Authors
Allegra Zaia - Junior Researcher Mondo Internazionale G.E.O. Cultura & Società
Rosa Santa Serravalle - Senior Researcher Mondo Internazionale G.E.O. Cultura & Società
Abstract
This article examines the interplay between sex work, stigma, and violence, emphasizing how societal perceptions and legislative approaches contribute to the marginalization and victimization of sex workers. It analyzes current legal frameworks across European countries aimed at protecting sex workers and combating sexual exploitation and trafficking. The study shows that stigma takes multiple forms, ranging from verbal abuse and social exclusion to structural violence embedded within healthcare and judicial systems. The criminalization of sex work aggravates these dynamics by fostering a culture of impunity, where acts of violence often go unpunished. The paper argues that such conditions constitute a violation of sex workers’ fundamental rights and significantly obstruct their access to justice and essential services. It concludes with a call for comprehensive legal reform, awareness-raising, and the empowerment of sex workers as necessary steps toward reducing violence
Introduction
“Our bodies are not simply ours: there is always an authority we have to deal with. They are exposed, regulated, exploited, caged, taunted, judged, touched. And for this reason they are a political terrain” (Guerra, 2020, p.12).
This powerful statement captures the complexity and the controversy around the issue of sex work.
Having being associated with marginality and social stigma for long, sex work remains a highly contested issue, involving intersecting concerns such as gender, sexuality, migration, labour rights, and human dignity.
Its legal and social framing varies widely across countries, leading to polarised views on whether sex work should be criminalised, regulated or recognised as a legitimate form of work.
One key aspect is the need of making a clear distinction between sex work and sex trafficking: while the former refers to the consensual exchange of sexual services for payment, trafficking involves coercion, violence or deception and is a serious violation of human rights.
The term “sex work” was coined by an activist and sex worker Carol Leigh who first used it for a speech at the feminist anti-pornography conference “Women Against Violence in Pornography and Media” in 1978 (SWI, 2022) when she defined the prostitution as a work, and not as a crime or a sin.
Trafficking affects several areas: illegal migration, sexual exploitation, forced labour and violence. The victims are deprived of fundamental rights such as personal freedom, security and freedom of movement, making this practice a threat to democracy and rule of law.
Despite this conceptual distinction, sex work and trafficking are often conflated in public discourse and policy frameworks, leading to repressive legislation that further marginalises sex workers and undermines their access to protection and health care (Szczerba-Zawada & Rogalska, 2019; Karlsson, 2022).
In Europe and around the world, different legislative approaches reflect the various ethical and strategic perspectives. However, significant studies emphasize how prohibitionist and morality policies tend to worsen the rights of sex workers, exposing them to violence, stigma and social exclusion (Benoit et al., 2017).
This analysis aims to explore sex work from a heterogeneus perspective, focusing on the relationship with its historical and economic context, its legal implication and with feminism.
Who are sex workers? The (il)liberal choice behind entering the trade
The term “sex work” is used to mean the exchange of sexual services (involving sexual acts) between consenting adults for some form of remuneration, with the terms agreed between the seller and the buyer. Sex work takes different forms and varies between and within countries and communities.
The term “sex work” is used to describe situations where adults who are engaging in commercial sex have consented to do so.
Prostitution, often referred to as the world’s oldest profession, is a major source of income for some adults in most countries around the world in the 21st century. While estimates of the number of adults who sell sexual services warrant caution because of sampling and methodological concerns and the absence of accurate population counts in the later part of the 20th century about 1.5% of the world’s female population—46 million people —were making a living from part- or full-time commercial sex work (Lim, 1998, cited in Benoit et al., 2018).
One of the most striking characteristics of the literature on prostitution, both the scholarly literature and media reports, is the absence of precise and reliable data. This is due to the high mobility among sex workers and to the symbolic value of numbers in morality politics, policy makers and experts have little interest in actual numbers, and more in startling images and symbols (Wagenaar,2017).
Sex workers come from diverse backgrounds and engage in the profession for various reasons—some by choice, others due to poverty, migration status, or discrimination. Regardless of their path, they often face violence, abuse, and legal injustices, worsened by criminalization and stigma. Equal legal protection and rights-based reforms are essential.
Survivors of commercial sexual exploitation frequently suffer a “double injustice”: exploited through trauma and addiction, then punished for behaviors stemming from that trauma. A trauma-informed justice approach is vital to break this cycle and ensure proper support and care.
