitution enlisted the University of London to do a comprehensive analysis of outcomes of prostitution policies in other countries. In addition to reviewing Sweden's program, the researchers chose Australia, Ireland, and the Netherlands to represent various strategies of legalizing and/or regulating prostitution. The researchers did not review the situation where prostitution is criminalized across the board as it is in the US. The outcome of that approach is already well known. The failures and futility of the revolving door of arresting and rearresting prostitutes is all too familiar the world over.

But the outcomes, as revealed in the Univ. of London study, in the states under review that had legalized or regulated prostitution were found to be just as discouraging or even more discouraging than the traditional all round criminalization. In each case the results were dramatic in the negative.

Legalization and/or regulation of prostitution, according to the study, led to:

A dramatic increase in all facets of the sex industry,
A dramatic increase in the involvement of organized crime in the sex industry,
A dramatic increase in child prostitution,
An explosion in the number of foreign women and girls trafficked into the region, and
Indications of an increase in violence against women.
In the state of Victoria, Australia, where a system of legalized, regulated brothels was established, there was such an explosion in the number of brothels that it immediately overwhelmed the system's ability to regulate them, and just as quickly these brothels became a mire of organized crime, corruption, and related crimes. In addition, surveys of the prostitutes working under systems of legalization and regulation find that the prostitutes themselves continue to feel coerced, forced, and unsafe in the business.

A survey of legal prostitutes under the showcase Netherlands legalization policy finds that 79% say they want to get out of the sex business. And though each of the legalization/regulation programs promised help for prostitutes who want to leave prostitution, that help never materialized to any meaningful degree. In contrast, in Sweden the government followed through with ample social services funds to help those prostitutes who wanted to get out. 60% of the prostitutes in Sweden took advantage of the well funded programs and succeeded in exiting prostitution.
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So Why Hasn't Anyone Tried This Before?
9. | vloženo: 30.03.11 17:41
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Why, then, with Sweden's success so clearly lighting the way, aren't others quickly adopting the plan? Well, some are. Both Finland and Norway are on the verge of making the move. And if Scotland takes the advise of its own study, it will go in that direction too. But, the answer to the question of why other countries aren't jumping to adopt Sweden's plan is probably the same as the answer to the question of why governments haven't tried Sweden's solution before.

In order to see prostitutes as victims of male coercion and violence it requires that a government first switch from seeing prostitution from the male point of view to the female point of view. And most, if not virtually all, countries of the world still see prostitution and every other issue from a predominantly male point of view.

Sweden, in contrast, has led the way in promoting equality for women for a very long time. In 1965, for example, Sweden criminalized rape in marriage. Even by the 1980's there were states in the United States that still hadn't made that fundamental recognition of women's rights to control her own body. The Swedish government also stands out in having the highest proportion of women at all levels of government. In 1999, when Sweden passed its groundbreaking prostitution legislation, the Swedish Parliament was composed of nearly 50% women.

Sweden's prostitution policy was first designed and lobbied for by Sweden's organization of women's shelters and was then fostered and fought for by a bipartisan effort of Sweden's uniquely powerful and numerous female parliamentarians. Nor has Sweden stopped there. In 2002, Sweden passed additional legislation bolstering the original prostitution legislation. The 2002 Act Prohibiting Human Trafficking for the Purpose of Sexual Exploitation closed some of the loopholes in the earlier legislation and further strengthened the government's ability to go after the network of persons that surround and support prostitution, such as the recruiters, the transporters, and the hosts.
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And Why Can't We Copy Sweden's Success Here?
10. | vloženo: 30.03.11 17:42
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While it's probably true that we and other countries are still much more steeped in patriarchal darkness than Sweden, there's no reason we can't push now for the policy changes that Sweden has made. The beauty of it is that once the ground has been broken and the proof of success has been established, it should be ever much easier to convince others to go down that path.

http://www.justicewomen.com/cj_sweden.html
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