The 2023 New Black Nationalist Draft Program for a Majority Black-Led Nation-State
Denmark Vesey's Notebook
Commentary: The Proposed CS-2: 'The Legalization of Sex Work
The Proposed CS-2: 'The Legalization of Sex Work / Prostitution' represents one position regarding the legal status of sex work in a new Black nation-state. Different proposals and amendments to CS-2 are most welcomed.
We encourage all submitters and contributors to craft proposals that assume a new government, constitution, and laws are being instituted rather than attempting to reform today's existing system.
As outlined in CS-2, we take the view that sex work cannot simply be abolished by a legal act as a practical matter. Whether sex work should be abolished, or if an individual should have the right to control their bodies as they see fit is a legitimate question.
In terms of the legalization of sex work, there are three basic approaches that have been adopted in most countries: 1) Abolishing prostitution as exemplified in the Swedish model which criminalizes the purchase—though not the sale—of sex. 2) Legalize and regulate sex work, and 3) Decriminalize sex work and leave it largely unregulated.
It is acknowledged that there are serious debates to be had on a legal/programmatic approach to sex work. These debates are not substitutes for the moral and ideological dimensions of the equation which will certainly continue to be debated among the Commons of the Vesey Republic and their elected assemblies.
Nor should the resolution of this issue be viewed as an either-or proposition. For example, where Black feminists, womanists, and others may be divided on the question, the Commons would likely take an intense interest in what law the proposed Women-Led Autonomous Province adopts on sex work. The law adopted by the WLAP would be legally binding in the WLAP, irrespective of the actions taken by the national Vesey Republic legislative body. In this instance, we could conceivably have two different legislative acts on sex work implemented.
April 24, 2022