Sex workers have the right to withdraw consent at any time; agreeing to sex or to sell sex does not mean consenting to violence. Their choices are often shaped by economic hardship, limited opportunities, and systemic gender inequalities. Women, in particular, may face barriers such as lack of education, caregiving responsibilities, and discriminatory laws that restrict their options. Experts note that these constraints can make it difficult to view entry into sex work as a fully empowered choice. Amnesty International defines consent as a voluntary and ongoing agreement to engage in specific sexual activities. Consenting to sex or to sell sex does not equate to consenting to violence. The organization emphasizes that human rights violations against sex workers stem not only from the criminalization of sex work but also from factors such as stigmatization, gender-based violence, and discrimination. Women disproportionately bear the burden of poverty and constitute the majority of sex workers globally. Additionally, sex workers who identify as lesbian, gay, bisexual, transgender, intersex, or queer (LGBTIQ+), or who challenge traditional gender or sexuality norms, often face compounded discrimination and marginalization.
As scholar Catharine MacKinnon argues in the Michigan Journal of Gender and Law, "If prostitution is a free choice, why are the women with the fewest choices the ones most often found doing it?"
The social stigmatisation and internet representation
Prostitution stigma as a fundamental determinant of social inequality for sex workers. As Vanwesenbeeck (2001) noted almost two decades ago, sex workers are commonly constructed as deviant “others” and routinely denied social rights enjoyed by other citizens. Sex work is an important source of income for many sex workers with mental health needs who experience exclusion from mainstream labour markets(Macioti et al., 2021).
Many BIPOC (Black, Indigenous, and People of Color), migrant, and transgender sex workers experience intersectional stigma related to their race, gender identity, and ethnicity, which places a significant burden on their mental health.
Derogatory labels—such as prostitute, whore, and hooker— are systematically used to describe them in laws, social policies, social media, everyday interactions, and even in the research literature, showing the common nature and prevalence of these marks of disgrace (Pheterson, 1989; Scambler, 2007). Prostitution stigma is also layered with homophobic and transphobic stigmas. Sanders (2017) drew attention to the importance of acknowledging intersecting (or multiple) stigmas that sex workers sometimes face. Men in sex work face unique stigma for defying traditional gender and sexual norms, especially from gay clients. Sex workers often internalize negative stereotypes, leading to lower self-esteem and creating barriers to accessing police and health services. This internalized stigma, known as "stereotype threat," reinforces discrimination. Scholars contend that the media plays an influential role in shaping stigma associated with sex work (Weitzer, 2017).
Evidence showed that the higher the stigma and the probability to face violence, the less advantageous is prohibition (Immordino et al., 2014). A country is populated by risk-neutral individuals who choose to participate in the prostitution market according to subjective costs and benefits. The benefits are the revenue for the sex worker and a “gratification” for the client. The costs for the sex worker are the stigma associated with being identified as a sex worker, the risk of facing violent behavior and the risk of contracting an infection, all of which entail a loss in terms of the present discounted value of the outside earning opportunity. The costs for the client are the price, the stigma of being identified as a client and the risk of infection.
Experts, such as mental health professionals, should receive training to understand and reduce stigma related to sex work, especially considering how it intersects with race, gender, and ethnicity. Ideally, this training should be led by sex workers or organizations that represent them. For instance, specialized mental health services for sex workers should be free of charge and anonymous and available to all sex workers, regardless of immigration status.
Stigma and stigma-related experiences were the most critical factors contributing to stress, burnout, post-traumatic stress disorder depression, depersonalisation, feelings of guilt, and low self-esteem in sex workers in countries where sex work was criminalised or regulated (Oliveria,2023).
Analysis of European legislation to fight and prevent illegal prostitution
The Council of Europe has developed three groundbreaking, and comprehensive conventions in the field of human dignity, each highly relevant to the Sustainable Development Goals (SDGs):
- The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention);
- The Council of Europe Convention on Action against Trafficking in Human Beings;
- The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention).
These conventions have a global reach. They were drafted with the understanding that addressing global issues such as gender-based violence, human trafficking, and the sexual exploitation of children must not be confined to a specific geographic area.
Three general prostitution models: repressive, restrictive, integrative
In recent decades, in Europe Union (EU) and worldwide, the discussions about sex work exacerbated, and many countries changed their legislation. However, contrary to what would be expected, these discussions and changes were not based on scientific evidence. This meant that policies are often made in the name of moral and ideological stances, with little concern about their impact on sex workers. Regarding prostitution laws, the 27 EU countries are diverse, ranging from countries that almost fully criminalise this activity to countries that regulate it and allow it to be exercised as a profession (Oliveira,2023).
