Preview

The Legal Implications of Legalising Prostitution in Namibia

Powerful Essays
Open Document
Open Document
17865 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Legal Implications of Legalising Prostitution in Namibia
HE IMPLICATIONS OF LEGALISING PROSTITUTION IN NAMIBIA
By
UMUNAVI DESIRE KAMBOUA

Submitted in accordance with the requirements for the degree of
BACHELORS IN LAW
Supervised by:
PROFESSOR N.J HORN
In the subject Human Rights
At the
UNIVERSITY OF NAMIBIA

This dissertation is submitted in partial fulfilment of the requirement for the award of the Bachelors in Law Degree

DECLARATION

I, Umunavi Desire Kamboua, hereby declare that this dissertation titled “The Implications of Legalising Prostitution in Namibia” is my own work and has not been submitted to any other institution for higher learning.

Signed by on this day Of 2011

SUPERVISOR CERTIFICATE
I, Professor J.N HORN certify that this research and writing of this dissertation was carried out under my supervision.

Signature
Date

ABSTRACT

Prostitution in Namibia is a legal problem that is at the table of parliamentarians and legal drafters in order curb the rising levels of poverty and HIV/AIDS. Looking into the historical background and development of prostitution is imperative as it places foundation for the understanding of prostitution and the reasons behind it. However, it should be noted that prostitution in itself is not illegal but the law criminalises acts surrounding its commission. The paper will look into the rights of sex worker and into human violations and lack of safe and supportive working conditions rendering sex workers particularly vulnerable to HIV/AIDS. The predominant attitude in Namibia is that Namibia is a Christian society that needs to protect its morale and people from such acts, but nevertheless prostitution continues to grow in Namibia. The Author of the paper will look into the reasons why young women choose to sell their bodies instead of going to school and earning a living through what is considered as normal work and the gender inequalities regarding sex work, wherein the clients are not prosecuted, but merely the women who work as sex



References: Armentano, P. 1993. The Case for Legalized Prostitution. Available at www.fff.org/freedom1293; last accessed on 4th march 2011 Riek, J.2010 2010. “Kazenambo widely condemned on prostitution remarks”. New Era, 2 (4 October 2010) 2010 [ 7 ]. Shangala, S.E. 2000.The Legalization of the profession of commercial sex workers in Namibia, p9. [ 8 ]. Shangala, S.E. 2000.The Legalization of the profession of commercial sex workers in Namibia, p5. [ 17 ]. Arnott, J and Crago, A. 2009. Rights Not Rescue. South Africa; Open Society Institute, p80. [ 18 ]. Arnott, J and Crago ,A. 2009. Rights Not Rescue. South Africa; Open Society Institute, p25. [ 19 ]. Bonthuys, E and Albertyn, C. 2007. Gender, Law and Justice. Johannesburg; JUTA, p353. [ 22 ]. Legal Assistance Centre. 2002. Whose Body is it? Available at www.lac/org.na; last accessed on 4 March 2011. [ 23 ]. Legal Assistance Centre. 2002. Whose Body Is It, Available at www.lac/org.na; last accessed on 4 March 2011. [ 25 ]. La Font, S. 2008. Help wanted: Sex workers in Katutura, Namibia. Windhoek; John Meinert, p15. [ 32 ]. Arnott, J and Crago A. 2009. Rights Not Rescue, p 34. [ 33 ]. Arnott, J and Crago, A. 2009. Rights Not Rescue. Open Society Institute; South Africa, p 25. [ 37 ]. Legal Assistance Centre. 2002. Whose Body Is It? Available at www.lac/org.na; last accessed on 4 March 2011. [ 38 ]. Legal Assistance Centre. 2002. Whose Body Is It? Available at www.lac/org.na; last accessed on 4 March 2011. [ 39 ]. Legal Assistance Centre. 2002. Whose Body Is It? Available at www.lac/org.na; last accessed on 4 March 2011. [ 45 ]. Legal Assistance Centre. 2002. Whose Body Is It? Available at www.lac/org.na; last accessed on 4 March 2011. [ 46 ]. Legal Assistance Centre. 2002. Whose Body is it? Available at www.lac/org.na; last accessed on 4 March 2011, p 13. [ 47 ]. Arnott, J and Crago, A. L. 2009. Rights Not Rescue. South Africa; Open Society Institute, p 25. [ 49 ]. Arnott, J and Crago, A.L. 2009. Rights Not Rescue. South Africa; Open Society Institute, p25. [ 51 ]. Arnott, J and Crago, A. L. 2009. Rights Not Rescue. South Africa; Open Society Institute, p26. [ 52 ]. Legal Assistance Centre. 2010. Key Judgements 1990-2000. Available at http://www.lac.org.na/cases/keyjudgements.html; accessed on 8 April 2011. [ 56 ]. Bonthuys, E and Albertyn, A. 2007. Gender, Law and Justice. Johannesburg; JUTA, p354. [ 57 ]. Bonthuys, E and Albertyn, A. 2007. Gender, Law and Justice. Johannesburg; JUTA, p 362. [ 58 ]. Arnott, J and Crago, A.L. 2009. Rights Not Rescue. Open Society Institute; South Africa, p 27. [ 61 ]. Arnott, J and Crago, A.L. 2009. Rights Not Rescue. Open Society Institute; South Africa, p 28. [ 63 ]. Bonthuys, E and Albertyn, C. 2007. Gender, Law and Justice. Johannesburg, 356. [ 65 ]. Arnott, J and Crago, A.L. 2009. Rights Not Rescue. Open Society Institute; South Africa, p 29. [ 66 ]. DeLuca, C. 2011. The Stories of Women: A Comparative Analysis of the Legal Framework and Treatment of Gender violence in Botswana and Namibia. Available at www.Sexworkersrights.co.htm; last accessed on 8 April 2011. [ 74 ]. DeLuca, C. 2011. The Stories of Women: A Comparative Analysis of the Legal Framework and Treatment of Gender violence in Botswana and Namibia. Available at www.Sexworkersrights.co.htm; last accessed on 8 April 2011. [ 77 ]. Leigh, C. 2005. Critiques of Swedish Prostitution law. Available at www.sexworkerrights.com.za; last accessed on 4 March 2011. [ 78 ]. Bonthuys, E and Albertyn, C. 2007. Gender, Law and Justice, Johannesburg; JUTA, p 361. [ 84 ]. Legal Assistance Centre. 2002. Whose Body is it? Available at www.lac/org.na; last accessed on 4 March 2011 24. [ 86 ]. Bonthuys, E and Albertyn, C. 2007. Gender, Law and Justice. Johannesburg; JUTA, p 353. [ 87 ]. Bonthuys, E and Albertyn, C. 2007. Gender, Law and Justice. Johannesburg; JUTA, p 354. [ 88 ]. Bonthuys, E and Albertyn, C. 2007. Gender, Law and Justice. Johannesburg; JUTA, p 356.

