NLGRev 68-2[1].indd - National Lawyers Guild

96 national lawyers guild review
the law came into force in 1999 to 1,500 in 2002. 243 By 2004 the recruitment
of women into street prostitution had almost halted. 244 With a population of
9 million, Sweden is estimated to have only 500 street prostitutes, while
neighboring Denmark, with a population just over half that size, had between
5,500 and 7,800 in 2004, half of whom, it is estimated, were victims of trafficking.
245 In contrast, a five-year evaluation of the German law shows that
it has neither improved conditions for women in the prostitution industry
nor helped women to leave. It has also failed “to reduce crime in the world
of prostitution.” 246 The reported results are that “prostitution should not be
considered to be a reasonable means for securing one’s living.” 247
Supporters of the Swedish law say it has also had an impact on trafficking
into Sweden, with the National Criminal Investigation Department (NCID)
reporting that the country is no longer an attractive market for foreign gangs. 248
Intercepted telephone conversations show that pimps and traffickers express
frustration about setting up shop in Sweden, preferring to operate in Denmark,
Germany, the Netherlands, and Spain. In its 2004 report the NCID concluded
that the law “continues to function as a barrier against the establishment of
traffickers in Sweden”; it estimates that roughly 400–600 women are trafficked
into Sweden each year, compared with between 10,000 and 15,000
into Finland. 249 The law’s opponents claim it has made street prostitution
more risky because the few remaining clients tend to be more “perverted,”
but most of them concede that it has reduced demand. 250
Norway adopted the model in 2009 and has seen a 20 percent decrease
in street prostitution, 16 percent in indoor prostitution and a 60 percent decrease
in advertisements for sexual activities. 251 It appears that the Swedish
approach is a strong, viable method to ending exploitation and prostitution of
women. The Swedish government’s premier vision has inspired the international
community, including the CEDAW Committee, to begin to recognize
that prostitution is not some inevitable societal fixture, but is driven by the
patriarchal expectation of males to have sexual access to females on demand.
The success of the Swedish approach clearly shows the way forward for
implementation of Article 6.
States must address patriarchy in social relationships
Accepting the myth that men possess uncontrollable sexual urges and that
prostitution is a way to prevent men from raping innocent women is seen as
the ultimate justification for prostitution. 252 The Whore/Madonna dichotomy
then continues; some women can be raped, others cannot. As scholars Vednita
Carter and Evelina Giobbe state, “Prostitution exists in and is maintained
by a male-controlled society where violence against women and children is