According to the UNODC Global Report on Trafficking in Persons (2024), rising poverty, conflict, and climate disasters have increased vulnerability to exploitation. In the EU, around 75% of victims are women and girls, with 60% trafficked for sexual exploitation—most of whom are EU citizens.
To address this, it has identified four models:
- Prohibitionist model, which criminalizes all aspects of prostitution (common in Eastern Europe);
- Reglementary model, which legalizes and regulates prostitution (e.g., Germany, Netherlands);
- Abolitionist model, which is neutral on the act of prostitution but punishes exploitation and facilitation (e.g., Italy);
- Nordic/Neo-Abolitionist model, which criminalizes the client and supports the sex worker (e.g., Sweden, France).
Since 2002, Germany has been one of the few countries in Europe with a liberal law on prostitution. In 2017, a new law – Prostitutes Protection Act – came into force. It moves in the opposite direction to the protection of people who are in prostitution. Indeed, this Act regulates sex work through registration and control measures, prioritizing oversight over welfare. Critics argue it stigmatizes sex workers and lacks effective implementation, limiting its protective impact.
The German model has proven ineffective in combating trafficking, with extremely low registration numbers and widespread illegal exploitation. In contrast, for example Sweden’s Equality Model, resulted in a 65% reduction in prostitution and significant cultural shifts. Germany combines both restrictive and integrative policy elements. The integrative policy elements can be observed at the level of national law, since it is not a criminal offence to sell or purchase sexual services, and the stated aim is to move the sale of sexual services from the domain of 'immorality' to that of 'labour’ (Östergren, 2017). Despite the legalization of sex work under the 2002 Prostitution Act, many sex workers operate as 'independent contractors' without employee benefits, limiting their access to support services. To obtain a license, applicants must be of legal age and have no criminal convictions in the past five years, with licenses reviewed every three years. To maintain the license, respect for sex workers’ autonomy and prevention of exploitation are required. Regulations also set standards for prostitution venues to ensure safety and dignity. Indoor spaces, such as brothels, must offer private, sunlit rooms not visible from outside, with emergency systems and easy-to-open doors. Facilities must include toilets, rest areas, storage, and access to health services. Brothels are responsible for enforcing condom use and providing hygiene supplies.
In countries where sex work is legal and regulated—like Germany, Austria, Netherlands—sex workers are required to pay taxes and meet health standards. However, some participants on both the supply and demand sides avoid these rules, leading to a parallel illegal market that governments must suppress. This regulatory model allows authorities to impose taxes, enforce behavioural rules, and limit entry into the legal market. In contrast, the laissez-faire approach, found in Italy, Denmark, Portugal, treats sex work as legal but unregulated, with little government involvement. Immordino et al.(2014) findings show that prohibition only effectively reduces the overall volume of sex work if high sanctions are enforceable, while regulation is more effective at minimizing harm. Taxation can reduce the size of the market but may push workers into the illegal sector, making the environment riskier overall. They conclude that taxation is an effective policy to decrease the quantity of prostitution but not to reduce harm. Taxes create an incentive to go illegal and keep some of the less risky individuals out of the market, leaving it smaller but riskier.
In contrast, Sweden's 1999 Sex Purchase Act criminalizes the purchase of sex but not its sale, aiming to reduce demand. However, this approach has been criticized for increasing stigma and making it harder for sex workers to access health and legal services. Sweden's policy criminalizes the purchase of sex and third-party activities, viewing prostitution as male violence against women, a policy based on a feminist ideology that equates all prostitution with male violence against women.
Although sex workers experienced at least one form of violence from different perpetrators (Vanwesenbeeck, 2005), and clients were the main perpetrators of physical and sexual violence in all contexts, including regulation contexts such as Germany or Netherlands (Aidsfonds, 2018), studies indicated that the policies adopted in criminalisation contexts had contributed to an increase in client violence towards cis and transgender sex workers. As for financial violence (e.g. being robbed, not getting paid, being financially coerced and excluded, like not being able to open a bank account or being denied labour or housing opportunities), reports showed that sex workers faced financial inequalities and exclusion in regulated and criminalised contexts, being this the most common type of violence in Finland.
Finally, Östergren (2017) recommends two main strategies to support sex workers: back community-led initiatives that empower sex workers to face structural and everyday challenges, enhancing safety and access to services while reducing exploitation and trafficking; combat stigma by promoting public education that clearly differentiates between consensual sex work and coercion, improving understanding among the public, authorities, and NGOs.