You May Also Find These Documents Helpful

  • Powerful Essays

    Case Brief

    • 7225 Words
    • 24 Pages

    NOTICE: [***1] THESE ARE NOT OFFICIAL HEADNOTES OR SYLLABI AND ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT. PLEASE REVIEW THE CASE IN FULL.…

    • 7225 Words
    • 24 Pages
    Powerful Essays
  • Powerful Essays

    Etma01

    • 1654 Words
    • 7 Pages

    MacKessack, S. (2012) Unit 4 The court structure, Block 1, W150 An Introductory to law in contemporary Scotland, Milton Keynes, The open University.…

    • 1654 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    How to understand and deal with prostitution is the issue expressed in “Enough Already, It’s Time We Decriminalize Prostitution” by Patty Kelly. The thesis of this essay is that criminalizing prostitution is not eliminating the issue but causing more of them. Prostitution is becoming so familiar that we need to decriminalize it because it is not going away anytime in our lifetime or the next. This is shown by the fact that in 2005 eighty-four thousand people were imprisoned for prostitution or prostitution-related offenses. Patty Kelly pleads that where it has been legalized people are more satisfied with their jobs and are more often there voluntarily instead of being forced to be there. This is supported by the fact that out of one hundred…

    • 214 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Among all the controversial topics, prostitution is one of the most scandalous. Being one of the world’s oldest professions; prostitution uses the sin of adultery to lure clients into spending money on sexual pleasure. Although many prostitutes are controlled by pimps and social pressures, the act of prostitution is a lucrative way to make quick and relatively easy money. If one were to take in the positives and negatives of prostitution, it’s clear to see that legalization, though frowned upon, would have a progressive outcome.…

    • 1411 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Miss

    • 2553 Words
    • 11 Pages

    This essay will explore the differences in how the criminal justice system treats men and women; it will also investigate a variety of theoretical research from early traditional thinkers to feminists, and how they have analyse the criminal justice system with a focus on gender. It will examine the British official statistics relating to crimes recorded looking at gender and crimes going un-recorded.…

    • 2553 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    In the Netherlands, the historical decriminalization process of prostitution was founded on public health standards, but it soon provided more protections and regulations for prostitutes as a means of decriminalizing a commercial enterprise. In many cases, prostitution has been seen as a voluntary profession that protects the rights of the prostitute, and prevents the involuntary exploitation of children and adults into the sex trade. In a similar manner, Canada has also had a history of decriminalizing prostitution in the 20th century, but with increasing barriers to worker’s rights for voluntary prostitutes as a legal and regulated business. However, modern Canadian legislation only protects involuntary sex workers, such as children and lower-class adult women, and it does not support the idea of a more expanded commercialized system of regulation for voluntary sex workers. This is a major difference between the decriminalized sex trade of the Netherlands and criminalized prostitution in Canada, which supports voluntary sex workers as members of a commercial trade. Certainly, the example of the Netherlands provides a more developed acknowledgment of voluntary sex workers as having rights under the protection of government regulation, which is also being considered in Canada.…

