FULLTEXT02

Prostitution and human rights
A philosophical study regarding legislation on prostitution and the

capabilities approach
Astrid Svensson
Human Rights
Bachelor’s Thesis
15 credits
Spring 2022
Supervisor: Anders Melin
Abstract
The thesis consists of a philosophical normative analysis of legislation on prostitution. The
thesis aims to add on to the existing discussion regarding prostitution through an angle that
has not been discussed earlier. During the thesis, three major models of legislation are
analyzed through the theoretical framework of Martha Nussbaum’s capabilities approach.
The three major models of legislation are criminalization, the Nordic model, and legalization.
The result entails that criminalization is the least supported model of legislation regarding
prostitution, and the Nordic model is the most supported by the theoretical framework.
Although, it is stated that the answer could perhaps be found outside the three major models
of legislation.
Key words: Prostitution, legalization, criminalization, the Nordic model, capabilities

approach
Word count: 13 723
1
Table of Contents
1. Introduction ...................................................................................................................... 3
1.1 Purpose and aim .................................................................................................................. 5
1.2 Theory and method ............................................................................................................. 5
1.3 Limitation ............................................................................................................................. 6
1.4 Relevance to human rights.................................................................................................. 7
2. Background ...................................................................................................................... 8
3. Previous research ............................................................................................................. 9
3.1 Report by CAP ..................................................................................................................... 9
3.2 Previous case studies ......................................................................................................... 10
3.3 Martha Nussbaum on bodily services .............................................................................. 12
4. Method and material ..................................................................................................... 13
5. Theory ............................................................................................................................. 15
5.1 Normative Theory: Capabilities Approach ..................................................................... 15
5.1.1 Nussbaum on the list of capabilities .......................................................................................... 16
5.1.2 List of capabilities ....................................................................................................................... 18
5.1.3 Comparison of life quality .......................................................................................................... 18
5.1.4 List of capabilities as universal .................................................................................................. 19
5.2 Model of legislation: Criminalization .............................................................................. 19
5.2.1 Criminalization regime............................................................................................................... 20
5.2.2 Neoconservatism ......................................................................................................................... 20
5.2.3 Arguments for criminalization .................................................................................................. 20
5.2.4 Critique of criminalization ......................................................................................................... 22
5.3 Model of legislation: The Nordic Model .......................................................................... 22
5.3.1 Ending demand for prostitution ................................................................................................ 22
5.3.2 The Nordic model and social democrats ................................................................................... 23
5.3.3 Critique of the Nordic Model ..................................................................................................... 24
5.4 Model of legislation: Legalization .................................................................................... 25
5.4.1 Sex work approach ..................................................................................................................... 25
5.4.2 Legalization and decriminalization ........................................................................................... 26
5.4.3 Neoliberalism............................................................................................................................... 26
5.4.4 Approaching arguments against legalization ........................................................................... 27
6. Result and analysis......................................................................................................... 28
6.1 Criminalization and capabilities approach ..................................................................... 28
6.2 The Nordic model and capabilities approach ................................................................. 31
6.3 Legalization and capabilities approach ........................................................................... 32
7. Conclusion and discussion............................................................................................. 34
8. Further research ............................................................................................................ 36
9. Bibliography ................................................................................................................... 37
2
1. Introduction
There is an ongoing discussion regarding prostitution and whether it should be legalized,
criminalized, or something in between. The discussion involves question of whether
prostitution should be considered a fair work and get equal working conditions and rights as
other occupations or be abolished. Prostitution is an ongoing discussion and a debated subject
in academic, advocacy, and policy circles locally and globally regarding human rights. The
research problem is what type of model legislation on prostitution should entail by being the
most supported by the capabilities approach. The research problem is interesting since the
topic prostitution has been debated for several years in a variety of angles, although no
universal conclusion has been made. Additionally, the discussion involves a variety of topics
and concerns sexual domination of women and overall gender inequalities, even though
prostitution does not exclusively regard women. The discussion also involves migration and
globalization. 1 Although, in some instances it is difficult to find information on prostitution
through searching for authorities to suggest a legislative model. For example, while trying to
find information from the EU (European Union) the search result for "prostitution" is non-
existent. 2
Amnesty International published a policy of protecting prostitutes (sex workers) from human
rights violations. According to their policy, states following women’s and gender rights
should decriminalize prostitutes. Instead, focus on protecting those selling sexual services
from being exposed to human rights violations. 3 Amnesty International claims to not work
against anyone having to sell sex. The NGO (non-governmental organization) claims that
those selling sexual services most often do not have any other option for supporting
themselves. Amnesty International fights for people selling sex not to be exposed for human
rights violations, and not for ending prostitution since that follows the policy. Amnesty
International defines the term ”sex work” to describe situations where adults are engaging in
commercial sex through consent. In their policy, they refer to sex workers as adults, over the
age of 18, of all genders who receive gifts in exchange for consensual sexual services. 4 Other
1
Liberto, S.Q. Ana, Ratajczak, Kathleen (2017) The Feminist Debate on Prostitution and Trafficking:
Reflections For a Unified and Theory-Driven Approach, International Review of Modern Sociology, vol 43 no
1, p.119
2
European Union. Home page. URL = <https://european-union.europa.eu/index_en>, accessed 2022-04-21
3
Amnesty International “Resolution on State Obligations to Respect Protect and Fulfil the Human Rights of Sex
Workers” (2016), URL= < https://www.amnesty.org/en/wp-
content/uploads/2021/05/POL3040622016ENGLISH.pdf>, accessed 2022-03-04, p.1-2
4
Ibid., p.2
3
sources claim that prostitution, should not be legalized and the idea of minimizing harm
through the decriminalization of prostitution is a myth. Demand Abolition claim that
prostitution connects to other kinds of criminal acts, such as trafficking and pimping which
would increase in areas where prostitution is decriminalized. 5
The Swedish Equality Authority (Jämställdhetsmyndigheten) defines prostitution as when a

person purchases or sells sexual services for some form of compensation. They mean that the
compensation does not have to be money. It could be goods, services, alcohol,
accommodation, travel, or other gifts. Sweden is the first country to criminalize purchasing
sexual services and the Swedish Equality Authority explains that it is illegal to purchase
sexual services in Sweden due to the Sex Purchase Act that was implemented in 1999. 6 The
Dutch Government writes that prostitution in the Netherlands is legal if it involves sex
between consenting adults, although they state that forced prostitution, underage prostitution,
and unsafe working conditions exist. The government claims that they want to criminalize
engaging in sexual services of prostitution under the age of 21. 7
Although prostitution could be described clearly for some, there are many grey areas.
Britannica, an online dictionary, defines prostitution as a practice of engaging in relatively
indiscriminate sexual activity, in general with someone who is not a spouse or a friend, in
exchange for immediate payment in money or other valuables. Prostitution goes for all
genders and sexualities. Prostitution has different perceptions based on culture and norms that
differ from society to society. As the discussion claims, some argue that it is a profession,
other societies have cursed prostitution through stoning, imprisonment, and death. A variety
of societies have also cursed clients of prostitutes, but in most societies, clients have no legal
punishment. 8 There is an additional discussion regarding language of selling sexual services.
Melissa Hope Ditmore writes in her book that many are familiar with the term prostitution
and that sex work refers to a wider variety of sex related allowances such as stripping, phone
5
Demand Abolition “Why Prostitution Shouldn’t Be Legal” URL=
<https://www.demandabolition.org/research/evidence-against-legalizing-prostitution/>, accessed 2022-03-04
6
Jämställdhetsmyndigheten ”Prostitution och människohandel” (2021, upd. 2022) URL=
<https://jamstalldhetsmyndigheten.se/mans-vald-mot-kvinnor/prostitution-och-manniskohandel/>, accessed
2022-04-14, translated by Astrid (me)
7
Government of the Netherlands, URL= <https://www.government.nl/topics/prostitution>, accessed 2022-04-14
8
Britannica, Jon Philip Jenkins, ”prostitution”, URL = <https://www.britannica.com/topic/prostitution>,
accessed 2022-03-28
4
sex, pornography. She mentions that the term “sex work” was founded in 1978 by Carol
Leigh, and the term is most common among sex worker rights advocates. 9
For the scope of this paper, the focus lies on the legislation of prostitution from a
philosophical perspective. The research problem entails whether prostitution, from a
philosophical perspective, should be criminalized, legalized, or follow the Nordic model
according to the capabilities approach. Starting by presenting the purpose and aim,
introducing theory and method, limitation, deep diving in method and material, and the
relevance to human rights. Further on presenting previous research, and theories. The theories
are presented in two sections, the first section presents the theory of rights used as a
framework in the analysis. Second, the different models of legislation that are analyzed.
Further on follows, background, the analysis, conclusion, and, finally, discussion.
1.1 Purpose and aim

The essay aims to add on to the current discussion on legislation concerning prostitution from
a philosophical and academic perspective and analyze the discussion different takes through a
normative rights theory. The aim is to get a clearer view of what type of legislation should
normatively be applied to states legislation and which model is most supported by a theory of
rights: the capabilities approach. To narrow it down, the focus lies on three main models for
legislation on prostitution: criminalization/abolitionism, the Nordic model, and legalization.
The purpose of analyzing three models of legislation regarding prostitution is to get a clearer
understanding/analysis of the relationship between the models and a theory of rights, the
capabilities approach. There have been no or very few previous studies concluding a study
through this method of analysis and capabilities approach for this subject. Although,
prostitution has been discussed for a very long time, in a variety of academic and political
circles, analyzing the topic through the capabilities approach is a yet to be unexplored aspect
of the topic.
1.2 Theory and method