Italian legislation: an (in)effective regulatory model
Italian legislative framework on sex work dates to the so called “Merlin Law”, which was passed in 1958 and intended to end the exploitation of sex workers by abolishing the so-called “case chiuse”- state run brothels where sex workers had very little rights and could not easily change profession (or even brothel). In effect, the law generally criminalised indoor sex work and all people who make profit from the prostitution of others. This includes sex workers who work together in one dwelling and the landlords of home-based independent sex workers - which increases sex workers’ barriers to finding housing. The Italian Law No. 75 of 1958 (Merlin Law), which abolished state-regulated brothels, is today only partially enforced—particularly regarding Articles 8 and 9, which provided for reintegration and support measures for women exiting prostitution.
While selling sex per se is not illegal, sex work has been indirectly criminalised, driven underground and to the streets, which are at times controlled by exploiters and patrolled by (often corrupted) law enforcement. (Undocumented) migrant sex workers work primarily on the street, where they are exposed to police repression and abusive, racist and transphobic clients who expect the workers not to press charges against them for fear of repercussions from the authorities. Police corruption and violence against street sex workers in Italy is ripe.
The new Italian draft law (DDL No. 1395) aims to revise and strengthen the abolitionist framework by criminalizing digital platforms that enable exploitation, punishing clients, and enhancing support services for people leaving prostitution. It aligns with EU recommendations, such as the 2014 Honeyball Resolution, advocating for the Nordic model.
Today, Prostitution in Italy lies in a limbo where individuals are allowed to offer sex services, but that activity lacks specific rules. Sex workers are now expected to use the business classification adopted by Italian authorities to get a VAT number and try to regularise their status. Indeed, recently, it has made its first direct reference to prostitution in the business classification it uses for data collection and tax purposes, the national statistics institute said, including escort services, events and the management of premises. The so-called ATECO system helps government agencies and researchers categorize activities to develop policy and analysis across the Italian business landscape.
However, nowadays, in Italy, such workers often have no access to labour rights and are unable to declare income or pay taxes, in sharp contrast with other European nations such as the Netherlands and Germany, where sex work is regulated.
While prostitution is increasing due to migration and digital technologies, effective support programs remain absent. Current data confirm that prostitution is increasingly a gendered and coercive phenomenon, disproportionately affecting women and girls. Yet, according to data from both national and international organizations, now more than ever, prostitution must be understood as a gendered phenomenon and as an activity largely resulting from coercion or coercive circumstances.
On one hand, we are witnessing a worsening and growth of the prostitution phenomenon—mainly due to increased migratory movements and the rise of new technologies—while on the other, we observe a complete lack of tools or programs providing real support to women (or individuals) who wish to exit prostitution.
The violation of human rights and protection of sex workers
In many countries, the rights of persons who sell sex are violated by police through verbal harassment, public humiliation, excessive force, invasive searches, and unwarranted arrests. It is hardly surprising that sex workers in most studies report a hesitancy, and often absolute refusal, to access protective services after being victimized. Street-based workers are frequently treated as “less than human” (Scorgie et al., 2013).
The concept of forced prostitution was a key issue during the drafting of the 2000 Palermo Protocol. It was introduced to allow for the notion of voluntary prostitution, to signify that the Palermo Protocol did not embrace an abolitionist course. In this context, the concept of “forced prostitution” functioned as a compromise between the different ideological positions within the transnational feminist and women's movements. On the basis of many interviews and facts and statistics from various studies, we estimate that this (voluntary prostitution) applies to only a very small fraction of sex workers. In practice the majority works under coercion. Coercion can happen in various ways, physical (by a pimp), through circumstances (family, living conditions), psychological (through bad experiences in the past such as sexual abuse, addiction), economic (poverty) or through illegality (trafficking). Sexual exploitation, for example, consists of the inability to choose or refuse clients and the inability to refuse certain sexual activities.
Research showed that multiple factors restricted sex workers access to proper healthcare. Criminalisation and police enforcement interfered with sex workers’ right to health services and information, particularly with preventing, testing, and treating STIs and HIV (Amnesty International, 2016). In countries where sex work is almost fully criminalised, like Lithuania, Croatia, or Romania, sex workers had minimal access to healthcare and HIV prevention due to a lack of effective strategies to respond to sex work settings becoming more mobile and clandestine (Oliveira,2023).
A study found that working in clubs, window brothels, and street areas in Netherlands offered significant protective results (Aidsfonds, 2018). Migrant workers were even more vulnerable to violence in EU member states than national sex workers due to lack of legal status, as perpetrators often assumed that they were less likely to report crimes of violence or robbery to the police.
