Prostitution in Malta : a comparative study examining the current standing and analysing the effects of alternative approaches in similar jurisdictions

Abstract

One could say that prostitution, like all other services is driven by supply and demand. However, this trade is one which involves much risk, abuse and stigmatisation and thereby the legal rights of such workers need to be considered. In this study, the three prevalent models regulating prostitution are critically examined. These include the Prohibition approach which constrains all acts related to prostitution and criminalises prostitutes, the Regularisation approach which lawfully recognises prostitution as formal employment and sets out various regulations to organise this system and finally, the Neo-abolitionist approach which criminalises the customer and views prostitution as the commodification of women. Both the regularisation approach as applied in the Netherlands ,as well as the neo-abolitionist approach adopted in Sweden, aim to achieve gender equality, however, in the former case this goal is pursued through empowerment and the right to self-determination whereas in the latter case, this is sought through the elimination of the objectification of women. Currently Malta follows the prohibition approach, albeit with the difference that in practice so-called ‘voluntary prostitution’ is not regulated. However, prostitutes are legally disadvantaged due to the lack of effective recourse to enforce their rights. Consequently, this renders them subject to abuse by pimps and customers. Therefore, an amendment to the local laws regulating prostitution is imperative to protect these vulnerable individuals and bring about change in public opinion.