The analysis of this essay consists of analyzing models through a theoretical framework,
critical thinking, and reason. First, there are three models, regarding legislation on
prostitution. One could claim that they are three different opinions/aims most people take
9
Hope Ditmore, Melissa (2011) Prostitution and Sex work, Santa Barbara: Greenwood Press, p.xvii
5
while discussing prostitution. One side consists of criminalization, the model of eliminating
prostitution through penalizing it in all forms for everyone involved. 10 The other side of the
legislation spectra, is legalization, consisting of ideologies of bodily integrity and free choice.
Legalization aims for prostitution to be viewed as any other occupation. The model consists
of wanting people to choose for themselves, whether they would like to participate in
prostitution or not. 11 In-between these two extremes, there is the Nordic model, which is
somewhat of a mix of the two. The Nordic model reaches for decreasing supply through
ending demand for prostitution. While it is illegal and punitive to purchase prostitution sex,
the selling aspect is legal. The reasoning behind the model consists of protecting prostitutes
who are viewed as victims. 12 The theory used to analyze these three models is Martha
Nussbaum’s capabilities approach. It could be considered as a theoretical framework of this
essay. The capabilities approach is a theory of rights consisting of ten different capabilities,
or components, which the author argues should be universal for all humans.
The method of this paper consists of analyzing the ideologies of the three models of
legislation through the theory of rights, the capabilities approach, to reach a conclusion of
which model of legislation is most supported by the capabilities approach. Through reasoning
and critical thinking, a conclusion of which type of legislative model is the current most
supported according to the capabilities approach.
1.3 Limitation
Considering the scope of this thesis, prostitution is the focus. It means the act of selling
and/or purchasing sexual services between two or more people. Other closely connected
topics to prostitution, e.g., sex trafficking, migration, and globalization are not brought up in
this essay since the focus lies on prostitution. Although a few arguments include sex
trafficking, they will not be explained further and not be examined for the scope of this essay.
The focus lies on prostitution in the Western world e.g., in Europe and the United States of
America. The essay is limited to merely three models regarding legislation on prostitution:
legalization/decriminalization, the Nordic model, and criminalization. For this essay, the term
“prostitution” will be used and “sex work” will not be used, for clarification. Although, some
models use the term “sex work” and therefore I will refer to the model as such, although not
10
Mathieson, Ane, Branam, Easton & Noble, Anya (2016) “Prostitution Policy: Legalization, Decriminalization
and the Nordic Model”, Seattle Journal for Social Justice, Vol. 14 Iss. 2, Article 10, p.372
11
Ibid., p.378
12
Ibid., p.374
6
for the person, or group of people, executing the sexual services whereas the term will
consistently be “prostitute” or “prostitution”. I will refer to the models as “models”, and the
reasoning and thinking behind the models as “ideologies”. Although, the theoretical
framework will be referred to as “theory”.
1.4 Relevance to human rights

A variety of human rights scholars are taking part in the discussion of legislation on
prostitution and argue that prostitutes are being exposed to human rights violations whereas it
relates to the subject of human rights. In 1991 Laura Reanda discussed prostitution and
human rights in an article about prostitution as a human rights question. According to the
author, you cannot discuss prostitution without adding human rights, since the matter is about
human beings with rights. Reanda claims that prostitution could be a human rights
violation. 13
Some consider prostitution a violation of human rights and others claim that it is a right to
your own body and bodily autonomy. For example, Martha Nussbaum’s article discusses
selling prostitution sex in a variety of aspects including bodily integrity and free choice. 14
Considering those aspects, the topic is closely connected to human rights in several aspects.
A variety of human rights scholars that participate in the discussion regarding prostitution
and what is conserved preferable for society or considering which type of legislative control
states should have over prostitution. In addition, human rights scholars are discussing
different elements of prostitution. Some stating that it currently has an active role in our
society and therefore one must handle the topic from that standpoint. For example,
prostitution is here and real, how will we go about it?
Using a theory of rights, the capabilities approach, to analyze different models of legislation
on prostitution adds on to the relevance to human rights research. The capabilities approach is
a theory of rights consisting of ten components, or capabilities, which the author argues
should be provided for all humans across the globe (such as rights). The list will be presented
13
Reanda, Laura (1991) Prostitution as a Human Rights Question: Problems and prospects of United Nations
Action, Human Rights Quarterly, Vol.13 (202-228), p.227-228
14
Nussbaum, C. Martha (1998) “Whether From Reason Or Prejudice: Taking Money For Bodily Services”, The
Journal of Legal Studies, Vol. 27, No.2, p.707-708
7
further along in the paper. 15 The human rights authors Ane Mathieson, Easton Branam and
Anya Noble discusses prostitution in terms of human rights in their article. They claim that
declaring people sold in prostitution as criminals, equally guilty of a crime as the buyer of
prostitution sex, is a human rights. This also includes the party of profiteers such as pimps
and brothels. The authors claim that this is a violation of women and youngsters exposed to
prostitution. They continue to argue that criminalizing the individuals being sold in and used
for prostitution “more” than those purchasing prostitution sex, is a further human rights
violation and a failure of criminalization as a policy model. 16
Prostitution has been discussed by the UN (United Nations) several times. For example, the
CAP International (the Coalition for the Abolition of Prostitution) report writes that the
Secretary-General of the UN in 2003 adopted certain measures to prevent exploitation and
sexual abuse for all peacekeeping missions by the UN. The Secretary-General called this a
“zero tolerance” policy and forbid UN stakeholders from any exchange of money,
employment, goods, or services for sex. It included sexual favors or other forms of
humiliating, degrading, or exploitative behavior. 17
2. Background
According to Britannica, prostitution meaning the sexual acts of selling and buying sexual
services between two or more consenting adults. Typically, it is between two or more people
who are not spouses or friends, and the compensation for the prostitute can be money or other
valuables. Prostitutes can be all genders and all sexualities, majority of those selling sexual
services through history have been women and those purchasing prostitution sex have been
men. Historically in Europe, during the Middle Ages prostitution flourished, it was protected
but merely tolerated. Prostitution at this time was licensed and regulated by law. 18
Prostitution constituted large brothels and stricter control came about during the 16th century.
Due to religious beliefs, a new sexual morality was established among citizens, and there was
a war on sexual transmitted diseases. During the 19th century a variety of societies in the
West wanted to decrease and suppress prostitution. Anti-prostitution campaigns increased
15
Nussbaum, C. Martha (2000) Women and Human Development, Cambridge: Cambridge University Press,
p.77-79
16
17
Cap International February 2016, Author: Grégoire Théry, Prostitution under International Human Rights
Law: An Analysis of State’s Obligations and the Best Ways to Implement Them p.5
18
accessed 2022-05-04
8
during the 1860s closely connected to female suffering, feminism increased, and male
libertinism was seen as a threat to women. During the in 1921 century League of Nations
incorporated a Committee on the Traffic in Women and children, in 1949 the UN general
assembly established the convention for the suppression of prostitution. 19
3. Previous research
During this chapter, previous research is presented. Regarding the research problem of
legislation on prostitution the previous research consists of different reports, case studies, and
theories. There is plenty of previous research since prostitution is a highly debated topic,
although not touching the subject of the capabilities approach, not all can be presented for the
scope of this thesis. Even though prostitution, and legislation on prostitution, has been
debated numerous times before there are aspects that needs to be discussed further. For
example, the research problem of this essay.
Laura Reanda’s article in 1991 concerns prostitution considering the focus of human rights. 20
Previous research also focuses on what the UN think of the matter, in the report by CAP
International. 21 There have been different case studies made, Mathieson, Branam and Noble
describe case studies in their article. 22 Joyce Outshoorn focuses on the legalization aspect of
prostitution in her article. 23 The final section of this chapter includes Martha Nussbaum’s
article where she discusses prostitution from a perspective of bodily integrity and free
choice. 24
3.1 Report by CAP

CAP is a coalition of 14 NGOs working together to support victims of prostitution and
trafficking. 25 The report state that prostitution is a violation of human rights and is a
19
accessed 2022-05-04
20
Reanda, Laura (1991) Prostitution as a Human Rights Question: Problems and prospects of United Nations
Action, Human Rights Quarterly, Vol.13 (202-228), p.202
21
Law: An Analysis of State’s Obligations and the Best Ways to Implement Them, p.6
22
23
Outshoorn, Joyce, 2012, Assessing the impact of women’s movements, Women’s Studies International Forum
35, p.147
24
25
9
fundamental obstacle to gender equality. The analysis claims that in the UN Convention for
the Suppression of the Traffic in Persons and the Exploitation. Of the Prostitution of Others
in December 1949 the State Parties of the UN claimed that prostitution is not compatible with
the dignity and worth of human beings. Dignity and worth of human beings are fundamental
in the UDHR (Universal Declaration of Human Rights) and the Charter of the UN which
were adopted in 1948 by the UN General Assembly. 26 CAP writes that international human
rights law has recognized prostitution as a violation of human rights and prohibits
exploitation of the prostitution of others, including pimping, procuring, and the running of a
brothel. The authors of the report mean that there is a direct binding obligation by states and
UN agencies to work towards eliminating prostitution. 27 Claiming that there should be an
abolitionist policy and decriminalization of prostituted persons, they argue that there should
be a universal prohibition on the purchase of sex acts. 28
3.2 Previous case studies