NGOs have improved sex workers’ living conditions across various legal contexts by offering confidential support, multilingual information, harm reduction, anti-trafficking assistance, and training. Research suggests that decriminalizing sex work offers the greatest benefits—enabling access to legal protections, healthcare, and social services, while reducing stigma, exploitation, and HIV rates. However, significant healthcare disparities persist in the EU, with stigma and discrimination by professionals remaining key barriers to access.
Sex workers face a heightened risk of HIV and other sexually transmitted infections (STIs) due to factors such as multiple sexual partners, limited ability to negotiate condom use, unsafe working conditions, and social marginalization. Substance use and violence further exacerbate this vulnerability. Consequently, HIV and STI acquisition are considered significant occupational hazards in sex work.
Preventing infections among sex workers not only improves their individual health but also helps to control the broader transmission of HIV and STIs. Early interventions in countries like Brazil, India, Kenya, and Thailand have demonstrated success in reducing STI transmission by promoting consistent condom use, leading to better health outcomes for sex workers and controlling epidemics.
To address these challenges, international organizations such as WHO and UNAIDS recommend: i) decriminalizing sex work, which may reduce new HIV infections among sex workers by eliminating legal barriers to health services and reducing stigma; ii) Implementing anti-discrimination laws by protecting sex workers from discrimination and violence; iii) providing comprehensive health services, ensuring that sex workers have access to non-stigmatizing, confidential, and affordable health care, including regular STI screenings and treatment, is crucial.
As reported in Wagner (2017), prostituted women "have the highest homicide victimization rate of any set of women ever studied. Sex trafficking is also difficult to detect because it is dominated by organized transnational crime networks. Trafficking in persons involves large or small-scale networks that include "recruiters, document forgers, transporters, and purchasers."
Raising awareness and promoting public education on sex trafficking and the commercial sex industry must accompany and complement federal and state efforts to rescue victims and charge offenders. Citizens can help by reporting suspicious incidents to the National Hotline, identifying and serving at-risk youth and victims in communities.
The relationship between sex work and feminism
The sex work’s perspective has been debated within the feminist movements since the 1970s, so much so that it has been referred to as the “feminist sex war”. At the heart of this argument there is the issue of whether or not sex work is a part of female empowerment, or instead, a product of the abuse of women by men. On one hand, the sex-work-is-patriarchy feminists, who view sex work as simply the commercialization of male power; and on the other, the pro-sex feminists, who view it as embodying the feminist virtues of self-determination (Pasqualini, 2017).
The conflict also characterised Italian feminism in the same period, at a time of great cultural and legislative change, during the second wave of the movement. This wave is much more radical than the previous one, and the focus is on sexual freedom and reproductive rights (Rampton, 2015).
As a demonstration of that, the brothels were abolished in Italy thanks to the promotion by Senator Lina Merlin.
However, as Mac and Smith (2022) observe, the problem with this “feminism sex war” was that they often involved subjects outside the sexual market, forgetting to focus on the real living conditions of the people who worked in this sector. The risk, even today, is to discuss sex work only as a symbol without listening to the voices of the actual workers. Prostitution, in those years, was seen as the apex of patriarchal oppression, effectively excluding sex workers from feminist discourse (Pasqualini, 2017). Conversely, sex worker movements began to emerge claiming the right to be heard and defended, opposing abolitionist policies that aimed to ‘save’ them without questioning them (Mac and Smith, 2022).
Recognising sex work as work means taking seriously the material conditions of those involved. As Vicentini (2018) notes, sex work can be a form of empowerment, as it represents a reappropriation of women's time, bodies and income. Furthermore, feminists and sex workers are often subject to the same stigmatisation: defined as hysterical, angry, lonely and opposed to motherhood and the traditional family ( Levit, 1998). It is not surprising, then, that sex worker and feminist struggles share many similarities in their aim to disrupt patriarchal norms.
Today, the main sex worker movements adopt a Marxist-feminist reading of sex work as work in its own right, demanding union rights, protection and dignity (Mac and Smith, 2022). The idea that sex work is the only area where women are discriminated against is false: the whole labour market is still largely characterised by gender barriers, as the concept of the glass ceiling shows (Purcell, MacArthur and Samblanet, 2010).
In the book Revolting Prostitutes: The Fight for Sex Workers' Rights (Mac & Smith, 2020), the authors point out how sex work, despite being a consensual activity, is deeply intertwined with the dynamics of migration, precarity and social vulnerability.
Many migrants, without regular documents or with temporary permits, find themselves “stuck in a state-sponsored infrastructure of precarity, expulsion and expendability” (Mac & Smith, 2020). In this scenario, sex work emerges as one of the few realistic possibilities for survival, despite the high risks.
