Prostitution in The People's Republic of China - The Question of Legalisation

The Question of Legalisation

The illegal activities and problems associated with prostitution had led some to believe that there would be benefits if prostitution was legalized.

A number of international NGOs and human rights organisations have criticised the PRC government for failing to comply with the UN Convention on the Elimination of All Forms of Discrimination Against Women, accusing PRC of penalising and abusing lower tier prostitutes, many of whom are victims of human trafficking, while exonerating men who buy sex, and ignoring the ongoing problems of governmental complicity and involvement in the sex trade industry. The Convention on the Elimination of All Forms of Discrimination Against Women reads: Art. 6: States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. However, it does not advocate a system of legal and regulated prostitution. There has, though, been some calls for legalization; a minor rally for this caused was held in 2010 organized by sex worker activist Ye Haiyan, who was arrested by police for her role in organizing the protests.

Central guidelines laid down by the CPC do not permit the public advocacy of the legalisation of prostitution. Arguments concerning legalisation are not absent, however, from mainland China. On the contrary, some commentators contend that legally recognising the sex industry, in conjunction with further economic development, will ultimately reduce the number of women in prostitution. Domestic commentators have also been highly critical of the PRC's prostitution controls, with a consistent Marxist-informed focus of complaint being the gender-biased and discriminatory nature of such controls, as well as human rights abuses. Some commentators in China and overseas contend that the PRC's policy of banning prostitution is problematic because it hinders the task of developing measures to prevent the spread of HIV.

While prostitution controls have been relaxed at a local level, there is no impetus for legalisation at the central government level. Importantly, legalisation does not have much public support. Given the underdeveloped nature of the Chinese economy and legal system, there is an argument that legalisation would further complicate the already difficult task of establishing the legal responsibility for third-party involvement in forced prostitution and the traffic in women. Surveys conducted in China suggest that clandestine forms of prostitution will continue to proliferate alongside the establishment of legal prostitution businesses, because of social sanctions against working or patronising a red-light district. Problems associated with female employment also limit the effectiveness of legalisation. These include the lack of independent trade unions, and limited access of individuals to civil redress with regard to occupational health and safety issues.