Different case studies have been made in this research area. Mathieson, Branam, and Noble
examine three cases that have different legislation on prostitution. First, a case of the United
States examining the neoconservative prostitution policy. The authors argue that
neoconservatism in the U.S. blames victims of prostitution for their exploitation. Prostitution
is performed by sexual deviants, there are no victims of this crime. The authors claim that the
case results in cultural norms that praise pimping and encourage violence against women
through cultural language in music, television, and other media. 29 The authors mean that in
these types of regimes the culture of blame is strong, even children get blamed for their
exploitation in prostitution. Not all states have punitive measures for buyers, and most of the
time they face less punitive actions than prostitutes. Criminalization regimes often fail to
recognize different types of coercion that prostitution derives from. There could be
heterosexist and racist social structures, homelessness, drug addiction, unemployment,
violence, childhood sexual abuse or trauma, and general poverty. The authors argue that
criminalizing prostitution solely exploits prostituted women further. 30 The authors point out
26
27
Ibid., p.10
28
Ibid., p.16
29
30
Ibid., p.375
10
that in criminalized regimes it is common violence against women, not solely for police
misconduct. 31
Mathieson, Brenam, and Noble’s second case examines the Netherlands through a neoliberal
prostitution policy. The government argued that legalization reason behind ending abuses in
the sex industry and that it prevents human trafficking. The sex industry would also be an
income for the Dutch government. 32 The country wants to tax-free choice-based prostitution
and wreck forced prostitution. The authors claim that neoliberalism, on which the
Netherlands' prostitution policy is based on, means that the government should not have
much market influence. The Netherlands claims to have sex-positive feminism and shed light
on prostitutes as independent agents, choosing their occupations and taking control of their
own lives. The authors mean that advocates for legalizing prostitution claim that women in
prostitution are stigmatized and suffer violence due to exclusion from the legal labor
market. 33
Lastly, the authors examine the Social Democratic prostitution policy in Sweden, the Nordic
model. The authors claim that the Nordic model in Sweden focuses on altering social norms
to decrease prostitution and that the Nordic model does not derive from punitive measures.
The authors argue that the approach is a combination of law enforcement, community
education, and social services. 34 In Sweden the number of men who purchased sex decreased
from 13.6 percent to 7.8 percent after introducing criminalized sex purchases. 70 percent of
Swedes support the law, and it has been successful in altering social norms. In addition, the
authors make a connection between prostitution and human trafficking, claiming that
Denmark, engaging in a decriminalization approach, has higher numbers of both street
prostitution and human trafficking, than Sweden with the Nordic model. 35
Other previous research focuses on feminist model and bodily integrity and bodily autonomy
of women, as Joyce Outshoorn in her article on legislation on prostitution. She explains that
FEMCIT is a project on bodily citizenship that focuses on new public discourses constructed
31
32
Ibid., p.382
33
34
Ibid., p.398
35
Ibid., p.402
11
by the new feminist movements over the past decades. They focus on two issues involving
the female body, prostitution, and abortion. They have concluded case studies through
different states e.g., the Netherlands, Portugal, Sweden, and Czech Republic. Regarding
prostitution they discuss different feminist groups who developed discourse about sex work
or sexual oppression and were able to affect policy discourses and law in three of the four
countries. 36
3.3 Martha Nussbaum on bodily services

In addition to Martha Nussbaum’s work on the capabilities approach, she has written an
article on prostitution and the purchasing and selling of “bodily services” as she refers it as.
She claims that all of us take money for the use of our body, for example doing a job and
receiving a wage for it. She means that some forms of work are stigmatized by class
prejudice, or stereotypes of race or gender, others are stigmatized due to convincing and well-
reasoned arguments. 37 She continues to write that taking money for sexual services is
generally seen as bad, but she also claims that it opens a discussion on moral and legal
evaluation. The author argues that prostitution should be seen in a broader sense as taking
payment for the use of the body and from an awareness of the options and choices available
to poor working women. We should not be bothered by a woman who has many options but
still chooses prostitution, although we should be bothered by women who do not have many
other options for an occupation. Nussbaum claims that the legalization of prostitution would
be helpful for women who do not have many options, to begin with. 38 She continues to state
that prostitution is not a single thing and there are many different levels of independence and
economic success. Most cultures have a commercial aspect of straight pairs from classic
prostitution to marriage or an expensive date for sexual services or favors that are expected at
the end. The author does not include child prostitution or forced prostitution, but she
compares a prostitute to many different occupations and detects the grey areas of what
prostitution constitutes.39
36
Outshoorn, Joyce, 2012, Assessing the impact of women’s movements, Women’s Studies International Forum
35, p.147
37
38
Ibid., p. 695-696
39
Ibid., p. 700-701
12
Nussbaum asks questions about what differentiates prostitution from other occupations, and
she concludes that it differs in many subtle ways, the largest being stigmatization.
Prostitution is claimed to be immoral and closely connected to gender hierarchy meaning that
women need male domination and control. Nussbaum continues to state that some argue that
men need sexual outlets for their desires, whereas women enter the picture and are provided
for it. Prostitution consists of stigma for a moralistic view of female sexuality that rarely is
accepted by non-premarital sex advocates. Female lust is viewed negatively and has always
been seen as bad and dangerous. Some have seen the prostitute as a threat to male control
because of the sexually active female prostitute and therefore some would like to repress the
occupation in its entirely. Thereafter a solution for male sexual outlet would be a safer trip:
marriage, and through marriage female sexuality would still be kept in bounds carefully set
by men. 40 Nussbaum writes that a woman of dignity will wreck society but as a prostitute, her
reputation would be in the dirt and only be tolerated for the services she provides, prostitution
sex. 41
4. Method and material

The method to cope with the research problem is an argumentation analysis using reasoning
and critical thinking to assess the arguments through the capabilities approach of different
models regarding legislation of prostitution. According to the author Anthony Weston,
arguments are the essential part of supporting a view through reason. . The author claims that
arguments are used in terms to find out which view is better since they are not equal. 42 Anne
Thompson claims that reasoning is an everyday human activity, thinking about what we
should do and why we should do it. The author writes that a dictionary defines it as the act or
process of concluding facts, evidence, etc., and she continues to describe that the approach
can help us know whether the conclusions are drawn from facts. 43 According to Thomson
reasoning is a tool valuable to anyone who would like to understand and deal with the natural
and social worlds. Critical reasons, she continues, are concerned with giving reasons for
one’s beliefs and actions, analyzing and evaluating one’s own and other people’s reasoning. 44
According to Lewis Vaughn, a conclusion without good reasons is a mistake in reasoning,
40
41
Ibid., p.709-710
42
Weston, Anthony (2017) A Rulebook for Arguments, 5th ed. Cambridge; Hackett Publishing Company, p. xii
43
Thomson, Anne (1996) Critical Reasoning in Ethics, London: Routledge, p.1
44
Ibid., p.2
13
and believing something without good reasons is a recipe for error. Therefore, arguments are
a foundation of philosophy and how to advance knowledge in all fields. In philosophy, the
author states, we either devise arguments to support a statement or evaluate arguments to see
if there are any good reasons for accepting its conclusion. Through the process of devising
and evaluating arguments one might see either that the conclusion is unsupported or that the
arguments are faulty or that some arguments are solid. 45
This essay is a normative philosophical paper, and to reason for legislation, a conclusion on
prostitution's different models will be analyzed through Martha Nussbaum's capabilities
approach. Through using critical thinking and reasoning during assessing the arguments in
the analysis is vital in order to reach a conclusion. For the scope of this paper, there are a few
capabilities that are more relevant than others. For the analysis, the capabilities life, other
species, control over one’s environment, and play will not be analyzed since they have no
connection to the models of legislation on prostitution. The focus will thereby lay on the
following capabilities: bodily health, bodily integrity, senses, imagination, and thought,
emotions, practical reason, and affiliation. The material consists mostly of secondary sources
such as articles, reports, books, and academic material to be able to gadget the arguments.
Many articles and sources of the thesis focus on and use the term, women while referring to
who is on the selling side of prostitution. Therefore, the focus of this essay lies on female and
not male prostitutes. The material chosen includes the three major models on legislation of
prostitution and therefore that material is the most well-fitted for the scope of this paper.
Using Martha Nussbaum’s book on the capabilities approach is necessary for the information
regarding the theory and analyzing prostitution in a new light. The material consists of
different opinions, takes, and statements regarding prostitution which are valid to use since
the analysis aims to assess arguments by the different models of legislation. Although, there
are some resentments in touching argumentation since the facts are to be under consideration,
while stating that a model claim a fact does not necessarily correlate to it being considered as
“true” or “real”. It is simply the model of reasoning and thinking philosophically regarding
prostitution and not necessarily based on unbiased facts.
45
Vaughn, Lewis (2006) Writing Philosophy. New York: Oxford University Press, p. 7
14
5. Theory
The authors Mathieson, Branam, and Noble explain three different positions that most people
take concerning legislation on prostitution or how to go about it. Firstly, to criminalize or
abolish prostitution completely which is a consequence of deficient moral character.
Secondly, the other end, legalize or decriminalize prostitution. This stance is characterized by
viewing prostitution as a valid form of labor that is not harmful. Thirdly, the take that
prostitution should be partly legal, known as the Nordic model, where purchasing prostitution
sex is illegal while selling is legal. This take has its foundation in the idea of prostitution is a
consequence of political, economic, and social inequality in a society where people are forced
into prostitution due to social vulnerability. 46
There are many different specific models, or theories, presented in the articles, but the focus
lies on the most common once for they are the most reoccurring in literature, and it would be
the typical choice to entail the largest models. To cope with the research problem of
legislation on prostitution the analysis consists of the different takes on the legalization of
prostitution through philosophical binoculars of Martha Nussbaum’s capabilities approach.
This chapter consists of presenting the theoretical framework needed to conclude the study
and the analysis. The theoretical framework will be applied to the models in order to analyze
which model is most supported by the theory. Firstly the theoretical framework of Martha
Nussbaum’s capabilities approach is presented, followed by the different models of
legislation on prostitution. During this chapter, firstly Martha Nussbaum’s capabilities
approach is presented. Secondly, the three models of legislation regarding prostitution are
presented in the following order: criminalization, the Nordic model, and legalization. As
previously stated, a variety of theories consists of biased opinions regarding how life is, or
should be lived, through a model and not naturally consisting of unbiased facts.
5.1 Theory of Rights: the Capabilities Approach