Often the choice to engage in sex work by migrants is not motivated by a vocation, but by material needs. Testimonies collected by Smith and Mac (2020) show that many migrant sex workers in the UK would change jobs if they had access to legal and safe employment. Sex work then becomes a pragmatic strategy to pay off debts incurred with traffickers or to ensure immediate survival. In these cases, the choice of sex work is attractive not only because of the relatively higher pay compared to other marginal jobs, but also because of the flexibility and a feeling of empowerment (‘feeling strong, active’) that some female workers report, despite the objective conditions of risk.
It is essential to distinguish between consensual sex work and human trafficking.
Trafficking - as defined by the Italian Criminal Code - involves the use of deception, coercion or vulnerability to recruit and exploit persons for sexual or labour purposes (Art. 601 of the Criminal Code). This phenomenon mainly concerns women and minors (Degani, 2016) and represents a real crime against individual freedom.
Consensual sex work, even if performed in conditions of economic need or social marginality, does not automatically amount to exploitation or trafficking. This distinction is also central to the discourse of Mac and Smith (2020), who criticise the abolitionist approach that systematically confuses sex work and trafficking, obscuring the voice and autonomy of sex workers.
As for exploitation, the Italian Criminal Code describes it as a situation in which the worker, taking advantage of his or her vulnerability (or ‘state of need’), is subjected to degrading conditions of work, pay and safety (Art. 603-bis of the Criminal Code).
As many scholars point out (e.g. Crippa, 2020), the problem of exploitation concerns all labour sectors, but in the case of sex work it receives disproportionate visibility. This focus risks pathologising sex work instead of addressing the real issue: the absence of protection and recognition of sex workers' labour rights.
A fundamental role in protecting the rights of people involved in sex work is played by civil society and non-governmental organisations, which often fill gaps left by institutions. SWIPE (Sex Work Intersectional Peer Education), an Italian association founded in 2020 by sex workers for sex workers, fits into this context as an emblematic example. A bottom-up action that combines advocacy, peer education and the fight against stigma. The association opposes the criminalisation of sex work, claiming full recognition of the rights of people who practice it, and promotes initiatives to ensure greater safety, autonomy and awareness, such as the creation of the e-book ‘SW+S’ dedicated to safer sex work. SWIPE bases its work on the principles of self-determination, intersectional transfeminism and solidarity between sex workers, demonstrating how civil society can not only uphold rights, but also play a role in preventing the risks of exploitation and marginalisation. Through workshops, awareness-raising campaigns, podcasts and participation in conferences, SWIPE works to create safe spaces, share basic information on rights and empower people in the field. SWIPE's example shows how peer education can become a real protection policy: strengthening individual awareness, counteracting isolation and offering concrete tools to reduce vulnerability to violence and abuse (associationeswipe.it) .
Conclusion
The historical socio-economic and legal context of prostitution illustrates the complexity of the phenomenon and the variety of the legal models adopted in Europe in the prevention of trafficking and sexual exploitation. Legislatives on prostitution are influenced by moral, ideological and cultural dimensions while sometimes lacking the scientific evidence to determine its effectiveness. The Swedish neo-abolitionist model aims to reduce demand by punishing clients, and according to the data it has contributed to a decrease in prostitution and an improvement in general conditions for women. Instead the regulationist models, like the German one, have proved significant limitations in combating human trafficking, and it is shown that legalisation without providing the adequate protection measures can only foster new forms of exploitation.
In Italy, the current laws unfortunately fall short when it comes to protecting sex workers, often pushing them into the shadows and making them vulnerable to exploitation by both traffickers and law enforcement. Even though the Merlin law put an end to ‘brothels’ back in the 1950s, the prostitution industry still operates in a murky area, where indirect criminalization only serves to fuel exploitation and violence. The new bill that’s been introduced could potentially pave the way for fairer regulations, but it’s still unclear how it will tackle the complex issues of stigma, marginalization, and violence.
The debate on sex work within feminism, characterised by the ‘sex war’ between abolitionist and pro-sex approaches, highlights the complexity of this phenomenon and the variety of opinions regarding its link to women's empowerment. While some see sex work as a form of patriarchal exploitation, others argue that it can represent an opportunity for self-determination and the re-appropriation of women's bodies and times. In this context, it is essential that laws and public policies do not simply idealise or criminalise sex work, but take into account the real conditions of sex workers, recognising their experiences and their right to autonomy.
