Sex work and the law in Asia and the Pacific

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Taiwan has regulated sex work since 1956, when a law was enacted allowing licensed brothels to operate in Taipei. Less than 10 percent of brothels received licenses. As the economy boomed in the 1990s, the location of the sex industry shifted from brothels to other venues such as hair salons and karaoke parlors.332

Taiwan, Province East Asiaof China

5.5.2  Law enforcement practices

The nature of the sex industry under the licensing system was described as follows in 2000: Licensed prostitutes are under the management of local police bureau. In Taipei for example under the Taipei Licensed Prostitutes Management Act enacted in 1973, a weekly medical health check is required for licensed prostitutes in licensed brothels. However, due to strict legal constraints over licensed brothels (e.g., death of brothel owner results in the brothels’ closure as brothel ownership and location is nontransferable). In 1973, there were more than a hundred licensed brothels, with nearly a thousand licensed prostitutes. By 1997, the number of licensed brothels had fallen to 18, with only 128 licensed prostitutes...The number of licensed prostitutes in other areas is also declining as few new, younger prostitutes are granted licenses… The decline of licensed prostitutes does not reflect a similar decline in the sex industry. The most visible sign of the sex industry is not in formal sex establishments, instead the trade is transacted in hotels, massage parlours, teahouses, barber shops, and saunas in every corner of Taipei city. The Municipal Government is aware of the large sex industry, but it believes its eradication is best through indirect attacks - cutting off electricity and water supply is the main slogan for government leadership. Yet it will not be possible as the underground industry has strong links with both the police and the triads. Unlicensed sex workers are working under many forms of exploitation from clients, brothel owners and police. They cannot refuse clients like drunks, those who refuse to wear condoms, and those demanding additional services. They suffer physical abuse, robbery and refusal to pay from clients, abuse and sub-standard working conditions from employers, and are denied social welfare benefits.333 In 2001, the Taipei City government stopped issuing new brothel licenses. After the original brothel owner died, the licensed brothels were required to close down unless a member of the immediate family was willing to take over the license. In 2011, only 11 of the original licensed brothels were left.334 Sex work was an offence from 1991-2009 under Article 80 of the Social Order and Maintenance Act 1991, under which sex workers could be imprisoned for up to three days, detained or fined for up to $30,000 New Taiwan dollars. In 2009, Taiwan’s Constitutional Court ruled that Article 80 of the Social Order and Maintenance Act was unconstitutional because it undermined the right of equality of sex workers under the Constitution of the Republic of China (Article 7) by prescribing penalties for sex workers, but not their clients. Technically Article 80 of the Act remained in force until 2011, but was not actively enforced. 332  The Trouble With Taiwan’s New Prostitution Rules, Wall Street Journal: China Real Time Report, 16 November 2011. 333  Shouchin, and Chou J.(2000) Sex work in Taiwan, Asian Labour Update, Issue:33, (December 1999 February 2000). 334  The Trouble With Taiwan’s New Prostitution Rules, Wall Street Journal: China Real Time Report, 16 November 2011.

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