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On RTE’s Disrespect and the Camogie Final

Originally posted on Pursued By A Bear:

Today I watched the All-Ireland Camogie Final between Cork and Kilkenny. It was a fantastic game, with great skill on display from both sides and all the high-octane drama you associate with the sport. A great occasion, all in all, and Cork proved worthy winners in the end. This was, however, no thanks to the media coverage, and RTE’s handling of the event in particular.

I tweeted earlier today, wondering why there’s no Up For The Match programme on the eve of the camogie final. I mean, we all *know* the reason, but does it have to be so? The inevitable retort would probably be something along the lines of, “well, the level of interest isn’t there”, or “the game isn’t high-profile enough”. Sorry, but that’s not good enough. The game isn’t high profile enough, you say-do you see how you could easily remedy that? Give the game the platform…

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Direct Provision: Sex Work Is Not The Problem

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This week here in Ireland, reports have come to light that women living in direct provision centres have been engaged in survival sex work.

Some context, for those of you unfamiliar with Ireland’s asylum processes:

When people come to Ireland seeking asylum, they are housed in what’s called “direct provision” until their cases are heard. Direct provision is a system where food and accommodation are provided to a person, and they are given a small allowance to live on. Doesn’t seem too terrible at first glance- who wouldn’t want to be given a place to live and 3 meals a day?

It turns out, though, that direct provision isn’t exactly what you’d call cushy. Having no control over the food you eat or when you eat it- and don’t forget, direct provision centres are run by private contractors looking to make a profit, and there is no profit in ensuring that people have access to decent food. If you can’t stomach the food, being barred from making or eating food in your own room. Add to that having no privacy- asylum seekers have to share rooms, either with complete strangers or with an entire family crowded into a single room. Throw in curfews, and being barred from working to support yourself, earn money, or simply pass the time. And doing it all with a measly €19.10 allowance, or €9.60 for children, for everything else that you might need. Imagine trying to live your life on that, or raise your kids and do your best to provide them with some sort of liveable existence.

The direct provision system was set up as a temporary measure, to house people for a few months at most while their asylum claims were being processed. As of this year, 59% of residents have been living in direct provision for over three years, and 9% for more than seven years. 

There are more people in direct provision in Ireland than in our prisons. Asylum seekers, unlike prisoners, have done nothing wrong. And asylum seekers, unlike prisoners, live with no certainty over how long it will be before their wait is over, or whether it will end in freedom or deportation.

It’s grim. So grim that residents have recently been hunger-striking to protest the conditions they’re forced to live in.

In the midst of all this, Ireland’s Justice Minister Frances Fitzgerald claims to be “shocked” to hear that women in direct provision are engaging in sex work to make ends meet. Responding to these reports, she’s said that she “certainly [doesn't] want to see any woman in Ireland feeling that the only option for her is prostitution in order to look after her family.” She then went on to discuss calls to criminalise clients of sex workers in Ireland, “watching how Scandinavian countries had handled the issue”, and that ” she would be bringing legislation to Cabinet in the near future”.

Can we talk about how profoundly backwards this is? Not just a little backwards. It’s not that the cart is before the horse here. It’s that the horse has never, in fact, even met the cart. The horse is hanging out in a field somewhere in the countryside and the cart is stuck in a stairwell in an apartment block in a city on a completely different continent to the horse.

Shocked?

Let’s start at the beginning: nothing shocking has happened here.

Aaaaand to read the rest, head on over to the original post at Consider the Tea Cosy. 

To them, we are nothing but vessels

A young non-Irish woman with limited English and precarious residency status, discovered she was eight weeks pregnant as a result of what the Sunday Times have reported as a “traumatic rape.” Due to her legal status in Ireland she could not freely travel abroad in order to access an abortion so immediately applied to have a termination in Ireland under the new legislation, stating that she was suicidal at the prospect of carrying the foetus to term. Like Savita Halappanavar and Bimbo Onanuga, she is another woman from outside of Ireland who has been completely failed by the Irish medical system.

Three doctors declared that the woman was suicidal under the panel formed under the Protection of Life During Pregnancy Act in January. The legislation states that medical practitioners may authorise an abortion where “there is a real and substantial risk of loss of the pregnant woman’s life from a physical illness or by way of suicide” but they must have “regard to the need to preserve unborn human life as far as practicable.” The Act does not set out timelines during which decisions should be made by these panels, or when abortions should be performed if granted under this law. To insert a timeline in that law, giving the applicant some clarity, would have been too generous a gift for the women of Ireland by the Irish government. The panel of three doctors said that despite the fact she was suicidal, it would be better to wait until the foetus was viable for delivery instead of performing an abortion. She went on hunger and liquid strike in response. People do not enter in to hunger strike lightly; It is a last resort attempt by people seeking redress when the politics of despair have left them with nothing else to fight with but their own bodies.

