The controversial about legalization sex worker in Thailand

Picture from Workpoint Volume 5, Number 2: November 2020| Article

We cannot deny that Thailand has international reputation as sex tourism destination especially for cities like Pattaya or Phuket. In 2012, prostitutes were believed by Chuvith Kamolvisit, former Thai politician, that created about 200 billion baht to Thai Economy or about 8.4% of the government budget in that year. 

Talking about sex workers in Thailand, you may found many contradict when it comes to deep details. Sex worker, in perspective of norms, is seen normally under men lens. For women lens, some women accept the sex workers as to reduce the rape rate. At the same time, most women see prostitute jobs as dishonored jobs. However, sex workers, either men or women, have never been legalized and get respect and acceptance as other jobs. Sex workers in Thailand has been in grey area for many decades. There are many attempts to legalized sex workers in Thailand leads by many groups of activist. Currently, the Democracy movement by Thai Youth also raises this issue in their parade. Nevertheless, there are two sides of opinions, agree and disagree, even among the participants of the movement. 

The proponents, some sex workers and liberal activists, claim that there are four reasons why Thailand should legalized sex workers through the lens of teleogical ethics; considering the advantage consequences of legalization. Legalization of prostitutes produces many positive externalities. Firstly,  if sex workers is legalized, they can claim for their social securities as same as other jobs. Nowadays, although their jobs required quarterly blood test from their employer, all sex workers cannot claim for any healthcare pension. Furthermore, in terms of healthcare, if it’s legalized and has regulation that the sex worker need schedually blood test, it can reduce transmitted sexual diseases. Secondly, since sex worker is illegal in Thailand, when sex workers are abused by their customers, they cannot report this to the police. If they do, they would also be arrested as a criminal. There is no law to protect them. As a result, customers who commit crimes with prostitutes receive no punishment in either way. Thirdly, although Thailand is seen to be a sex tourism destination in internatinal level, Thai government pretend to be blind for the sexual business. Therefore, it’s believed by the proponents that illegalization is a loophole for the Thai authorities to retain their power and benefit. According to an interview of two anonymous prostitutes, they have to pay bribes to police in their area after they get money from their customers, and their house needs to pay bribes to the police every month. If not paid, the police will come to arrest. Of course, the bribes do not go to the government but goes to the police and their mafia which could be an authorized politician who has power over police. Lastly, if sex workers become legal, huge tax revenue can becollected. 

In contrast, there are many the opponents of legalization of sex workers, including conservative activist, also some sex workers and Thai authorities. Their arguments are based on deontological, which is an intrinsic value, and also teleological ethics. There are four reasons why they opposed the legalization. Firstly, Since Thailand is a buddhist country, public sexual issues are not much accepted for conservative. They claim that sexual issues violate our preserved culture. And Buddhism in Thailand, Theravada School, concerns the importance of marriage through five precepts. According to the statement of the minister of tourism,  Kobkarn Wattanavrangkul, she said that “Tourists don’t come to Thailand for sex. They come here for our beautiful culture” and that “We want Thailand to be about quality tourism. We want the sex industry gone”. In addition, there is a groups of sex worker who does not want to be registrered and be stigmatized as a prostitutes since the social value had never seen this job as a dignify job; they worry about future when they left this job. They are fine with their tradeoff in current status. Secondly, many opponents assert that legalized prostitutes is treating humans as a commodity and destroying the dignity of humans. Moreover, thirdly, on the same argument as the proponents, they argue that legalize sex worker does not promote the healthy of woman, since the enforecement to use condom is not work in reality, they could use loophole of regulation to privately negotiable with extra money. Lastly, legalization promotes sex traffracking which will bring further social issues in other crime.  

In conclusion, it’s likely that legalization of sex worker in Thailand will not be true in the near future. The Thai authorities and the representative house have never brought the issue in this session. Furthermore, there is no consensus among the sex workers. However, currently, most of sex worker, whether to support or not support legalization, and the proponents are asking for the free blood test. 

