This is a guest post by Wendy Lyon and was originally posted at Feminist Ire. Wendy Lyon is a bi-continental feminist activist who completed an LLM in International Human Rights Law (Griffith College Dublin) in 2011 with a dissertation on sex workers’ right to health. Her other areas of interest include labour migration, refugee law and reproductive justice.
This is a cliché that anyone who advocates for sex workers’ rights will be familiar with. Faced with a sex worker who defies the abolitionist stereotype of a person physically or economically coerced into prostitution, who thinks their job is ok and isn’t desperate to leave it (but could if s/he wanted to), and who argues that the solution to the negative aspects of sex work is decriminalisation and enforceable rights, the inevitable response is:
You’re not representative. Why should the law be made for you?
This argument is problematic on a number of levels, and deserves a fuller response than I’ve been able to give it when it’s appeared in my comments. So here are my thoughts about it.
First of all, we need to question the basis of the assumption of non-representativeness. Abolitionists making this argument frequently cite this Melissa Farley study which interviewed sex workers in nine countries, and found an overall rate of 89% who answered the question “What do you need?” with (among other responses) “leave prostitution”. This statistic is often cited to make the claim that almost nine out of ten sex workers want out, and the ones who don’t are, you guessed it, not representative.
So what’s wrong with this claim? Well, the first thing you have to do with any survey is look at who the subjects are and how they were chosen. According to the study itself, the respondents were:
Canada: street workers in Vancouver’s Downtown Eastside, “one of the most economically destitute regions in North America”.
Mexico: Street, brothel, stripclub and massage workers in Mexico City and Puebla. No breakdown is given as to how many were chosen from each sector.
Germany: Subjects selected “from a drop-in shelter for drug addicted women”, from a “rehabilitation” programme, by reference from “peers” (presumably those found at the shelter and rehab programme) and through a newspaper advertisement, the text of which is not reported. Again, there is no breakdown of how many were found by which method.
San Francisco: Street workers from “four different areas”, not identified.
Thailand: A minority were interviewed “at a beauty parlor that provided a supportive atmosphere”, most at an agency providing job training.
South Africa: Subjects interviewed “in brothels, on the street and at a drop-in center for prostitutes”. No breakdown, again.
Zambia: Current and former sex workers were interviewed at an NGO offering sex workers “food, vocational training and community”.
Turkey: The subjects were women brought by police to hospital for STI “control”.
Colombia: Subjects were interviewed at “agencies that offered services to them”.
What is clear from this detail is that there is a heavy selection bias in the sample. It is not clear that any of the sex workers interviewed came from the less vulnerable sectors (ie independent indoor workers, or brothel workers in countries where they have labour, health and safety rights). The large majority clearly did not. Some of them were selected from agencies that cater to people wishing to leave prostitution, which is a bit like selecting people at a jobs fair to find out if they’re looking for work. Moreover, some of them were children, although the study only reports that this was the case in six of the nine countries and does not break down the adult/child division any further.
In short, this study does not tell us how sex workers feel about their work. At most, it may tell us how sex workers in particularly vulnerable sectors feel about their work. That 89% figure simply cannot be generalised to sex workers as a whole.
So here comes the next argument:
[click to continue…]