Prostitution : should it be decriminalised?

Abstract

Prostitution is the world’s oldest profession. In the Maltese jurisdiction, prostitution per se is not a criminal offence although there are some related activities which are illegal. Some countries have regularised prostitution and recognised it as labour, others still embrace the abolitionist model, including Malta. The three approaches to prostitution have been analysed and the legal frameworks of selected European Member States implementing these policies were thoroughly examined to complete this study. Our Islands have recently witnessed a major trend towards a more open society: Reforming drug laws, the introduction of marriage equality for same sex marriage and the further protection of gay rights. However, prostitution and sex work remain an exception and a controversy. Parliament has not yet started debating this issue, despite the fact that sex work was mentioned in the Labour Party Electoral Manifesto 2017 and the Prime Minister’s declaration to tackle and reform prostitution laws. Tackling this issue in 2017 legislature will undoubtedly be a controversial issue. This study will address prostitution as a free choice, its need to be regulated as an economic activity or otherwise, possible industrial law protection should the former be implemented and the inevitable commitment to strengthen laws to combat trafficking of persons. This term paper includes a historical overview of prostitution in Malta throughout the years and its legislative development. It examines the relevant legal provisions on prostitution of the Criminal Code, the Civil Code, the White Slave Traffic (Suppression) Ordinance and the Ta’ Xbiex Local Council Bye-Law. It also makes reference to jurisprudence, interpreting prostitution law and interestingly analysing the two judgements of the European Court of Justice, which recognise prostitution as an economic activity.