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Disrupt Demand Comparative Report: Disrupt Demand Working for equality Comparative Report: Disrupt Demand Co-funded by the Internal Security Fund of the European Union Working for equality Acknowledgements Content Section 1: Introduction 04 1.1 European Directives and International Instruments Addressing Demand 05 1.2 ‘Disrupt Demand’ 06 The Immigrant Council of Ireland and project Mouvement du Nid is a grassroots organisation partners would like to thank the European and a social movement in France that acts 1.3 Consultation Process 07 Commission for its financial support of Disrupt in support of prostituted persons and is in 1.4 The National Reports 07 Demand. We would also like to extend our opposition to the prostitution system that 1.5 The Comparative Report 07 gratitude to the different state agencies, civil exploits their precarious conditions and society organisations and academics that vulnerability. Mouvement du Nid concentrates on provided their time, advice and insight. Particular the causes and consequences of prostitution. Section 2: Background Context to Trafficking for Sexual thanks go to the survivors who shared their Exploitation, Prostitution and Demand 08 experiences and gave invaluable input. The Institute for Feminism and Human Rights is an Immigrant Council of Ireland and partners international not-for-profit policy and research would like to especially thank Denise Charlton institute based in Sweden with members in a number 2.1 Trafficking in Human Beings 09 and Dr Monica O’Connor who were the project of countries in Europe and internationally. The 2.2 Gender, Migration, Trafficking and Prostitution 10 researchers and gave invaluable guidance. Institute for Feminism and Human Rights works to 2.3 Gender Equality and Violence Against Women 11 prevent and eliminate the socio-economic, legal 2.4 Understanding Demand 11 and political discrimination of women and girls About the Author through the use of feminist strategies and research methods, and the application of international, Section 3: Comparative Analysis of Demand Dr Monica O’Connor is an independent researcher regional and national human rights instruments. in the Six Member States 14 and policy analyst. She is the author and co-author of numerous publications on violence against Klaipeda Social and Psychological Services Center women including ‘Globalisation, Sex Trafficking and is a Lithuanian based non-governmental and non- 3.1 Gender Equality and Violence Against Women 15 Prostitution: The Experiences of Migrant Women in profit organisation. Its main goal is to provide 3.2 The Profile of Trafficked Women and Women in Prostitution 16 Ireland’ (Kelleher Associates, O’Connor & Pillinger, psychosocial help for victims of violence (physical, 3.3 Demand: The Buyers of Sex 18 2009), which was commissioned by the Immigrant psychological, sexual, economical and institutional), Council of Ireland. In 2010 she received a three- including trafficking in human beings and sexual 3.4 National Legislation Addressing Demand 20 year Government of Ireland Scholarship from exploitation for the purposes of prostitution. 3.4.1 Criminalising the Purchase Of Sexual Acts from a Trafficked Person 20 the Irish Research Council to undertake doctoral 3.4.2 Criminalising the Purchase of Sex from any Person 21 research examining the issues of choice, consent, Mediterranean Institute for Gender Studies is a agency and harm in the lives of prostituted and Cyprus-based non-governmental organisation 3.4.3 Criminalising Prostitution 24 trafficked women in Ireland. She is currently primarily focused on gender equality and a senior researcher in the Sexual Exploitation women’s rights. The Mediterranean Institute for Section 4: Conclusions and Recommendations 28 Research Project (SERP) at the School of Social Gender Studies works to eliminate all forms of Policy, Social Work and Social Justice, University discrimination against women through a combination College Dublin and is a Research Fellow at the WiSE of research, lobbying and advocacy, education 4.1 Conclusions 29 Research Centre at Glasgow Caledonian University. and training, awareness-raising, as well as the 4.2 Recommendations 30 provision of expertise and consultancy services. The organisation has been working on demand Project Partners reduction and prevention strategies in Cyprus, References 34 ultimately aiming at substantive legal changes. Immigrant Council of Ireland is the lead partner in the Disrupt Demand project and is a human EXIT (Exit – pois prostituutiosta ry) is a Finnish Appendices 38 rights organisation and law centre. It supports non-governmental organisation working to and advocates for the rights of immigrants diminish prostitution and sexual maltreatment Appendix 1: The reporting