Reference :

Paritpat, T. (2015, January 21). Investigate the income of prostitutes. Prachatai. Retrieved from

https://prachatai.com/journal/2015/01/57488

Kraivijit, A. (2018, August 29). Should prostitution be legal in Thailand. The standard. Retrieved from 

Vetchakorn, P. (2018, August 2). The life of the prostitutes : illegal worker. Prachatai. Retrieved from

https://prachatai.com/journal/2018/08/78088

Pongpipat, K. (2017, June 24). Legalization of prostitutes : German and Thailand. BBC Thai. Retrieved from

https://www.bbc.com/thai/features-40367176

Pornchokchai, S. (2014, May 2). Legalization of prostitutes improves society. Bangkokbiznews. Retrieved from

https://www.bangkokbiznews.com/blog/detail/579187

Pantip (2016, June 17). How do you think about prostitutes?. Retrieved from

https://pantip.com/topic/35281927

Forestiere, A. (2019, October 1). To Protect Women, Legalize Prostitution. Harvard civil rights. Retrieved from

https://harvardcrcl.org/to-protect-women-legalize-prostitution/#:~:text=Finally%2C%20legalizing%20sex%20work%20will,have%20been%20far%20from%20perfect.

Raymond, J. (2003). Ten Reasons for Not Legalizing Prostitution And a Legal Response to the Demand for Prostitution. Retrieved from

https://catwinternational.org/wp-content/uploads/2019/09/Ten-Reasons-for-NOT-Legalizing-Prostitution.pdf

4 comments

  1. For this topic, it is very interesting topic to discuss. As sex worker is also considered one of the popular job in Thailand even though it is illegal. However, it is not everyone who choose to be by themselves but they have no choice. The reason they have no choice is the inequality.

    The inequality make the poor have no choice. As it is very hard to get out of poverty. Poor doesn’t have chance to receive proper education so don’t have any opportunity to choose a job. Sex workers is the job that may be suitable for the poor as it doesn’t any skill just body. Everyone have one thing that is given equally “body”. That’s why sex workers are very popular in Thailand as income inequality is high.

    For the government, the job is to improve the income inequality of the country to reduce the number of sex workers as they increase the chance for poor to get out of poverty trap.

    1. Thank you for your interest and your reply!!!! Yes, the root of this problem is inequality. My word force to do also mean the poverty and lack of opportunity to get the job that paid enough money force some women and men become a sex workers. If they all have good living standard, i believe that many sex workers will not want to do this job. However, there are some people that like to do this kind of job even they have enough money. And I also believe that being a sex worker not only require a body, they need to have their working skills too with good psychology. Nevertheless, I also strongly agree with you that the government should help people to go out of poverty and should provide good living standard for all citizen. I believe that, if Thailand have more equality, the number of sex worker will reduce.

  2. I support sex work legalization as you stated that it would create positive externalities to sex workers. Just as any marginalized group, they deserve to be taken care from the state. But to be fair, prostitutes were legalized during 2411-2503 BE, it appeared to be in the form of road maintenance tax (Silpa-Mag, 2020). Consequently, Thailand could raise more government revenue if prostitution can be taxed. In countries that prostitution is legalized, it is safer for both client and sex worker in terms of STD and could reduce sexual assault. On the contrary, the laws should not discriminate or suppress them because some workers might feel intimidated to register legally. Along with legal movement, social movement is also important, society needs to reform moral justification over sex work. Additionally, sex work does not only define prostitution but also includes pornography industry.

    Reference: Silpa-Mag. (2020, June 15). ขายบริการทางเพศ “ถูกกฎหมาย” ครั้งแรกในไทยเมื่อใด ก่อนเข้ายุค “ปรามค้าประเวณี.” Silpa-Mag.com. https://www.silpa-mag.com/history/article_51528

  3. This is an interesting topic. I agree with the author that sex work should be legalized. Even though I’m not favor that Thailand have a lot of sex worker and not willing to promote more people to enter the sex industry, I think that legalizing sex work is about human right. In my opinion it is kind of unfair that sex work involve agreement between two parties, but when conflict occur much of the blame and insult from society would be on the women than the one who use the services. With sex work being illegal, there is not much that those female or male sex worker could do to protect their own rights and themself. However, as the author have mention about the conservative thought in Thailand, it would be difficult for the country to legalized sex worker due to the reputation. I think Thai culture have been look down and disdain sex worker for a very long time despite that there can be many reason that the person decide to enter this job such as proverty and lack of other job opportunities. Even if there are other reason, in deotological view, the sex worker have the right to make decision and take responsible of their own risk. On the other hand, legalizing sex work and provide regular health check would lower that health risk in the sex industry and I think that it would lower social issue as sex worker can approach the justice system then the cost of committing crime in the sex industry would be higher. In my opinion, even if sex work is legalized, negative view toward sex work might still exist for some times but legalizing sex work would allow those worker to achieve social securities like worker in the other sector and it is something that they should also receive.

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