Martha Nussbaum argues that women are unbeneficial by society and face greater obstacles
than men in the workplace whereas they are often discriminated against and expected to both
have a full-time job at the workplace and take care of all the household work. Therefore,
46
15
women do not have equal capabilities as men in society. 47 One might say that women are
treated as objects instead of something with dignity that deserves rights. Women are
considered instruments of reproducers, caregivers, sexual outlets, etc., which is both positive
and negative. 48 Nussbaum’s capabilities approach consists of an argument that political
thoughts should be feminist and attentive to the issues that women face in society, and she
claims that the capabilities approach is philosophical and universal for central human
functions. She uses political liberalism as her framework and argues that this approach should
be implemented by all governments as the bare minimum of what human dignity deserves. 49
Nussbaum provides a list of what she calls, central human capabilities with political
liberalism, making them political goals. The author argues that the capabilities are of an
overlapping consensus within society and people who otherwise would have different
opinions regarding moral issues. She continues to state that the capabilities should be pursued
for every individual, and she adopts a principle for each person’s capability which is based on
a principle of each person as the end. 50 The theoretical framework of Martha Nussbaum’s
capabilities approach will be used to in the analysis to analyze the different models of
legislation. Through critical thinking and reasoning the different capabilities are discussed
and argued for and against concerning each model of legislation and the reasoning behind
them.
5.1.1 Nussbaum on the list of capabilities

Nussbaum’s list of capabilities comes with ten capabilities that she claims all humans should
be entitled to. The author argues that we are human beings that deserve worth as an end and
we, therefore, want to protect humans and want humans to have goals, activities, and
projects. She continues to argue that the idea of human worth is an agreement across cultural
boundaries. Although, to be considered is that one might argue that lacking a central
capability a person can no longer be seen as a human being with equal worth and power of
e.g., decision making. For example, a person with dementia or mental disability. It is
important to consider that one still is worthy of a human being, something discussed by Marx
and called to be “truly human”. 51 The list of capabilities includes basic political principles
that can embody constitutional guarantees and the capabilities are central in every human’s
47
Nussbaum, C. Martha (2000) Women and Human Development, Cambridge: Cambridge University Press, p.1
48
Ibid., p.2
49
Ibid., p.5
50
Ibid., p.5
51
Ibid., p.73
16
life. 52 Nussbaum states that a list of capabilities is not a complete theory of justice. She
continues to claim that the list of capabilities only determines a decent social minimum in a
variety of areas. To apply a list of capabilities is to endure a threshold level of capability,
central capabilities should be secured for all citizens. 53
Nussbaum argues that the list represents years of cross-cultural discussions and comparisons
across nations and borders creating what the author calls an overlapping consensus, a
freestanding moral code of political conception that many agree with. 54 The list is not
absolute, it is open and humble. For instance, one can argue that some capabilities are more
important for basic human needs than others. In addition, Nussbaum means that some
capabilities would need more local and specific determination and guidelines, called multiple
realizability. 55 She states that the list is a framework of separate components, at the same
time each component is connected to another. Nussbaum explains that promoting women’s
literacy increase women’s control over the environment and effective right to political
participation. 56
Nussbaum notes that some aspects of the list entail natural goods where luck plays a great
role in if the capability is included in one’s life. The government cannot satisfy all citizens
through each capability since, solely through luck, some will not receive it, it can only
provide the social basis for these capabilities, according to the author. The government can
provide the social basis of the good and not the good itself. Governments cannot simply make
women healthy, although they can provide other services for this to happen. She continues to
state that there could be factors that interfere with capabilities being fulfilled that we cannot
interfere with, therefore while comparing the quality of life through capabilities one must
consider the basis for those differences. Some factors of health could be controlled by public
policy, and others cannot. 57
52
p.74
53
Ibid., p.75
54
Ibid., p.76
55
Ibid., p.77
56
Ibid. p.81
57
Ibid., p.81–82
17
5.1.2 List of capabilities
The first capability is life, the possibility of living a normal life length, the second is bodily
health, to be able to get adequate nutrition and shelter to preserve your life. The third
is bodily integrity, the ability to move freely from place to place and protect the boundaries of
your body against assault and sexual violence. Fourth is senses, imagination, and thought, to
be able to use your senses in a truly human way, basic education, freedom of expression, and
freedom of religion, the fifth is emotions, the personal relationship to persons, and allowance
to feel grief when someone dies, and allowance to feel anger, happiness, etc. 58 She continues
with the sixth, practical reason, to be able to form different conceptions of what a good life is
and act upon this and endure critical thinking of your own life. The seventh; affiliation, to
live in a relationship with other humans and show concern for them, number eight, other
species, the possibility to live with other species and care about nature and appreciate it. 59
Capability number nine is play, to be able to have leisure time and enjoy it. Lastly, the tenth
capability, control over one’s environment where you have the right to be politically active,
take part in elections and vote, protection of freedom of speech, and right to hold property. 60
5.1.3 Comparison of life quality

Another aspect of the capabilities approach is the comparison of life quality among nations.
Nussbaum argues that it is important since we will not improve life quality or a good
conception of the social minimum without getting the comparison aspect correctly. By
comparing nations one can in a philosophical way establish a threshold or social minimum.
Components that are compared are usually the usage of capabilities to the construction of a
normative political proposal that is a partial theory of justice. The capabilities approach is
completely universal. 61 Nussbaum argues that women in developed countries should be
highlighted and middle-class, or upper-class women should step aside to give room for other
women. The author argues that it is possible for a universalist view of feminism and focus on
justice, equality, and rights. 62
58
p.78–79
59
Ibid., p.78–79
60
Ibid., p.80
61
Ibid., p.6
62
Ibid., p.7
18
5.1.4 List of capabilities as universal
Nussbaum argues that her list of capabilities should be considered universal and should be
fundamental for politics. She continues to claim that it could lead groundwork for several
constitutional principles across states through political purposes and reasoning on standard
political principles. 63 Nussbaum states, on the other hand, that it could be difficult, due to
diversity and the fact that we lead different lives, to infuse ideas created in one culture or
religion into another culture or religion. Although, the author compares the argument to
Marxism where the ideas of Marxism have never had this kind of criticism even though it
originates in elite Western culture. 64 Nussbaum claims that she does not hinder women from
choosing to lead a traditional life if it contains economic and political opportunities. The
author claims that objectors of her approach consider tradition and culture solely through
positive vision and forget about female resistance and power while women protested terrible
traditional actions. 65
5.2 Model of legislation: Criminalization

During this section the model of legislation on prostitution as criminalization is presented
according to different authors. The section consists of arguments and ideologies in line with
criminalization. According to the authors Ana S.Q. Liberto and Kathleen Ratajczak there is a
discussion on whether prostitution should be abolished and criminalized or legitimate work
and legalized. It creates a discussion on essentialism and criminalization, agency, victimhood,
sex, sexuality, intimacy, sex work, labor, the commodification of sex, sexuality and the self,
North-South relation, and the interactions between trafficking and prostitution. 66 The authors
state that feminists who advocate for the abolitionist position view (abolish prostitution
completely by penalizing it) mean that prostitution as threatening and demeaning to women.
Abolitionists argue that prostitution should be excluded in society in all forms since it is a
form of sexual violence for prostitutes who are considered as victims. Prostitution is a form
of male hegemony, female constraint, and sexual oppression of women. Prostitution drives
63
p.35
64
Ibid., p.36–37
65
Ibid., p.42
66
Liberto, Ana S.Q., Ratajczak, Kathleen (2017) The Feminist Debate on Prostitution and Trafficking:
1, p.119-120
19
off men’s sexuality, aggressiveness, and dominance over women and therefore should be
illegal. 67
5.2.1 Criminalization regime

Mathieson, Branam, and Noble mean that many countries have criminalized prostitution for
the seller, and sometimes buyer, as a response to male demand for commercial sex. The
reasoning behind this legislative take on prostitution comes from it being a consequence of
immoral decision-making requiring a regulation with public order offenses. The authors
continue to explain that all forms of prostitution are illegal in a criminalization regime.
Brothels, pimping, receiving something of value in exchange for prostitution, engaging in
sexual intercourse for money, and the purchase of sexual intercourse are all illegal aspects of
a criminalized regime. 68 The authors describe the approach as gender-neutral since it
criminalizes all aspects of prostitution. 69
5.2.2 Neoconservatism
Neoconservatism can support the arguments by criminalization, or abolitionism. According to
Mathieson, Branam, and Noble, neoconservatism focus on what individualism typically
promotes: moral permissiveness. Neoconservatism seeks to restore a sense of moral purpose,
some higher-order values that will form the stable center of body politics. The model derives
from social coherence and stability. Neoconservatism involves religious aspects e.g.,
Christian ethics and new social movements such as feminism. Judeo-Christian ethics assert
that women are the gatekeepers of sexual responsibility and that women choose to tempt men
into committing immoral sexual acts. 70
5.2.3 Arguments for criminalization

