The Nordic model approach to prostitution: international aspect
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[343.54+343.62](477+4) (1)
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ZAITSEVA, O., SEMCHUK, N.. The Nordic model approach to prostitution: international aspect. In: Particularitățile adaptării legislației Republicii Moldova și Ucrainei la legislația Uniunii Europene, 27-28 martie 2020, Chişinău. Chişinău: Tipocart Print, 2020, pp. 198-200. ISBN 978-9975-3409-1-5.
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Particularitățile adaptării legislației Republicii Moldova și Ucrainei la legislația Uniunii Europene 2020
Conferința "Particularitățile adaptării legislației Republicii Moldova și Ucrainei la legislația Uniunii Europene"
Chişinău, Moldova, 27-28 martie 2020

The Nordic model approach to prostitution: international aspect

CZU: [343.54+343.62](477+4)

Pag. 198-200

Zaitseva O.1, Semchuk N.2
 
1 V.M. Koretsky Institute of State and Law of Natiopnal Academy of Sciences of Ukraine,
2 National Aviation University
 
 
Disponibil în IBN: 11 noiembrie 2020


Rezumat

Ukraine is a signatory of a number of international conventions on the issues of human trafficking and prostitution. Ukraine has ratified UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, that defines prostitution and the accompanying evil of the traffic in persons for the purpose of prostitution incompatible with the dignity and worth of the human person and endanger the welfare of the individual, the family and the community. As the signatory to the Convention, Ukraine has obligations to punish any person who, to gratify the passions of another exploits the prostitution of another person, even with the consent of that person (Art. 1). As we can see, traffic in persons is directly related to prostitution, prostitution is incompatible with human rights and the issue of consent is irrelevant in such cases as regards all people, not only children. Ukraine is a signatory of Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000, entered into force on 18 January 2002) [1]. According to the Protocol, “child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration”. Moreover, “each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether such offences are committed domestically or transnationally or on an individual or organized basis: (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined”. The Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, known in short as the Worst Forms of Child Labour Convention No 182, was adopted by the International Labour Organization (ILO) in 1999 [2]. This ILO Convention provides that “for the purposes of this Convention, the term the worst forms of child labour comprises: the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances”. In accordance with Article 6 of the United Nations Convention on the Elimination of All Forms of Discrimination against Women [3], States Parties shall take all appropriate measures, including legislation, to end all forms of trafficking in women and the use of prostitution by women. Let’s analyse measures are considered appropriate and recommended in the European Union, by the Council of Europe and UN. The Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, Especially Women and Children [3], supplementing the UN Convention against Transnational Organized Crime (ratified by Ukraine), requires States parties to “take or improve legislative or other measures… aimed at counteracting the demand for exploitation of people, especially women and children, in all its forms, as it leads to trafficking in human beings». The Council of Europe Convention on Action against Trafficking in Human Beings [4], ratified by Ukraine, calls demand one of the root causes of trafficking in human beings. European Parliament resolution of 26 February 2014 on sexual exploitation and prostitution and its impact on gender equality (2013/2103 (INI)) [5] states that demand reduction should be part of an integrated strategy to counter trafficking in human beings. Resolution 2013/2103 (INI) emphasizes that by treating prostitution as legal work, decriminalizing the sex industry as a whole and legalizing prostitution we do not protect vulnerable women and minors from violence and exploitation, but put them at greater risk of violence, and at the same time encouraging the rise of prostitution. Consequently, the number of women and minors suffering from abuse in case of legalization is increasing. Finally, in its Resolution of 2014, the Parliamentary Assembly of the Council of Europe calls on all member states of the Council of Europe consider criminalising the purchase of sexual services, based on the Nordic model, as the most effective tool for preventing and combating trafficking in human beings. Adherence to and implementation of Council of Europe standards is considered one of the criteria for EU membership. As we can see, all the stated documents emphasise that countries should be fighting demand as the root cause of trafficking in human beings and the Council of Europe states that with this purpose criminalising the purchase of sexual services, based on the Nordic model, should be implemented.