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.

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.

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.

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.

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.

"Illustrates how law shapes the lives of sex workers, street-level police officers and frontline health officials in China. Using ethnography, interviews and surveys to explore how prostitution is regulated, this accessible book is perfect for readers interested in law, the state, society, China, and sex work"--

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.

The figure of the Chinese sex worker—who provokes both disdain and desire—has become a trope for both Asian American sexuality and Asian modernity. Lingering in the cultural imagination, sex workers link sexual and cultural marginality, and their tales clarify the boundaries of citizenship, nationalism, and internationalism. In Transpacific Attachments, Lily Wong studies the mobility and mobilization of the sex worker figure through transpacific media networks, illuminating the intersectional politics of racial, sexual, and class structures. Transpacific Attachments examines shifting depictions of Chinese sex workers in popular media—from literature to film to new media—that have circulated within the United States, China, and Sinophone communities from the early twentieth century to the present. Wong explores Asian American writers’ articulation of transnational belonging; early Hollywood’s depiction of Chinese women as parasitic prostitutes and Chinese cinema’s reframing the figure as a call for reform; Cold War–era use of prostitute and courtesan metaphors to question nationalist narratives and heteronormativity; and images of immigrant brides against the backdrop of neoliberalism and the flows of transnational capital. She focuses on the transpacific networks that reconfigure Chineseness, complicating a diasporic framework of cultural authenticity. While imaginations of a global community have long been mobilized through romantic, erotic, and gendered representations, Wong stresses the significant role sex work plays in the constant restructuring of social relations. “Chineseness,” the figure of the sex worker shows, is an affective product as much as an ethnic or cultural signifier.

Migration, Prostitution, and Human Trafficking examines thenature, magnitude, and gravity of prostitution and sex trafficking- and the relationship between them - in contemporaryChina. By researching the backgrounds, circumstances, and other factorsthat drive Chinese women to migrate to Shenzhen, China, Liu hopes toshed light on the underlying reasons for their entry into the sexindustry. She details Chinese legislation and governmental practicesfor dealing with human trafficking and prostitution. Prostitution is aglobal issue; its special dimensions in an expanding, market-driveneconomy encased in a communist political system are explored withcandor and understanding.

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.