Should prostitution be regulated as a profession?
For a long time, for many people, "sex trafficking" has been a profession to make a living, however in Vietnam this is an act prohibited by law.
Prostitution is a long-standing activity. According to a report by the International Labor Organization (ILO), prostitution in Indonesia, Thailand, and Malaysia contributes 2-14% of GDP and creates jobs for millions of workers. In some countries, prostitution is considered a profession, but in most countries in the world, this activity is considered a violation of the law, including developed countries with very open thoughts about sexual relations such as the US. Vietnam is also in this group.
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| In some countries, prostitution is considered a profession. Illustration photo. |
The report of the Ministry of Labor, Invalids and Social Affairs shows that in Vietnam, prostitution activities have decreased on the surface, but have become more sophisticated, with inter-provincial prostitution rings, overseas prostitution, male prostitution, homosexual prostitution, human trafficking for the purpose of prostitution, prostitution with foreign elements on the rise...
Figures from the ILO show that our country currently has about 100,000 prostitutes, of which about 75,000 are women.
To minimize the negative impacts of prostitution, there are many controversial opinions surrounding whether prostitution should be criminalized or legalized, and considered a profession or not?
At the “Workshop with National Assembly deputies on viewpoints and orientations for developing policies and laws on prostitution” organized by the Ministry of Labor, War Invalids and Social Affairs in coordination with the United Nations Population Fund (UNFPA) on March 28, Mr. Tran Van Dat, Deputy Director of the Department of Legal Affairs, Ministry of Justice, said that based on practice and the need for innovation, the viewpoint on developing laws on prostitution prevention and control should gradually move towards recognizing prostitution as a profession. The State should recognize prostitution and organize and manage prostitution activities in separate areas like some neighboring countries and around the world. Only then can Vietnam manage and minimize the spread of sexually transmitted diseases.
“Over the years, we have paid great attention to preventing prostitution. The 2003 Ordinance on Prostitution Prevention and Control has been in effect for nearly 20 years, but there are still certain limitations. I think there are many different reasons, including the issue of mechanism, we have not recognized prostitution as a profession.
If we consider this a profession, it will solve many different problems, such as practitioners must register, have regular health check-ups, prevent the spread of diseases, and even establish specialized organizations to monitor this activity. This is a measure we need to consider," Mr. Dat stated.
However, the Deputy Director of the Department of Legal Affairs, Ministry of Justice also said that this is an issue that needs to be seriously and thoroughly evaluated and studied. Because prostitution is a social issue, to solve it, there must be appropriate social measures at a certain time. On the other hand, to solve this issue, it is necessary to consider it from many angles, many different socio-cultural factors.
According to Mr. Nguyen Trong Dam, former Deputy Minister of Labor, Invalids and Social Affairs, criminalizing or recognizing prostitution as a profession is a complicated issue in Vietnam. In the world, no countryFull criminalization or full decriminalization of prostitution activities have different levels of regulation.
Putting it into the context of Vietnam, Mr. Dam said: "If we continue to ban prostitution as it is now, and have stricter regulations in handling these acts, the foreseeable future will not change much from the present. Prostitution will still exist, and is highly dangerous."
The former Deputy Minister of Labor, Invalids and Social Affairs also wondered: “If prostitution is considered a profession, will it go smoothly? I guess not. This issue is related to many other issues, there must be conditions for doing the profession, clear regulations on where to do it, and how to manage the introduction and advertising issues.”
In fact, the issue of considering prostitution as a profession has been discussed in many previous conferences.There is a view that when Vietnam builds special economic zones, it can build red-light districts in entertainment areas.
Mr. Nguyen Xuan Lap, Director of the Department of Social Evils Prevention, Ministry of Labor, Invalids and Social Affairs, said that it is necessary to thoroughly study this issue, it is impossible to have economic zones and entertainment areas without prostitution: "In my personal opinion, currently in Vietnam, it is not possible to completely decriminalize and develop prostitution, because this is an issue related to customs, ethics, lifestyle, issues related to vocational education law, and the model of establishing a profession, if recognized, is also very complicated."
Mr. Lap said that Vietnam needs to respect the convention on human rights that Vietnam has signed and the constitution; eliminate from social life illegal forms of prostitution, especially those related to sexual exploitation and trafficking of women and children.
In addition, it is necessary to strengthen harm reduction work for sex workers and their families, improve the quality and accessibility of services for sex workers and social security so that these people can integrate into the community.
Experience from Thailand
According to Mr. Dinh Anh Tuan, Deputy Director of the Department of Maternal and Child Health of the Ministry of Health, neighboring Thailand does not allow prostitution, but they have a "harmony of interests" perspective and from there better manage this activity, approach practitioners to support them with health check-ups, and intervene to reduce risks.
Specifically, Thailand has implemented a 100% condom model that is very effective in preventing HIV and sexually transmitted diseases. This is also a big change compared to when the country was strictly controlled by prohibition, making it very difficult to access and control the harm.
From experience studying countries around the world, the representative of UNFPA analyzed that if prostitution is decriminalized, it will not increase this situation. On the contrary, it will help sex workers access HIV and sexual health services, create conditions for legal support for sex workers so that they can access information sources and programs related to work, insurance, transportation and subsidy programs.
However, legalizing prostitution as a profession could pose certain risks. Because the majority of prostitutes operate outside the registration system. This approach could push the majority of prostitutes to the margins of society.
Furthermore, legalization can also lead to violations of human rights, stemming from the granting of business registration licenses, forced testing, and registration of prostitutes with the authorities./.