Janice G. Raymond writes ten arguments for not legalizing prostitution which could be
applied to all state-sponsored forms of prostitution. The author states that it includes the
complete legalization of brothels and pimping, decriminalization of the sex industry, and
regulating prostitution by laws such as registering or mandating health checks, but it is not
67
1, p.120-121
68
69
Ibid., p.373
70
Ibid., p.373
20
limited to this only. Raymond claims that legitimating prostitution as work, confides the harm
of prostitution to women invisible, expands the sex industry, and does not empower women
in that position.71 According to the author, to legalize prostitution would increase pimping,
trafficking, and expand the sex industry. Raymond writes that “it does not dignify women but
dignifies the sex industry.” 72 The author claims that the legalization of prostitution increases
and promotes sex trafficking and that prostitution industries are the root of sex trafficking. 73
The author continues to state that legalizing prostitution does not control the sex industry but
expands it. Women are being put on display as products and legalizing prostitution would
increase secret, illegal, and street prostitution. 74 Legalizing prostitution increases child
prostitution as well as it does not protect women in prostitution.75 The author continues to
state that legalizing would not increase women’s choice and free will since women do not
make a rational choice to enter prostitution in the first place, and they do not have many
options. The author finishes to state that women in the sex industry do not want prostitution
to be legalized due to violence. 76
The Ronald Weitzer argues in his article that there are many disadvantages of legalization.
Weitzer is another author that claims legalizing prostitution would increase pimping,
trafficking, and expand the sex industry. In addition, he claims that it would increase child
prostitution, and other criminal activity, increase demand for prostitution, and encourage
prostitution in a wider and more permissible range of socially acceptable settings, whereas if
the legal barriers are removed, the social stigma will follow. Weitzer means that legalization
does not promote women’s health or free will or protect women in prostitution. He means
that women in systems of prostitution do not want the sex industry legalized or
decriminalized. 77 The author therefore argues that the model of criminalization is most
suitable for prostitution. 78
71
Raymond, Janice G. (2004) “Ten Reasons for Not Legalizing Prostitution and a Legal Response to the
Demand for Prostitution” Journal of Trauma Practice vol. 2 No. 3-4, p.315
72
Ibid., p.316
73
Ibid., p.317
74
Ibid., p.318-320
75
Ibid., p.321
76
Ibid., p.324-325
77
Weitzer, Ronald (2007) “Prostitution: facts and fictions” American Sociological Association Vol. 6 No. 4,
p.26-27
78
Ibid., p.32
21
5.2.4 Critique of criminalization
The authors Mathieson, Branam, and Noble bring up the United States as a case study in their
article. In the U.S. every state criminalizes women engaging in sexual intercourse for money
or offering to. About 50 percent of the states have criminalizing laws towards men who
purchase sex, therefore the laws fall mostly on the sellers who most often are women. 79 The
authors argue that this approach, for the case study of the U.S., blames the victims of
prostitution for their exploitation. Neoconservatism views prostitution as victimless and those
who pursue it are immoral, sexual deviants. It glorifies pimping and encourages violence
against women. 80 The authors argue that laws criminalizing the selling of prostitution sex
further exploit prostituted women. 81 Although, Mathieson, Branam, and Noble presented
criminalization as gender-neutral, they state that most often the women face greater legal
sanctions and higher arrest rates for selling prostitution, rather than men for purchasing it. 82
5.3 Model of legislation: The Nordic Model

A commonly used model on prostitution, described in some way or another is the Nordic
model. In Niina Vuolajärvi’s article, she writes that the Nordic model is about wanting to
abolish commercial sex criminalizing buying sexual services while not criminalizing selling,
aiming to protect, rather than punish women in prostitution. She means that a Nordic model is
a form of humanitarian governance that she calls punitive humanitarianism or governing in
the name of caring. 83
5.3.1 Ending demand for prostitution

According to Mathieson, Branam, and Noble, the Nordic model originated in Sweden which
was the first state to criminalize buying prostitution sex, pimping, and brothel-keeping and
decriminalize individuals who sell prostitution sex. This means that the individuals, mostly
women, and children, are exploited in prostitution.84 Sarah Kingston and Terry Thomas
discuss the Nordic model in their article. According to the authors the Nordic model is
supposed to prevent sex trafficking and support gender equality. They claim that the model is
79
and the Nordic Model”, Seattle Journal for Social Justice, Vol. 14 Iss. 2, Article 10, p.373-374
80
Ibid., p.374
81
Ibid., p.375
82
Ibid., p.373
83
Vuolajärvi, Niina (2018) “Governing in the Name of Caring—the Nordic Model of Prostitution and its
Punitive Consequences for Migrants Who Sell Sex”, Sexuality Research and Social Policy vol 16, p.151
84
22
a neo-abolitionist policy approach to prostitution where prostitution is seen due to women
being oppressed by men and clients are then seen to be men. The Nordic model is identified
as a progressive policy approach to follow internationally. 85 The authors write those other
countries have looked to this model for inspiration and is e.g., discussed in Canadian
Parliament debates, in the UK submissions to the House of Commons Home Affairs
Committee (2016) have been made. The third Report on Prostitution identified the Nordic
model as a potential approach to follow, and NGOs and rights-based organizations recognize
the existence of the model, even to the extent of identifying it as a human rights and gender
equality-based approach. 86
According to Nordic Model Now the model can be explained as decriminalization of those
who are prostituted, due to the violence it brings women should not be criminalized for the
exploitation and abuse that they endure. 87 The model uses support and exit services for non-
judgmental and high-quality services to protect and help those in prostitution for a new life
outside of prostitution. This includes access to safe affordable housing, training, further
education, childcare, legal debt, and emotional and psychological support. The model
constitutes that buying sex becomes a criminal offense since buying humans is harmful, the
model reduces demand that drives sex trafficking, according to the organization. The model
has a holistic approach that uses public information campaigns, training police and cps,
tackling the inequality and poverty that drive people into prostitution, effective laws against
pimping and sex trafficking, and penalties that reflect the enormous damage that they cause. 88
5.3.2 The Nordic model and social democrats

Mathieson, Brenam, and Noble mean that the Nordic model differs from the other
perspectives of legalization/decriminalization and criminalization whereas the Nordic Model
is a political and social policy. The model could be used by governments to advance
egalitarianism and has a sense of social democracy. The authors claim that the model has a
foundation of the idea that prostitution is gendered violence which creates a different
ideology than other models that sees prostitution because of female immorality or as a form
of labor. The authors use Sweden as a case study for this model of legislation. In the country,
85
Sarah Kindston & Terry Thomas (2018) “No model in practice: a “Nordic Model” to respond to prostitution?”
Crime, Law and Social Change, vol 71, p.423
86
Ibid., p.424
87
Nordic Model Now, Home page. URL= <https://nordicmodelnow.org>, accessed 2022-03-07
88
Nordic Model Now, Home page. URL= <https://nordicmodelnow.org>, accessed 2022-03-07
23
the idea of gendered violence as prostitution caused interventions and treatment for women. 89
The idea of punishing those who demand prostitution is not a decriminalization model, the
authors want to separate the two models. The authors mean that social democrats point at
structural barriers to women’s attainment of equity to women’s full economic, political, and
social inclusion. Whereas liberals call for a free individual. They claim that Sweden has the
idea that the sex industry profits from social inequality between genders, and adults and
children, and people of color, wealthy and colonized nations as immoral and unacceptable.
Whereas a state would like to increase welfare for its citizens, the way to go is not to
economically institutionalize the sexual subordination of women to men, such as
prostitution.90
Janice Raymond suggests that the solution for prostitution is to use the Nordic model. She
means that legalizing prostitution does not enhance the situation for the women involved, but
for the sex industry. The author writes that men who exploit women in prostitution and the
Nordic model is the legal solution without abandoning women, rather sanctioning the demand
by penalizing the men who buy women for prostitution sex. She uses Sweden as an example
and means that this model thinks outside of the legislative box, meaning that there will not be
a supply of women in prostitution without the demand from men. This model claims that
prostitution is men’s violence against women. The author also means that the outcome in
Sweden has been promising so far whereas prostitution has declined. 91
5.3.3 Critique of the Nordic Model

Sarah Kingston and Terry Thomas write that the Nordic model is based on gender inequality
and is supposed to prevent men’s oppression/violence against women. They also discuss the
Nordic model, and the consequences and negative consequences of it whereas they are not
convinced that it is as great as expected. The model is not implemented in practice, and it is
all occurring in the transfer of rhetoric and model in the Nordic countries, according to the
authors. They argue that it is a naive approach and can lead to uninformed, inappropriate, and
incomplete transfer of the model. 92 Sweden, Norway, Iceland, and Finland, introduced
89
90
Ibid., p.397
91
Raymond, Janice G. (2004) “Ten Reasons for Not Legalizing Prostitution and a Legal Response to the
Demand for Prostitution” Journal of Trauma Practice vol. 2 No. 3-4, p,326-327
92
Kingston, Sarah & Thomas, Terry (2018) “No model in practice: a ‘Nordic Model’ to respond to
prostitution?” Crime, Law, and Social Change vol 71, p.423-424
24
legislation that purchased sex as a criminal offense. The authors claim that the model needs to
be more discussed and considered, otherwise could lead to an uninformed transfer of the
Nordic model, differences in law in Nordic countries but the same principle. Model does not
reduce demand, sex trafficking, violence, or exploitation. Kingston and Thomas claim that
the model does not contribute to gender equality and that it lacks implementation by the law
and law-enforces. 93
5.4 Model of legislation: Legalization

Another model is to completely legalize prostitution. Sarah Kingston and Terry Thomas note
that the model by anti-abolitionist “the Red Thread” organization recognizes prostitution as
real work and that there is a stigma of a “whore”. 94 Outshoorn states that many secular parties
of parliament in the Netherlands think and have thought of prostitution as self-determination
by the person, once again the free choice of a person to prostitute themselves. 95
5.4.1 Sex work approach

