The Legislation and Regulation of Taiwan$S Sex Industry: a Discussion of the Decriminalization of Prostitution through Feminist Perspectives
|摘要:||2011 年年底，我國社會秩序維護法針對性交易修正施行新管制模式，改採設立專區 的方式以矯正過往罰娼不罰嫖所致社會不平等之缺點。惟此一匆促立法引發社會許多批
者之人權暨工作權保障，同時兼顧社會大眾安全與全體國民健康。最後，綜合上述法規 回顧與實證研究，本研究將提出較符合社會潮流與性別正義之性交易管制政策，以俾促 進台灣社會性別主流化。|
At the end of 2011, The Social Order Maintenance Law in Taiwan starts enforcing new restrictions on prostitution by setting a specific district for legal sex trades. This new restriction aims to avoid unequal punishments on the vulnerable prostitutes. However, this hasty legislation has been criticized extensively; many scholars indicate that this restriction would punish both the prostitutes and buyers and lead to a more difficult way to eliminate the social inequality. Feminism on the issue of prostitution has different opinions. Some feminists support the view that prostitution is the outcome of the men hierarchy for sex trades would not only do harm to sex workers’ human dignity, but also reinforce gender stereotypes. Some feminists hold the opposite view, which states that women in prostitution would change the traditional constraints on women’s freedom of choosing sex partners, and liberate women in the end. Furthermore, it is more difficult for government to regulate the black market activity of sex trades while criminalizing it. Besides, despite the thought that it is prostitution which builds up the social inequality between men and women, the others regard the punishment on the prostitutes would make the situation worse since most of them are economically and socially disadvantaged minorities. In any case, the regulating policy of sex trades has its importance since it not only reflects people’s subconsciousness of gender class, but also has its power to re-build the outside image of our society. This research will review the regulations of prostitution in Taiwan and shed light on the policy of “the district for prostitution” through Feminism approach. By clarifying the potential problems of regulating policies, this study wants to find out the best way to protect the prostitutes’ right to work, as well as the social security and the national health simultaneously. In a nutshell, through the process of advancing advantageous policy of prostitution, this research aims to promote gender equality and gender mainstreaming in Taiwan.
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