    • 1030 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Harry, Paul Y. “The Case Against Legalizing Prostitution [Opinion].” Africa News Service 10 Feb. 2012: n. pag. Gale Opposing Viewpoints in Context. Web. 16 Apr. 2012.…

    • 1505 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    In her expository essay, “Enough Already, It’s Time We Decriminalize Prostitution,” Patty Kelly debates the controversial issue of the legalization of prostitution. Discussing her research of the involvement of American male adults in prostitution, Kelly successfully quotes the large number of males who are involved in paid sex services. She also uncovers the reasons sex workers are in this specific field which are: after leaving a distressful marriage, a disturbing pre-marital relationship, financial catastrophe, etc. It gives women the choice to work make their own hours and set their own rates and gives them the flexibility to decide the acts they will perform, which can be different for each individual. She sheds light on the behaviors of male customers as well, such as the willingness to pay more for unprotected sex and how they can be violent towards sex workers. Moreover, she pinpoints the law of different lands and states for prostitution to uncover the realistic approach to provide legal rights to sex trade workers. However, she discourages most of the laws due to their inability to provide protection to women, but she highly appreciates New Zealand’s 2003 Prostitution Reform Act which is based on core human values to live in a safe environment as well, it gives protection to sex workers. The law not only decriminalized prostitution, but it put firm rules in place to insure safe sexual activities and bind all the people and organizations involved in such business to be equally responsible for minimizing the risks of STD transmission. In the end, Kelly’s essay urges that more protection for prostitutes and their customers be put in place so that sex workers and the men who use their services can be safe, and work in a respectful…

    • 295 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The essay, “Enough Already, It's Time We Decriminalize Prostitution”, written by George Washington University’s, anthropologist Patty Kelly, is a response to a U.S. governors resignation regarding his use of prostitutes. Throughout the essay, Kelly makes her position clear that she is in favor of the decriminalization of prostitution. In order to strengthen her stance towards the subject, Kelly recounts first hand research into one legal brothel in Mexico, provides statistics and compares the negative impacts of criminalization and legalization in favor of decriminalization. However, it is worth noting that she does not properly cite her statistics or examples, therefore further investigation is required to verify if all statements are factual.…

    • 255 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Annotated bibliography

    • 664 Words
    • 3 Pages

    KELLY T. (2011). The cause of human rights: doubts about torture, law, and ethics at the United Nations. Journal Of The Royal Anthropological Institute, 17(4), 728-744. doi:10.1111/j.1467-9655.2011.01716.x…

    • 664 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The current state of our U.S. economy is poor. The unemployment rate is sitting at a high 8%, and families are struggling to support themselves. With our country in this great deficit, we are in need of a new, thriving industry to create new revenue for the federal government.…

    • 519 Words
    • 3 Pages
    Good Essays
  • Best Essays

    The purpose of this paper is to focus on the vastly contentious issue of the legalization of prostitution. Within this subject I will consider both arguments for legalizing prostitution, as well as arguments against. My paper will begin with a brief summary of the appealing nature of the industry while considering the positives of the subject; including specific facts and studies that support the legalization of prostitution as beneficial. My paper will then continue with considering the opposing view of the subject as well, using specific studies that demonstrate the legalization of prostitution to be detrimental. Laws, concepts, solutions and pros and cons will all be reviewed and discussed in detail throughout my paper. My paper will then conclude with a short summary on the research collected, including a brief commentary on how the issue of prostitution, illegal or not, is connected to women’s studies.…

    • 2102 Words
    • 9 Pages
    Best Essays
  • Better Essays

    Women Oppression

    • 1667 Words
    • 7 Pages

    An underdeveloped, underprivileged country cannot prosper and stabilize if half of its population is marginalized. A Chinese proverb states that women hold up half the sky, inspiring Nicholas Kristof and Sheryl WuDunn to write the book, Half the Sky. Their intention is to open people’s eyes to less fortunate women’s oppression. Their argument incorporates both logic and emotion -through both statistics and horrifying anecdotal true stories. These two journalists show that women’s oppression with regard to sex trafficking, violence and lack of education is essentially the equivalent of slavery. Over 150 years after the Emancipation Proclamation, why does something so similar to slavery still exist? Kristof and WuDunn explain that the situation can be altered, with the help of American government and personal donations. If America used 1/12 of 1% of the amount of money it spends on militaristic necessities, women around the world could benefit. Others argue that prostitution is not forced but a right to females. And those people argue that the United States has little impact on reducing human trafficking and increasing women’s rights. But that kind of mentality is incorrect, due to the fact that even the smallest aid will make an impact.…

    • 1667 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    5. Srinivasan, A. (1985). Reform and Revival: The Devadasi and Her Dance. Economic and Political Weekly , 1869-1876.…

    • 2739 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Ghgihoihoihpohjk

    • 143162 Words
    • 573 Pages

    Barnes, K. 2009. Building an inclusive Security Sector, How the EU can support gendersensitive security sector reform in conflict -affected contexts, Initiatives for Peacebuilding…

    • 143162 Words
    • 573 Pages
    Powerful Essays

Related Topics