Rights and Responsibility in the Sex Industry A 20-Year Study on Decriminalization and Legalization in Sweden and the Netherlands

It is extraordinarily well-documented that death, physical assault, rape, and psychological trauma are common to those working in the sex industry. This is true around the world, despite the varying laws of different countries. 20 years ago, two opposing policies were introduced in an attempt to end abuse and provide support to those in the industry: the Nordic Model of partial decriminalization, and legalization with regulation. Both models were created with the intention to decrease abuse of the vast number of primarily women and girls in the industry and increase their freedom and protection, as they are some of the most vulnerable and marginalized of society. However, these models approach the issue from conflicting views on the nature of the industry itself and use criminal justice approaches without connecting rights, resulting in unreliable means of protecting the rights of those in the sex industry. This paper utilizes a rights-based framework grounded in criminal race theory (CRT) and feminist rights-based literature in conversation with the reality of working within criminal justice systems to understand how fundamental understandings of the sex industry influence policy making, what the presence or absence of government involvement does to the protection and freedom of sex workers, and what kind of government involvement helps or hinders sex worker’s rights. This will be seen in a case comparison of how both policies have succeeded and failed to provide basic human rights to those in the sex industry in the Nordic Model of partial decriminalization in Stockholm, Sweden, and the legalization model of Amsterdam in the Netherlands.