According to Liberto and Ratajczak, the sex work approach views prostitution as a legitimate
occupation and prostitutes should be referred to as “sex workers” that need state protection
and work rights as any other job. A variety of feminist views see prostitution as service work,
as e.g., working in any other service occupation. They see prostitution as a practical
economic seeking opportunity for women if exercised under safe conditions and is not forced.
This means that women should have autonomous control of their bodies, and those in favor of
the sex work position claim that women have full control of their own choices if they want to
engage in prostitution. Therefore, they should also be seen as any other laborer. Although,
advocates for the position acknowledge the constraints and lack of real options that women
face. 96
93
Kingston, Sarah & Thomas, Terry (2018) “No model in practice: a ‘Nordic Model’ to respond to
prostitution?” Crime, Law, and Social Change vol 71, p.434-435
94
Ibid., p.423-424
95
Outshoorn, Joyce (2012) “Policy Change in Prostitution in the Netherlands: from Legalization to Strict
Control” Sex Res Soc Policy vol 9, p.236
96
1, p.121
25
5.4.2 Legalization and decriminalization
According to Mathieson, Branam and Noble legalization and decriminalization are quite
similar. The foundation of the approach lies behind the reasoning of prostitution being a
personal choice, women’s empowerment, and a business agreement between two consenting
adults with equal power. The authors argue that local ordinances can restrict prostitution, but
nationally the approach removes legal barriers to the growth of the legal commercial sex
industry. Legalization means regulation of prostitution through labor laws, like other
occupations. The government actively regulates prostitution and after legalizing it,
governments can also promote the sex industry. 97 Decriminalization refers to eliminating
laws and penalties associated with the prostitution industry, for example in New Zealand and
Denmark. 98 Those who argue for viewing prostitution as any other form of labor, promote
legalization or decriminalization of the occupation and incorporate it into the labor market as
“sex work”, for example in the article by Liberto and Ratajczak. 99
5.4.3 Neoliberalism
Neoliberalism can support the arguments of legalization regarding prostitution. Mathieson,
Branam and Noble mean that neoliberalism, in contrast to neoconservatism, the ideology
seeks to bring all human actions into the domain of the market. Sex sells, and everything in
the human body, including sex is saleable in a market. 100 Neoliberalism promotes
individuality, and the best interests of the individual should be advanced by unfettered market
laws. The argument is that the “legalization of prostitution will serve the interests of women
in prostitution aligns easily with neoliberalism”. Neoliberalism argues that individuality
should be put above the society or state, which would enhance the argument for legalizing
and decriminalizing prostitution. Arguing that the choices an individual makes are to be freed
from the constraints of these institutions to make rational decisions and contracts in the
marketplace that will serve her or his best interests. For this approach, legalizing prostitution
97
98
Ibid., p.379
99
1, p.121
100
Mathieson, Ane, Branam, Easton & Noble, Anya (2016) “Prostitution Policy: Legalization,
Decriminalization and the Nordic Model”, Seattle Journal for Social Justice, Vol. 14 Iss. 2, Article 10, p.380-
381
26
could be argued for. One could argue that legalizing prostitution promotes woman’s right to
choose to work in the sex industry which will provide women access to benefits such as
social security and will protect women from violence. It will also normalize and remove the
social stigma of prostitution. 101 Advocates for legalization model acknowledge the
constraints and lack of real options that women face, meaning that prostitution could be the
last opportunity of income. 102
5.4.4 Approaching arguments against legalization

Nussbaum states arguments against prostitution in her article and confronts them to debunk
the arguments. The first argument claims that prostitution involves health risks and risks of
violence whereas the author claims that this can be solved through actual health check-ups on
prostitutes. The author means that we must see the general view of the legality of risky
undertakings we wish to defend, e.g., gambling, boxing. 103 The second arguments include
prostitutes does not have autonomy over their own body and activities controlled by others.
The answer to this argument is that we could compare it to other types of bodily services by
working-class people such as servants or factory workers. She means that prostitution is not
distinguished from other types of occupation of this kind. 104
The third argument is that prostitution involves the invasion of one’s intimate bodily space
whereas Nussbaum claps back and claims that it does not support the legal regulation of
prostitution so long as the invasion is consensual by parts of the business agreement. 105 The
next argument includes that prostitution makes it harder for people to have relationships of
intimacy and commitment but Nussbaum questions if this fact is true and which women this
argument means. She means that people do fall in love where prostitution is legal, and one
type of relationship does not have to exclude the other. 106 The fifth argument argues that the
prostitute turns her sexual organs into commodities and therefore alienates her sexuality on
101
Mathieson, Ane, Branam, Easton & Noble, Anya (2016) “Prostitution Policy: Legalization,
Decriminalization and the Nordic Model”, Seattle Journal for Social Justice, Vol. 14 Iss. 2, Article 10, p.381-
382
102
1, p.121
103
Nussbaum, C. Martha (1998) “Whether From Reason Or Prejudice”: Taking Money For Bodily Services,
The Journal of Legal Studies, Vol. 27, No.2, p.710-711
104
Ibid., p.712
105
Ibid., p.713
106
Ibid., p.713-714
27
the market. For this argument she questions if it is true and compares it to a singer who sings
for a fee and therefore asks if the singer alienate their voice. Nussbaum means that the
prostitute still has her sexuality. 107
The next argument involves prostitutes’ activity which is shaped by the male dominance of
women. Nussbaum meets the argument with what she has brought up earlier, this argument is
shaped by the idea that female sexuality is dangerous and shaped by male domination of
women. She states that prostitutes have not been treated with standard dignity as human
beings and that there is a lot of general female mistreatment and death. Nussbaum continues
to point out that we must use laws to protect women from domestic violence and marital rape,
give women equal property, custody rights, and, through that, exit options. 108 The final
argument includes that prostitution is a trade that people do not enter by choice. The author
states that, through this model, women’s choice is not a real choice if pushed and coerced, it
bargains people make within it should not be regarded as real bargains. But women do have
autonomy and there are not enough options for women in society. 109
6. Result and analysis

During this section, the focus lies on analyzing the different models of legislation on
prostitution through the binoculars of Martha Nussbaum’s capabilities approach and using
reason and critical thinking. The models are analyzed in the same order as in the previous
chapter. Firstly, I will analyze criminalization, secondly, the Nordic model, and lastly,
legalization/decriminalization. Even though there are ten components of the capabilities
approach, some capabilities are more relevant than others. The focus lies on the following
capabilities: bodily health, bodily integrity, senses, imagination, and thought, emotions,
practical reason, and affiliation. These capabilities are interesting since the option of
legislation on prostitution can affect the lives of people in society and therefore can argue for
different models of legislation.
6.1 Criminalization and capabilities approach

