Law students’ association thinks prostitution should be legalised

A review of Maltese prostitution laws by the University of Malta’s law students association (GhSL), has called for a “regularisation of laws” in the Criminal Code and that specific allows allow it to be an “independent choice” by sex workers.

Prostitution in Malta lacks a definition in the Criminal Code, save for living off the earnings of prostitution, and the prohibition of enforced and child prostitution. Places used for the purposes of prostitution can have their rent automatically terminated, while loitering for prostitution purposes is also illegal. “The current legal situation in Malta is that voluntary prostitution is not considered to be illegal,” the association said.

But GhSL say that an essential part of legalizing prostitution should be making it subject to labour laws and taxation.

“Government would receive revenue from taxation, while prostitutes would receive social benefits. This system can also reduce the burden on social assistance by the State since prostitutes would be claiming their income like any other work,” GhSL said.

“The main intention behind legalisation of prostitution ought to be that of making it as safe as possible, especially in health-related matters regarding sexually transmitted diseases….

“A suggestion would be that prostitutes operate with a license, so they can be monitored by authorities and can go for regular check-ups at health clinics. Provision and use of contraceptives should be made mandatory. This will also contribute in preventing accidental pregnancies.”

The association said that sex workers should be able to practice their work without fearing prosecution or being forced or threatened into such work by pimps.

The association also consulted sex therapist Dr John Mifsud, who said prostitution should be legalised in order to safeguard the health of the individuals concerned.

On the other hand, Lorraine Spiteri, chairperson for the Malta Confederation of Women’s Organisations (MCWO), said the confederation was strongly against legalisation. “Rather than legalising prostitution, the way forward should be to put forward a legislation which aims to support prostituted persons and consider prostitution as an obstacle to gender equality and a violation of human rights and dignity.”

Spiteri told GhSL that legalizing prostitution would mean that government and society were ready to commercialize violence at the expense of women.

A public health specialist, Dr Anne Vella, who has worked at the substance misuse clinic for the past 20 years, also said that legalisation would permit the abuse of the most vulnerable.

“It is very important to underline the fact that both males and females use prostitution as a means to fund their drug or usury problems. Nobody hits the streets indifferently. All tell us of the shame and fear that the work brings along. Yet most of them are not ashamed to admit their drug problem. Therefore it is not the criminality that is the issue but the loss of dignity that shames them. Legalisation will not give them their dignity back.”

“Many of our clients have serious mental, emotional and psychiatric problems. Nobody prostitutes him/her self without having previous abuse, usually sexual abuse. This has long been researched and found to be so. Prostitution enhances and increases problems which are already there,” Vella said.