The HSE in turn, sought an emergency order at the High Court on the 2nd of August which would allow it to forcibly hydrate the woman on the grounds that they wanted to protect her life and the life of the foetus which she did not wish to carry. It further sought orders that would allow them to carry out other procedures related to her pregnancy. The woman was represented by her lawyers, and the foetus was also represented by its own legal team. The Irish courts have already stated that it is a medical practitioner who is entitled to make decisions concerning the pregnancy, and not the woman herself. The law goes far beyond preventing a pregnant woman from having an abortion in circumstances where her life is not at risk. The Irish law is designed so that a person who is pregnant no longer has any say over what happens their body whether it concerns continuing the pregnancy itself, the location in which you wish to give birth or whether you will hydrate yourself or not.

Last month in Geneva, the chair of the UN Human Rights Committee said that Irish law on abortion treats women as a “vessel and nothing more.” Once you are pregnant in Ireland, you become property of the state and your own wishes are irrelevant.

On the 3rd of August, this young, suicidal rape victim, having gone through two court hearings seeking an abortion and an unknown number of medical interrogations by a panel of three doctors, underwent a caesarean section in an Irish hospital at approximately 24-26 weeks gestation. Preserving human life as far as practicable in their eyes required performing a c-section on a woman while she was around six months pregnant, despite the fact that she had been raped, was suicidal, had gone on hunger and thirst strike and had asked for an abortion repeatedly from eight weeks on.

The implications of this are horrifying. It has sent a clear message to women in Ireland that if you are suicidal and seek an abortion which you are constitutionally entitled to, you run the risk of medical practitioners compelling you to wait until the foetus is viable and then having a c-section forcibly performed on you. This woman was in a very vulnerable position given the multiple traumas she had endured. It is the stuff of nightmares. There are other women who are suicidal as a result of pregnancy and access abortion services because they have the means and support to travel. Some contact Women on Web and some contract the Abortion Support Network. Some will borrow money from friends. Those who don’t have internet or phone access to make appointments or ability to leave the country, or money to pay, and will take other steps. Some will borrow from money-lenders, others might throw themselves down stairs. But those who are pregnant and suicidal will not go to these panels, the risk is too great.

We do not know the full facts of this particular case because the media are restricted from reporting in full. However, we do know that the Protection of Life During Pregnancy Act has not resolved the issue of not being able to access an abortion even if you are suicidal in Ireland. Three doctors said this woman was suicidal, but apparently this was not the right kind of suicidal for the purposes of the Act, and because a c-section was available then she could have that instead of a lawful termination.

It begs the question of what type of ‘suicidal’ will allow you to have a legal abortion in this jurisdiction and as long as the Eighth Amendment remains in the Constitution, there will be women travelling, dying and undergoing forced c-sections for want of an abortion within Ireland. There is no clarity as to what the scope of “practicable” actions are in order to prevent a woman from having an abortion under the cloak of “protecting the life of the unborn.”

Years ago, I had a conversation on facebook with someone who was anti-choice and was quite forthright in his views that women should be prevented from having abortions at all costs, even if they were suicidal and it required locking them up in specially designed pregnancy gulags under 24 hour suicide watch. It is a frightening vista but not totally unrealistic. Those on the anti-choice side will of course say the term “gulag” is hysterical, but if you were a pregnant suicidal rape victim, who wanted an abortion, and was in hospital on a court-ordered drip having an effectively forced c-section under threat of a court order, faced with the prospect of a 14 year jail sentence if you induce your own miscarriage, it just might feel pretty gulag-esque. You just might even etch “Nolite te bastardes carborundorum” on a wall.

To them, we are nothing but vessels.

Repeal the 8th.

Journalists’ Ongoing Human Trafficking Problem

Guest post by Matthias Lehmann

More often than not, advocacy for sex workers’ rights and the acceptance of sex work as work puts one at odds with members of that part of the anti-human trafficking movement that rejects these ideas, considers prostitution as inherently harmful, and brands anyone disagreeing with them as a member of some imaginary pimp lobby. Another group one finds oneself at odds with are journalists who report about – and, like the former, conflate – human trafficking and prostitution, as their articles frequently include false, inaccurate or misrepresented information.