One can argue that following the capability of bodily health the model of criminalization
would be most beneficial for legislation on prostitution. The model of criminalization claims
107
Nussbaum, C. Martha (1998) “Whether From Reason Or Prejudice”: Taking Money For Bodily Services,
The Journal of Legal Studies, Vol. 27, No.2, p.714
108
Ibid., p.718-719
109
Ibid., p.720-721
28
that prostitution is a health risk for individuals exploited for it, a higher risk of violence, and
getting sexually transmitted diseases, which means that criminalizing prostitution (and
therefore minimizing it) would increase bodily health. Although, as stated above, the
penalization most often falls on the ones selling, which can be argued not in line with the
capability of bodily health. If a prostitute is punished for selling sex and is a victim according
to the criminalization model, the person would suffer more, not less. On the other hand,
prostitutes would not receive support from health and society by being seen as criminals.
Prostitutes would be prosecuted and end up in jail for their criminal actions and might
encounter issues with the law, which could lead to increased violence and a lifestyle filled
with criminality.
Criminalization argues that prostitution is a victimless crime and only performed by two
deviant people can be connected to de capability of bodily integrity. The persons not involved
in the victimless crime might not be able to move freely and be secured against this type of
“assault”. On the other hand, criminalizing prostitution is not protecting bodily integrity
because people are not able to freely choose what they desire to do with their bodies but are
restricted by the criminalization of such acts, e.g., prostitution. Although, the argument of
prostitution being demeaning to women, oppressive, and founded in male hegemony can be
argued through the capability of bodily integrity. An individual who is oppressed and the fact
that it originates in gender inequality cannot move freely from place to place and have one’s
bodily boundaries treated as sovereign. In this idea, the person who is a prostitute is always
forced to engage his or her body in activities he or she did not actively consent to. Domestic
violence is also included in this capability whereas it directly argues for the criminalization of
prostitution in this model since it would then protect the individuals forced to perform it. If
one is forced to have intercourse with another human, one can neither have a choice in the
matter of reproduction and therefore bodily integrity can once again be argued as or
criminalization of prostitution.
In addition, senses, imagination, and thought can be used to argue for the criminalization of
prostitution since Nussbaum writes that the capability includes being able to have pleasurable
experiences, which one who is forced to prostitute oneself could not have during this time.
Nussbaum also writes that the person should be able to avoid unnecessary pain. In the model
of criminalization, the prostitute is forced and under violence and abuse which increases the
risk of unnecessary pain caused by other humans. Therefore, criminalizing prostitution, and
29
ending it, could be argued for in this sense. On the other hand, if one were to be having a
good time while prostituting oneself, or purchasing prostitution sex, criminalizing the act
would decrease this type of enjoyment. In addition, if people who are participating in
prostitution were to be caught by law enforcement, the risk of them being exposed to
unnecessary pain, violence, and abuse would increase. On the other hand, if the model would
be that people participating in prostitution are immoral and that there is no victim, being
caught by law enforcement might be accepted for protecting the capability of those not
participating in prostitution.
For the capabilities approach, one could argue through the capability of emotions that
prostitution should be criminalized. In this model, someone exposed to prostitution is having
their emotional development blighted by overwhelming fear and anxiety, by traumatic events
of abuse considering that the prostitution is forced and violent. On the other hand, completely
criminalizing prostitution would be an add-on to a traumatic experience for prostitutes to be
prosecuted and punished. A person would not be able to engage in critical reflection of the
planning of their own lives, therefore the capability of practical reason would not be in line
with criminalizing prostitution. In addition, one could argue that the capability of affiliation
could be argued against criminalization. Concerning affiliation, if prostitution is criminalized,
a person is not treated with dignity with worth since they are not able to choose for
themselves what kind of occupation might fit them.
Criminalization can be argued for in a variety of capabilities, although all of them have
heavily weighted argumentation as counterarguments. Most often the arguments in line with
criminalization would be better protection for the prostitute if the Nordic model replaced
criminalization and therefore protecting the person being a prostitute rather than punishing
them. Although the criminalization model argues that prostitutes lack higher value morals,
and prostitution is a deviant act composed of a victimless crime. For this argument, one can
argue that both parts of the crime should be punished, although there is no support from the
capabilities approach to enhance this argument. The argument for decreasing prostitution is in
line with a variety of capabilities from Nussbaum’s capabilities approach, but for the
research, problem criminalization is not fully supported by the capabilities approach since it
does not protect those who, in most arguments, are seen as victims of prostitution.
30
6.2 The Nordic model and capabilities approach
The Nordic model seeks to end supply by eliminating demand, it would therefore protect
people exploited in prostitution and care for the prostitute’s bodily health since the prostitute
is seen to be exposed to harm as a victim of prostitution. The prostitute would then no longer
be exposed to, for example, sexually transmitted diseases to the same extent. On the other
hand, one could argue that ending prostitution would limit a person’s income source and
therefore would not be adequately nourished and have adequate shelter, which is included in
the capability of bodily health. The Nordic model supports since prostitutes are seen as
victims in this model that need to be protected by the violence of the buyers which supports
bodily health. The Nordic model means to decrease sex trafficking which could be argued to
be closely entailed with bodily integrity due to the abuse sex trafficking victims are exposed
to. The Nordic model seeks to protect the victim, the prostitute, from being exposed to the
violence and abuse that comes with prostitution. The Nordic model would not punish the
victim to a further extent and increase violence and abuse by ending up in jail and continuing
a criminalized lifestyle. Although, the Nordic model seeks to decrease prostitution and claim
all prostitutes as victims while not considering the thoughts of the prostitute who might not
be victims at all.
The capability of senses, imagination and thought are about doing this in a truly human way
and avoiding unnecessary pain which the Nordic model would protect since prostitution is
considered forced and not a free choice. Therefore, a person selling prostitution sex is
protected from being exploited in prostitution, since they are a victim, and be exposed to
harm and trauma connected to prostitution. Although, if one would argue for prostitution not
being forced, the argument would collapse, the Nordic model argues that all prostitution sex
is forced in some form. For the capability of practical reason, could be argued in favor of the
Nordic model due to the reasoning that people exploited for prostitution are forced and do not
choose the path themselves. Therefore, ending prostitution without punishing the victim
would increase critical thinking in planning one’s life. Although, if someone’s free choice is
to engage in prostitution, the Nordic model would be an obstacle to this. Prostitution only
exists because of demand according to the Nordic model; therefore, all the capabilities
including a free choice of life, how to lead your life, or how to enjoy your time could be
argued to be in favor of this model. For example, emotions, since the Nordic model argues
that prostitution is forced, prostitutes are experiencing anxiety, fear, and traumatic
31
experiences which would hinder emotions to run freely and that capability should therefore
be argued for in terms of the Nordic model.
Since the Nordic model seeks to increase gender equality one can argue that the capability
of affiliation goes in line with the model. Especially having self-respect and being treated as a
dignified being whose worth is equal to that of others. The Nordic model seeks to minimize
discrimination against women by men’s violence against women and therefore affiliation is a
capability to be argued for. On the other hand, to see prostitution as forced can be
discriminatory, and unequal, and ignore the worth and dignity of people who might choose
the lifestyle themselves. The Nordic model does not consider this since the model is based on
prostitution being forced and therefore must be argued for in those instances, although it
could be argued as close-minded to not consider prostitution as slightly a free choice for
those engaged in it.
The Nordic model can be supported by a variety of capabilities from Nussbaum’s capabilities
approach. For ending prostitution, if that is the aim, the Nordic model could be argued as a
good model of legislation on prostitution. Although, if one is not aiming for decreasing
prostitution, the Nordic model is not the model to argue for. The model, and all arguments,
are based on that prostitution is forced and therefore should decrease to protect the health of
those selling prostitution sex. Therefore, should those purchasing prostitution sex be
punished, and not those selling? Although, if one would consider that all prostitution sex
might not be forced, the arguments collapse and would not be supported by Nussbaum’s
capabilities approach. On the other hand, if one were to stand by the model as universal, all
prostitution is forced, the Nordic model is heavily supported by the capabilities approach.
6.3 Legalization and capabilities approach

Regarding legalization and the capabilities approach, the focus lies on women’s (or
prostitutes') free choice and free will. This could be connected to, and argued for, in a variety
of capabilities. The capability of bodily health could be seen in favor of legalizing
prostitution because if those involved in the sex industry or prostitution would not have that
opportunity of an income, they might not be able to support themselves. If one does not have
an income, then one could argue that those individuals would not be able to be adequately
nourished or have adequate shelter. On the other hand, those things could be given to the
32
individual through another solution and not through prostitution. The legalization model does
not consider that prostitution could be forced one way or another. If a person has no other
option for an income, is prostitution forced or is it a free choice? While considering that
prostitution could be forced, the legalized model does not support bodily health. Although
prostitution is considered a free choice out of free will the bodily health capability supports
the legalization model of prostitution.
A capability closely connected to the legalization model is bodily integrity, since it concerns
being able to move freely from place to place and having one’s bodily boundaries treated as
sovereign. Legalization means that all people of prostitution should be able to make their own
choice over their bodies regarding if they want to work in the sex industry or not. If
prostitution is not legalized, people are not being allowed to make this choice and therefore
one could argue that bodily integrity is in favor of legalizing prostitution. On the other hand,
prostitution could be connected to rape, abuse, and violence which means that one’s bodily
boundaries are not treated as sovereign. If one were to, as the argument in Nussbaum’s
article, do health check-ups on prostitutes, it would not prevent the violence and abuse, it
would prevent STDs from spreading. One could argue that senses, imagination, and
thought is a capability in favor of legalizing prostitution because it is all about letting people
express themselves how they like and be able to search for the meaning of life in their way.
By reducing the opportunity and restricting prostitution, one would not be acting in
accordance with this capability. Although, prostitution could increase the risk of unnecessary
pain, which a person should be protected from according to the capability. The model of
legalization does not consider this factor.
The capability emotions could be argued both for and against the legalization of prostitution.
If prostitution is legalized, one would not have their emotions overwhelmed by anxiety, fear,
and the traumatic events of ending up in jail. On the other hand, prostitution could increase
the risk of one ending up in traumatic situations with violence as well. Another capability that
could be argued in favor of legalizing prostitution is the practical reason since one can have
critical thinking and reflect on the planning of one’s life if one would have the opportunity to
work in prostitution. This argument has two aspects. A, if one does not have an income and
cannot work in prostitution then the opportunities of one’s life are limited, and B, if one
would like to plan their lives through working in prostitution the opportunity is
there. Affiliation, especially part B, could be seen in favor of legalizing prostitution since it
33
concerns non-discrimination and entails dignity as a human being. An individual who has
their choices of occupation criminalized or sectioned as “not their choice”, is not treating a
human with dignity and non-discrimination. Just because someone else might think
prostitution is not a job for them, someone else might not agree. On the other hand, if the
prostitution aspect is somewhat forced or not completely a free choice of someone’s desires,
the argument falls apart and could be argued against legalizing prostitution.
The legalization model has support from the capabilities approach, especially bodily
integrity, which Martha Nussbaum discusses in her article on selling bodily services. The
question regards whether prostitution be seen as any other occupation or if it is too harmful to
the person engaged in selling prostitution sex. According to the ideology of free choice and
free will, the capabilities are supporting the legalization of prostitution, if all engaging in
selling prostitution sex are out of free will. Although, one cannot deny that there are cases of
forced prostitution and as stated earlier those cases would increase through legalizing
prostitution. Although is abolishing prostitution taking away people’s income and therefore
indirectly harmful?
7. Conclusion and discussion

