On The Decriminalization Of Sex Work In China

This study argues that the decriminalization of sex work in China can contribute to HIV prevention and human rights protection. The argument is supported by six key concepts: the universality of human rights, rights-based approaches to HIV, sex work as work, risk environment for HIV transmission, decriminalization of sex work as a preferred model for HIV prevention, and rights-based responses to HIV and sex work. Three research methods are used, including research methods from law, social science, and public health. Recommendations are provided to reform Chinese law and HIV policy.

China, Sex and Prostitution is a topical and important critique of recent scholarship in China studies concerning sexuality, prostitution and policing. Jeffrey's arguments are constructed in the form of detailed analysis of a wide range of primary texts, including documents, press reports, police report, and policy and legal pronouncements, and secondary literature in both English and Chinese. The work engages with some key debates in the fields of cultural and gender studies and will be welcomed by scholars in these areas as well as by China specialists, sociologists and anthropologists.

Sex work continues to provoke controversial legal and public policy debates world-wide that raise fundamental questions about the state’s role in protecting individual rights, status quo social relations, and public health. This book unites ethnographic research from China, Canada, and the United States to argue that criminalization results in a totalizing set of negative consequences for sex workers’ health, safety, and human rights. Such consequences are enabled through the operations of an exclusionary regime, a dense coalescence of punitive forces that involves both governance, in the form of the criminal justice system and other state agents, and dynamic interpersonal encounters in which individuals both enforce and negotiate stigma-related discrimination against sex workers. Chapter Two demonstrates how criminalization harms sex workers by isolating their work to potentially dangerous locations, fostering mistrust of authority figures, further limiting their abilities to find legal work and housing, and restricting possibilities for collective rights-based organizing. Criminalized sex workers report police harassment, seizure of condoms, and adversarial police-sex worker relations that enable others to abuse them with impunity. Chapter Three describes how sex workers negotiate these restrictions on their rights and personal autonomy via their arrest avoidance and client management strategies, self-treatment of health issues, selective mutual aid, rights-based organizing, and entrenchment in sex work or other criminalized activities. Chapter Four describes how researchers working in countries or locales that criminalize sex work face ethical concerns as well as barriers to their work at the practical, institutional, and political levels.

Prostitution Scandals in Chinapresents an examination of media coverage of prostitution-related scandals in contemporary China. It demonstrates that the subject of prostitution is not only widely debated, but also that these public discussions have ramifications for some of the key social, legal and political issues affecting citizens of the PRC. Further, this book shows how these public discussions impact on issues as diverse as sexual exploitation, civil rights, government corruption, child and youth protection, policing abuses, and public health. In this book Elaine Jeffreys highlights China’s changing sexual behaviours in the context of rapid social and economic change. Her work points to changes in the nature of the PRC’s prostitution controls flowing from media exposure of policing and other abuses. It also illustrates the emergence of new and legally based conceptions of rightful citizenship in China today, such as children’s rights, the right to privacy, work, sex, and health, and the rights of citizens to claim legal redress for losses and injuries experienced as the result of unlawful acts by state personnel. Prostitution Scandals in Chinawill be of great interest to students and scholars across a range of diverse fields including Chinese culture and society, gender studies and media and communication studies.

Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in India. Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.

"Migration, Prostitution, and Human Trafficking examines the nature, magnitude, and gravity of prostitution and sex trafficking--and the relationship between them--in contemporary China. By researching the backgrounds, circumstances, and other factors that drive Chinese women to migrate to Shenzhen, China, Liu hopes to shed light on the underlying reasons for their entry into the sex industry."

"Despite being dubbed "the world's oldest profession," prostitution has rarely been viewed as a legitimate form of labour. Instead, it has been criminalized, sensationalized, and polemicized across the socio-political spectrum by everyone from politicians to journalists to women's groups. Interest in and concern over sex work is not grounded in the lived realities of those who work in the industry, but rather in inflammatory ideas about who is participating, how they wound up in this line of work, and what form it takes. In Selling Sex, Emily van der Meulen, Elya M. Durisin, and Victoria Love present a more nuanced, balanced, and realistic view of the sex industry. They bring together a vast collection of voices - including researchers, feminists, academics, and advocates, as well as sex workers of differing ages, genders, and sectors - to engage in a dialogue that challenges the dominant narratives surrounding the sex industry and advances the idea that sex work is in fact work. Presenting a variety of opinions and perspectives on such diverse topics as the social stigma of sex work, police violence, labour organizing, anti-prostitution feminism, human trafficking, and harm reduction, Selling Sex is an eye-opening, challenging, and necessary book."--Publisher's website.

Choice Outstanding Academic Title for 2015 Sex in China introduces readers to some of the dramatic shifts that have taken place in Chinese sexual behaviours and attitudes, and public discussions of sex, since the 1980s. The book explores what it means to talk about 'sex' in present-day China, where sex and sexuality are more and more visible in everyday life. Elaine Jeffreys and Haiqing Yu situate China's changing sexual culture, and how it is governed, in the socio-political history of the People's Republic of China. They demonstrate that Chinese governmental authorities and policies do not set out strictly to repress 'sex'; they also create spaces for the emergence of new sexual subjects and subjectivities. They discuss the complexities surrounding the ongoing explosion of commentary on sex and sexuality in the PRC, and the emergence of new sexual behaviours and mores. Sex in China offers clear, critical coverage of sex-related issues that are a focus of public concern and debate in China - chapters focus on sex studies; marriage and family planning; youth and sex(iness); gay, lesbian and queer discourses and identities; commercial sex; and HIV/AIDS. This book will be an invaluable resource for students and scholars both of modern China and of sex and sexualities, who wish to understand the role that 'sex' plays in contemporary China.