But what law! Prostitution is not sex work

Some lobbies and activists promote the normalization of prostitution, trying to sustain the idea that it is “a job like any other.” However, this perspective is deeply flawed for several reasons.

Firstly, a law that ‘legalizes’ prostitution would contradict the fundamental principles upon which all laws and regulations are based, which is to guarantee justice, security, and the protection of human dignity. Prostitution, in fact, is intrinsically tied to dynamics of exploitation and inequality, which cannot be ignored or normalized through a legal framework.

Secondly, the very concept of “sex work” is senseless and misleading: not all activities performed by human beings have the same dignity and value. Prostitution involves the sale of profoundly intimate acts, linked to the most private and personal sphere of an individual, and cannot be equated to other forms of work. Reducing sexuality to a commodity for exchange means denying its relational nature and turning it into an object of commerce, compromising the dignity of the person involved.

The only similarity to work is that it can be compared to exploitation, even when voluntarily carried out by women, as it is the man who takes advantage of a woman’s economic, social, or personal vulnerability.

Even in cases where women freely and consciously decide to sell sexual acts, their choice cannot be favored or encouraged by legalization, as the fundamental right not to sell oneself and to avoid commodifying sexual acts prevails. Moreover, there is an overriding need to protect adult and minor women who live in situations of economic or social difficulty and who, in the presence of legalization, might be drawn into prostitution and diverted from more dignified educational and life paths.

Just as it is not lawful to donate an eye or a liver while alive, it cannot be admissible to consider prostitution as a job or a regulated and remunerative activity. This would, in fact, facilitate the entry into prostitution of at-risk social groups, such as impoverished individuals or those with social or personal problems.

Legalization would also make it impossible to carry out investigations in closed places where prostitution takes place due to the extreme intimacy necessary to perform such acts. Privacy and labor laws would prevent proper controls, inspections, or investigations, thus hindering the fight against human trafficking and sexual exploitation, which involves the majority of prostituted women in the world.

The use of the term “sex work” must therefore be rejected. It would be more accurate to use the term “prostituted persons.”

Laws are tools through which the State ensures order, safety, fairness, and progress in society, safeguarding the fundamental rights of each individual and regulating relations between citizens. However, a law that legalizes and normalizes prostitution stands in direct contrast to these objectives and fails to fulfill the essential tasks of legislation for the following reasons:

Ensuring order and safety
Laws prevent conflicts, ensure citizens’ safety, and create a legal framework that protects individuals from harmful behavior. However, legalizing prostitution does not protect the women involved but primarily benefits those who purchase sexual services. Once regulated, it is inevitable that the market will expand into more organized forms such as brothels, sexual showcases, and other systems which, although legal, contribute to reinforcing the exploitation and marginalization of women. In fact, legalized prostitution does not eliminate the illegal or criminal networks connected to it but facilitates and makes them harder to monitor, threatening social order.

Protecting the rights and dignity of individuals
Laws exist to protect fundamental rights such as life, liberty, equality, and dignity. Prostitution is inherently incompatible with these principles because it is based on an unbalanced power relationship, where the woman is treated as a “commodity” to be purchased, violating her dignity and autonomy. Legalizing this practice means that the State, through taxation, profits from the sale of sexual acts, reinforcing injustice and gender disparity: over 95% of clients are men, while women continue to occupy the position of the exploited and subordinate party.

Promoting equity and social justice
Laws must ensure justice in personal and economic relationships and reduce social inequalities. However, prostitution is, by its nature, an unjust system that exploits women’s economic, social, and personal vulnerabilities, turning their condition into an opportunity for others’ profit. A law that legalizes this practice, instead of promoting equity, legitimizes an oppressive system that perpetuates female subordination and gender discrimination.

Punishing and correcting unlawful behavior
Laws are meant to discourage and sanction actions that violate the fundamental norms of civil coexistence. Prostitution, often presented as a personal choice, is in reality fueled by poverty, violence, and human trafficking. Legalizing it means ignoring the root of the problem and failing to punish behaviors that exploit the vulnerability of those who prostitute themselves. Instead of combating trafficking and the oppression of women, the State ends up facilitating the phenomenon.

Regulating relations between citizens and ensuring economic justice
Laws regulate relationships between private individuals to ensure fairness and transparency. However, in prostitution, this fairness is entirely absent: the economic relationship between client and prostitute is marked by a profound power imbalance. Legalizing the “contract” of prostitution does not eliminate the injustice inherent in purchasing someone’s body but normalizes it, turning a serious violation of rights into a “legally acceptable” act.

Organizing the functioning of the State
The role of laws is to regulate public institutions and the relationship between citizens and authorities, promoting legality and justice. A law that favors prostitution places the State in an ethically ambiguous position: on the one hand, it claims to protect women’s rights, while on the other, it profits fiscally from a practice that harms them and places them in a condition of social and economic inferiority. This contradiction undermines the State’s credibility as a guarantor of justice and human rights.

Promoting social development and progress
Laws serve to encourage societal progress, protect the most vulnerable, and promote policies of equality and sustainability. Legalizing prostitution does not represent progress but a social regression, as it perpetuates oppressive and exploitative cultural models, blocking any attempt to emancipate the women involved. A truly progressive society should instead invest in measures of prevention, education, economic support, and social reintegration for women, eliminating the causes that push them into prostitution.

We can conclude with some suggestions.
We should never use the term “sex work” or other softened forms such as escorts, sex workers, sexual operators, or sexual assistants.
It is not a job but a form of submission and exploitation of women in various forms and degrees.
If any regulations are to be introduced, they must aim to reduce demand by sanctioning clients who purchase sexual services and those who facilitate, exploit, or promote prostitution.
Prostitution must be abolished, and those involved must be helped to exit it by providing alternative opportunities that are less degrading and less risky for the vulnerable groups in society.

Paolo Botti

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