Through critical thinking and reasoning, the arguments of the different models of legislation
were analyzed. Through reading previous work from Martha Nussbaum, I felt confident in
assuming that her theory would support the legalization model compared to the Nordic model
and criminalization. Although, through analyzing the different models of legislation through
the capabilities approach, the result was not as anticipated. During the analysis, the three
different models of legislation were analyzed through Martha Nussbaum’s capabilities
approach: Criminalization, the Nordic model, and legalization. Although all three models of
legislation can be argued for through Martha Nussbaum’s capabilities approach,
criminalization has the least support from the theoretical framework. The difficulty in
claiming a model as the most supported by the capabilities approach can be seen in the
analysis, prostitution involves a complex discussion.
Every model of legislation has solid arguments, and the discussion is complex in terms of not
receiving a crystal-clear answer to the research problem. The conclusion comes down to
differences in ideologies and what kind of model or way of thinking one would believe in. Is
34
prostitution forced or is it a free choice? It comes down to the idea of whether prostitution is
harmful to the people engaging in the activity, which one cannot know without asking them
first. Although, one could argue that harming those engaged in the activity more, by
criminalizing them, is not the solution. Perhaps completely legalizing prostitution is not the
solution either since people are hurting from it, therefore the answer could be found in
between those two models. Although reasonably one could argue that prostitution might be
something in-between completely forced and completely free choice. Through critical
thinking and reasoning, one could argue that the harm of forced prostitution is supported by
the capabilities approach and could be argued to weigh heavier than the support of free
choice and prostitution. Therefore, one could argue that the Nordic model would be the most
supported model of legislation through the capabilities approach since it protects the
prostitute and aims for decreasing prostitution.
An overall understanding of the issue entails, what I could find, a majority of articles and
sources for the Nordic model and legalization rather than criminalization. Criminalization
seems like a conservative view of prostitution whereas the Nordic model or legalization is
more up to date. Although, some stick with the conservative view. The result of this essay
covers some ground on prostitution, but there is an overall understanding of why the issue is
as debated as it is since it comes down to mere issues that need to be investigated to be able
to form a clear result. Since there is a different understanding of the reality of a prostitute,
there are a variety of arguments that follows regarding that understanding of reality.
An aspect to discuss that concerns internal validity is biases. For the different models of
legislation, biases are needed for argumentation and must be kept in mind. In addition, I must
consider the possibility of myself being biased as well. Would the fact of growing up in
Sweden, which uses the Nordic model as a model for legislation, be a reason for it to be
favored? At first, before digging deep into the discussion regarding prostitution, I thought of
writing from a perspective of arguing in favor of the Nordic model. Although, through
stumbling across arguments and thoughts on the reason for other models of legislation, there
was a realization of grey areas. In terms of external validity, one could exemplify if the
Nordic model could be used for other crimes. For example, imagine if drug trafficking were
to only penalize those purchasing the drugs and not those selling as the Nordic model entails.
Although, this would be different since the purchaser is, most often, in a position of
addiction. Not to lessen those with sex addiction. Another aspect that differentiates is that
35
through drug trafficking, the drug is the merchandise whereas in prostitution a human’s body
is the product. As stated earlier, humans entail dignity and self-worth which other material
possessions, e.g., drugs, do not.
8. Further research
An element that would be interesting to discuss further is the choice of language, or
vocabulary, used in this essay. Choosing whether to solely use “prostitution” or add “sex
work” is difficult since the desire is to minimize confusion for the reader. Therefore, the
choice of solely using prostitution as a term for the performance of sexual services.
Considering sex work, on the other hand, a variety of articles in favor of legalizing
prostitution use the term “sex work” instead of prostitution. There is an uncertainty if the
authors of the articles refer to a collection of terms for different sexual and/or erotic services,
e.g., brothels, prostitution sex, call girl, stripper, escort, etc. Or if the authors using the term
“sex work” are pointing at similar aspects as the term “prostitution”, used in this essay,
selling your body in sexual services for money or goods. It would be interesting to examine
whether “prostitution” is an ancient, decayed term and should be replaced by the modern
term “sex work”, or if sex work and prostitution are referring to identical topics.
Further research on this topic could include sex trafficking or the relationship between
models of legislation and sex trafficking, or other criminal activity. Even though causal
studies might end up misleading, they would be interesting to research. For example, asking
questions of if what type of legislation has an impact on increasing or decreasing other
criminal activities, such as sex trafficking. Further research could include, as mentioned
earlier, studying the language discourse of prostitution vs. sex work, what does it entail and
what are the intentions of using prostitution vs. sex work? One could examine the migration
aspect of prostitution, whereas how large of a percentage of prostitutes in a country are
migrants and if that is a vulnerable position being exploited. A lot of the studies have been
made in the West; therefore, further research could entail case studies outside of the West. It
would be interesting to examine prostitution in countries where religion has a more important
role, not solely in secular countries, e.g., Sweden. One could also create a study questioning
the ones that are in the situation, and not just theories regarding it from people who might not
have any experience with it. Perhaps all three models are incomplete and further research
could be opened to finding other solutions.
36
9. Bibliography
Internet sources
Amnesty International “Resolution on State Obligations to Respect Protect and Fulfil the
Human Rights of Sex Workers” (2016), URL= < https://www.amnesty.org/en/wp-
content/uploads/2021/05/POL3040622016ENGLISH.pdf>, accessed March 4 2022
Britannica, Jon Philip Jenkins, ”prostitution”, URL =

<https://www.britannica.com/topic/prostitution>, accessed March 28 2022
Demand Abolition “Why Prostitution Shouldn’t Be Legal” URL=

<https://www.demandabolition.org/research/evidence-against-legalizing-prostitution/>,
accessed March 4, 2022
European Union. Home page. URL = <https://european-union.europa.eu/index_en>, accessed

April 21, 2022
Government of the Netherlands, URL= <https://www.government.nl/topics/prostitution>,

accessed April 14, 2022
Jämställdhetsmyndigheten ”Prostitution och människohandel” (2021, upd. 2022) URL=

<https://jamstalldhetsmyndigheten.se/mans-vald-mot-kvinnor/prostitution-och-
manniskohandel/>, accessed April 14, 2022
Nordic Model Now, Home page. URL= <https://nordicmodelnow.org>, accessed March 7,

2022
Literature
Cap International February 2016, Author: Grégoire Théry, Prostitution under International
Human Rights Law: An Analysis of State’s Obligations and the Best Ways to Implement
Them
Edlund, Lena & Korn, Evelyn (2002) “A Theory of Prostitution” Journal of Political
Economy vol. 110 No. 1 p.181-214
37
Hope Ditmore, Melissa (2011) Prostitution and Sex work, Santa Barbara: Greenwood Press
Kingston, Sarah & Thomas, Terry (2018) “No model in practice: a “Nordic Model” to
respond to prostitution?” Crime, Law and Social Change, vol 71 (423-439)
Liberto, S.Q. Ana & Ratajczak, Kathleen (2017) The Feminist Debate on Prostitution and
Trafficking: Reflections For a Unified and Theory-Driven Approach, International Review of
Modern Sociology, vol 43 no 1
Mathieson Ane, Branam, Easton & Noble, Anya (2016) “Prostitution Policy: Legalization,
Decriminalization and the Nordic Model”, Seattle Journal for Social Justice, Vol. 14 Iss. 2,
Article 10, p.367-428
Nussbaum, C. Martha (1998) “Whether From Reason Or Prejudice: Taking Money For
Bodily Services”, The Journal of Legal Studies, Vol. 27, No.2, pp. 693-723
Nussbaum, C. Martha (2000) Women and Human Development, Cambridge: Cambridge

University Press
Outshoorn, Joyce 2012, Assessing the impact of women’s movements, Women’s Studies
International Forum 35 (p.p.147-149) p.147
Raymond, Janice G. (2004) “Ten Reasons for Not Legalizing Prostitution and a Legal
Response to the Demand for Prostitution” Journal of Trauma Practice vol. 2 No. 3-4 p.315-
332
Reanda, Laura (1991) Prostitution as a Human Rights Question: Problems and prospects of
United Nations Action, Human Rights Quarterly, Vol.13 p.202-228
Thomson, Anne (1996) Critical Reasoning in Ethics, London: Routledge
Vaughn, Lewis (2006) Writing Philosophy. New York: Oxford University Press
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Vuolajärvi, Niina (2018) “Governing in the Name of Caring—the Nordic Model of
Prostitution and its Punitive Consequences for Migrants Who Sell Sex”, Sexuality Research
and Social Policy vol. 16, p.151-165
Weitzer, Ronald (2007) “Prostitution: facts and fictions” American Sociological Association
Vol. 6 No. 4 p 28-33
Weston, Anthony (2017) A Rulebook for Arguments, 5th ed. Cambridge; Hackett Publishing
Company
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Prostitution and human rights

A philosophical study regarding legislation on prostitution and the

Key words: Prostitution, legalization, criminalization, the Nordic model, capabilities

Word count: 13 723

The Swedish Equality Authority (Jämställdhetsmyndigheten) defines prostitution as when a

1.1 Purpose and aim

1.2 Theory and method

1.4 Relevance to human rights

3.1 Report by CAP

3.2 Previous case studies

3.3 Martha Nussbaum on bodily services

4. Method and material

5.1 Theory of Rights: the Capabilities Approach

5.1.1 Nussbaum on the list of capabilities

5.1.3 Comparison of life quality

5.2 Model of legislation: Criminalization

5.2.1 Criminalization regime

5.2.3 Arguments for criminalization

5.3 Model of legislation: The Nordic Model

5.3.1 Ending demand for prostitution

5.3.2 The Nordic model and social democrats

5.3.3 Critique of the Nordic Model

5.4 Model of legislation: Legalization

5.4.1 Sex work approach

5.4.4 Approaching arguments against legalization

6. Result and analysis

6.1 Criminalization and capabilities approach

6.3 Legalization and capabilities approach

7. Conclusion and discussion

Britannica, Jon Philip Jenkins, ”prostitution”, URL =

Demand Abolition “Why Prostitution Shouldn’t Be Legal” URL=

European Union. Home page. URL = <https://european-union.europa.eu/index_en>, accessed

Government of the Netherlands, URL= <https://www.government.nl/topics/prostitution>,

Jämställdhetsmyndigheten ”Prostitution och människohandel” (2021, upd. 2022) URL=

Nordic Model Now, Home page. URL= <https://nordicmodelnow.org>, accessed March 7,

Nussbaum, C. Martha (2000) Women and Human Development, Cambridge: Cambridge

Thomson, Anne (1996) Critical Reasoning in Ethics, London: Routledge

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