template for the production of national reports 39 and their families and acts as a catalyst for by focusing on preventive and advocacy work Appendix 2: Research, government data and reports cited in the national reports 41 public debate, legal and policy change. The and participating in public debate. Youth Exit Immigrant Council of Ireland is also a leading (Nuorten Exit) works on the domain of primary Cyprus 41 anti-trafficking organisation with expertise in and secondary prevention of sexual maltreatment Finland 44 policy and legislative change in this area. It and paid sex with a focus on adolescents and France 46 has considerable experience with leading EU young adults. The Exit Prostitution Association also Ireland 48 projects in the area of human trafficking and has works with substance abusers aged 18 to 25 years, produced high quality research and submissions, providing counselling regarding sexual violence, Lithuania 50 including on the issue of demand reduction. different forms of maltreatment and prostitution. Sweden 52 This section provides the background to the ‘Disrupt Demand’ project, which was a ‘study examining campaign strategies in EU Member States to introduce legislative measures to discourage demand for sex 1 trafficking’. The project is funded by the Internal Security Fund of the European Union (HOME/2015/ISFP/AG/THBX). Introduction 1.1. European Directives and international instruments addressing demand Directive 2011/36/EU (replacing Council This directive reflects and re-enforces international Framework Decision 2002/629/JHA)1 is the most instruments and conventions which specifically recent indication of the commitment of the address demand. In 1949, the UN adopted the European Union to addressing the demand Convention for the Suppression of the Traffic in for human trafficking. Article 18 states: Persons and of the Exploitation of the Prostitution of Others.2 The Convention is one of the few Member States shall take appropriate measures, international human rights instruments which sets such as education and training, to discourage forth the principle that prostitution and trafficking and reduce the demand that fosters all forms of are ‘incompatible with the dignity and worth of exploitation related to trafficking in human beings. the human person’. Women in prostitution are not to be considered as criminals but as victims Part 4 specifically addresses the use of who the state has a responsibility to protect. The the services of victims of trafficking: Convention advocates punishment for those ‘who procure, entice or lead’ others into prostitution. In order to make the preventing and combating Article 6 of The United Nations Convention on of trafficking in human beings more effective the Elimination of all Forms of Discrimination by discouraging demand, Member States shall against Women (CEDAW) (1979) also stipulates: consider taking measures to establish as a criminal offence the use of services which are States parties shall take all appropriate the objects of exploitation as referred to in measures, including legislation, to Article 2, with the knowledge that the person is suppress all forms of traffic in women and a victim of an offence referred to in Article 2. exploitation of prostitution of women. 1. Directive 2011/36/EU of the European Parliament and of the 2. Convention for the Suppression of the Traffic in Persons and of Council of the European Union on preventing and combating the Exploitation of the Prostitution of Others. Approved by General trafficking in human beings and protecting its victims, and replacing Assembly resolution 317 (IV), 1949. URL: https://ec.europa.eu/ Council Framework Decision 2002/629/JHA, 2011 O. J. L 101 of anti-trafficking/legislation-and-case-law-international-legislation- 15.4.2011. URL: http://eur-lex.europa.eu/LexUriServ/LexUriServ. united-nations/convention-suppression-traffic_en do?uri=OJ:L:2011:101:0001:0011:EN:PDF Comparative Report: Disrupt Demand 5 Over the past two decades international concern urges states to consider taking measures to regarding the rise in trafficking of human beings has criminalise the use of services which are the resulted in international instruments, conventions object of exploitation, with the knowledge that 1.3 Consultation process and directives. In 2000, the UN Assembly adopted the the person is a victim of trafficking (Article 19). Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,3 which These international instruments and the European A consultation process was conducted in Dublin on the legislative and policy context addressing provided a definition and framework forming the Directive urging Member States to take action to in the initial phase of the project with the leading demand
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