To truly make a difference, we need a comprehensive approach that includes safeguarding the rights of sex workers, tackling social stigma, and implementing stricter regulations around prostitution-related activities. This is crucial for ensuring that laws actually help reduce violence and improve the living conditions of those involved in this industry. We also need to adopt a justice-informed perspective and support community-led initiatives, which are vital steps in empowering sex workers and allowing them to claim their fundamental rights without the fear of persecution or stigma.
BIBLIOGRAPHY
Addio a Carol Leigh, coniò termine “lavoratrice del sesso” (2022) SWI swissinfo.ch. https://www.swissinfo.ch/ita/addio-a-carol-leighconi%C3%B2-termine-lavoratrice-del-sesso/48069876 2A
AidsFonds. (2018). Sex work, stigma and violence in the Netherlands. https:// www. nswp. org/ resource/ sex- work- stigma- and- violence- the-netherlands- 2b
Aleksandra Szczerba-Zawada, Anna Rogalska. "Trafficking in women in a human rights perspective” 1B
AMNESTY INTERNATIONAL POLICY ON STATE OBLIGATIONS TO RESPECT, PROTECT AND FULFIL THE HUMAN RIGHTS OF SEX WORKERS POL 30/4062/2016 26 May 2016 -2a
Arianna Pasqualini, «Feminist sex wars», Diacronie [Online], N° 32, 4 | 2017, documento 7, online dal 29 décembre 2017. URL: http://journals.openedition.org/diacronie/6742 ; DOI: https://doi.org/10.4000/diacronie.6742 2b
HEALING SEX-TRAFFICKED CHILDREN: A DOMESTIC FAMILY LAW APPROACH TO AN INTERNATIONAL EPIDEMIC, 118 W. Va. L. Rev. 1131 1a
Benoit C., Jansson S. M., Michaela Smith & Jackson Flagg (2018) Prostitution Stigma and Its Effect on the Working Conditions, Personal Lives, and Health of Sex Workers, The Journal of Sex Research, 55:4-5, 457-471, DOI: 10.1080/00224499.2017.1393652-2b
Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201) Lanzarote Convention 25/10/2007, entered in force in 01/07/2010.-1a
Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), 12 April 2011. https://doi.org/10.1163/2210 7975_HRD-9953-2014005 -1a
Council of Europe Gender Equality Strategy (2018-2023) Adopted by the Committee of Ministers of the Council of Europe (March 2018)-1a
Crippa, E. (2020). On the severe labour exploitation of migrant women in Italy: a human rights and multi-level policy 56 perspective. Peace Human Rights GOVERNANCEalfa, 4(3). 2a https://phrg.padovauniversitypress.it/system/files/papers/PHRG-2020-3-02.pdf
Degani, P., & Pividori, C. (2016). Attività criminali forzate e scenari della tratta di persone nel quadro degli attuali fenomeni migratori. Questioni di diritti umani e risposte di policy. 2a
Diedhiou S.B., Roberts S., and Raino C., “TRAUMA, COERCION, AND THE TOOLS OF TRAFFICKING EXPLOITATION: EXAMINING THE CONSEQUENCES FOR CHILDREN AND YOUTH IN THE JUSTICE SYSTEM”, Article, 109 Ky. L.J. 719-2b
Disegno di legge (DDL) N. 1395. Comunicato alla presidenza il 21 Febbraio 2025 (last access 25th April 2025) https://www.senato.it/service/PDF/PDFServer/DF/441903.pdf-1a
Guerra, J. (2020). Il corpo elettrico. Il desiderio nel femminismo che verrà. 2c
Immordino, G. & Russo, F.F., 2015. "Regulating prostitution: A health risk approach," Journal of Public Economics, Elsevier, vol. 121(C), pages 14-31. DOI: 10.1016/j.jpubeco.2014.11.001-2a
Indian Journal of Law and Legal Research, 3(2), 1-17. 2c
Karlsson, H. Sex Work Policy Worldwide: A Scoping Review. Sexuality & Culture 26, 2288–2310 (2022). https://doi.org/10.1007/s12119-022-09983-5- 1a
Levit, N. (1998). The “F” Word: Feminism and Its Detractors. In The Gender Line: Men, Women, and the Law (pp. 123–167). NYU Press. 2b http://www.jstor.org/stable/j.ctt9qgdv7.8
Mac, J., & Smith, M. (2020). Revolting prostitutes: The fight for sex workers’ rights. Verso Books. 2b
Macioti P.G., Garofalo G., Mai N., (2021) Sex Work and Mental Health. Access to Mental Health Services for People Who Sell Sex in Germany, Italy, Sweden, and UK. Policy-Relevant Report. https://www.researchgate.net/publication/353211079_Sex_Work_and_Mental_Health_Access_to_Mental_Health_Services_for_People_Who_Sell_Sex_in_Germany_Italy_Sweden_and_UK-2b
MacKinnon C. A., Prostitution and Civil Rights, 1 Mich. J. Gender & L. 13, 28 (1993).-2c
Morelli A. (2025). La Riclassificazione dei codici Ateco e i sex worker. Published on Linkiesta Online Journal, sec. Economy. https://www.linkiesta.it/2025/04/codice-ateco-sex-worker/-2c
N., V. (2021). Prevention and combating of trafficking: methods and procedures. 2b
Nanni G., (2019) The 2017 German Prostitute Protection Act: an analysis of its potential consequences. ISSN 2532-117X Working papers-2b
Oliveira, A., Lemos, A., Mota, M. et al.(2023) Understanding the Impact of EU Prostitution Policies on Sex Workers: A Mixed Study Systematic Review. Sex Res Soc Policy 20, 1448–1468 . https://doi.org/10.1007/s13178-023-00814-2 -2b
Östergren P. AC., (2017). PREVENTING EXPLOITATION AND TRAFFICKING IN THE SEX WORK SECTOR. DOI:10.13140/RG.2.2.20816.97283 -2c
Östergren, P. 2017a. “From zero tolerance to full integration. Rethinking prostitution policies. DemandAT Working Paper”. DemandAT Working Paper 10:1-38. -2c
Östergren, P. 2017b. “European Policy Brief. Preventing Exploitation and Trafficking in the Sex Work Sector perspective". Studia Administracji i Bezpieczeństwa 5:146-162. DemandAT European Commission. 1-12. -2c
Pheterson, G. (1989). The prostitution prism. Amsterdam, the Netherlands: Amsterdam University. 2c
Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 15 November 2000, adopted by General Assembly Resolution 55/25. -1a
Purcell, D., MacArthur, K.R. and Samblanet, S. (2010), Gender and the Glass Ceiling at Work. Sociology Compass, 4: 705-717. 2c https://doi.org/10.1111/j.1751-9020.2010.00304.x
Rampton, M. (2022, June 30). Four Waves of Feminism. Pacific University. 2c https://www.pacificu.edu/magazine/four-waves-feminism#:~:text=The%20first%20wave%20of%20feminism,industrialism%20and%20liberal%2C%20socialist%20politics
Sanders, T. (2017). Unpacking the process of destigmatization of sex worker/ers: Response to Weitzer “Resistance to sex work stigma.”Sexualities. Advance online publication. Doi:10.1177/1363460716677731 -2b
Scambler, G. (2007). Sex work stigma: Opportunist migrants in London. Sociology, 41, 1079–1096. doi:10.1177/0038038507082316 -2c
Scorgie, F., Vasey, K., Harper, E., Richter, M., Nare, P., Maseko, S., & Chersich, M. (2013). Human rights abuses and collective resilience among sex workers in four African countries: A qualitative study. Globalization and Health, 9,1–13. doi:10.1186/1744-8603-9-33 -2c
UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) 1A
UNODC, Global Report on Trafficking in Persons 2024 (United Nations publication, Sales no.: E.24.XI.11).-1A
Vanwesenbeeck, I. (2005). Burnout among female indoor sex workers. Archives of Sexual Behavior, 34(6), 627–639. https://doi.org/10. 1007/s10508-005-7912-y -2b
Vicentini Z., (2018), ‘Perché la lotta delle/dei Sex worker è femminista’, Dinamo Press,available at: 2c https://www.dinamopress.it/news/perche-la-lotta-delle-dei-sex-workers-femminista/
Wagenaar, H. (2017). Why Prostitution Policy (Usually) Fails and What to Do about It? Social Sciences, 6(2), 43. https://doi.org/10.3390/socsci6020043 2c
Wagenaar, H., Altink, S. Prostitution as Morality Politics or Why It Is Exceedingly Difficult To Design and Sustain Effective Prostitution Policy. Sex Res Soc Policy 9, 279–292 (2012). https://doi.org/10.1007/s13178-012-0095-0 -2c
Wagner A., McCann R.W., (2017) POLICY ESSAY: PROSTITUTES OR PREY? THE EVOLUTION OF CONGRESSIONAL INTENT IN COMBATING SEX TRAFFICKING, 54 Harv. J. on Legis. 17 -2b
Weitzer, R. (2017). Resistance to sex work stigma. Sexualities. Advance online publication. doi:10.1177/1363460716684509 -2c