Chimpanzee Typing - Image by New York Zoological Society (1907)

As sex workers and their allies will confirm, one could easily spend all day writing rebuttals to counter the influence on public opinion of the many sensationalist reports, but one has to pick and choose. The following is a response to Kyla Ryan’s article “Cambodia’s Ongoing Human Trafficking Problem” in The Diplomat. Before I start, however, I would like to state that I am not an expert on the situation in Cambodia, although I previously conducted research and field work in the Greater Mekong Sub-region. I can read, however, and my rebuttal of Kyla Ryan’s article will for the most part analyse one of the very sources she used in writing her article.

Far, very far indeed, be it from me to deny that children are being sexually exploited and, as German politician and human rights activist Volker Beck once put it, “every trafficking victim is one too many”.

However, a quick glance at the source of Kyla Ryan’s alarming statements, a report by ECPAT-Cambodia, reveals that what she should have focused on is the rape of children in settings that are not related to human trafficking.

Let’s look at the data and let’s assume, for argument’s sake, that the research conducted is methodologically sound and all of the findings accurate.

Rape

The report by ECPAT-Cambodia states that in 2011, “658 cases of rape were referred to the 33 participating NGOs, involving 671 victims”, 483 of whom were minors (71.5%).  While about half of these 483 victims were teenagers, 169 were aged between 7-12 (35%) and 77 between 1-6 (16%).

The report continues to state that the next highest age group, those aged 18-25, which ECPAT labels as ”young people”, accounted for the majority of adult victims, meaning that grouped together, victims aged 0-25 accounted for 90.5%.

I am not going to dismiss the fact that such an overwhelming majority of rape victims was rather young or even very young, but one should not overlook the fact that ECPAT-Cambodia labels youth here as “children” and adults as “young people”. It doesn’t take a conspiracy theorist to see that the organisation’s self-interest plays a role here, regardless of how honourable its goals might be. The report does emphasise that “the majority of victims (approximately 1 in 3) were in the 13-17 years age group”, but I’ll come back to that later.

The report found that, “consistent with all previous Database Annual Reports”, “rape offenders in Cambodia are generally not total strangers to the victims, and usually know the victim fairly well”. The report suggests “that police and judicial investigations, as well as authorities and NGOs, should consider parental and neighborhood relations as key elements in preventing and protecting children (and adults) from rape”.

In the year 2011, 98.8% of the offenders were Khmer, with 0.9% foreign and 0.2% Cham/Muslim. (No further details are provided.) The total number of offenders was 770, therefore, the 0.9% correspond to 7 foreign offenders (rounded up) in the cases referred to the participating NGOs.

Trafficking for Sexual Exploitation

Looking at the data about trafficking reveals that in 2011, “71 cases of sexual trafficking were referred to the participating NGOs, involving 88 victims”, 66 of whom were minors (75%). While 55 of these 66 were teenagers, 10 were aged between 7-12 (15.2%) and 1 was aged between 1-6 (1.5%).

The report continues to state that “the number of child victims in the very young age groups of 1-6 years and 7-12 years was relatively high, with nearly 17% of the total child victims belonging to these two age groups”. As above, the report also states that, when grouping victims aged 0-25 together, they accounted for 92%.

Once again, every trafficking victim is one too many and I am not going to dismiss the fact that 11 children under 12 years of age were trafficked for sexual exploitation. One should not overlook the fact, however, that in the text of the report, ECPAT-Cambodia uses percentages rather than the number of cases and again joins age groups together, since, obviously, 17% is a more useful number than 11 to raise awareness – and funds! – and the same goes for anything in the 90% range.

The report does not provide details on the offenders who exploited the trafficking victims as customers but only on the 76 recruiters involved in the 71 cases.

Again, the report found that, “consistent, in general terms, with all previous Database Annual Reports”, “recruiters of sexual trafficking in Cambodia are generally not total strangers to the victims, and usually knew the victim fairly well” and suggests that “police and judicial investigations, as well as authorities and NGOs, should consider parental and neighborhood relations as key elements in preventing and protecting children (and adults) from sexual trafficking”.

Listing percentages only, the report states 50% of the recruiters were Khmer, 10.5% Vietnamese, 7.9% Thai, Other Asian 5.3%, European 10.5%, and American 3.9%. The report states that “there is limited consistency across the years in regards to the nationality of recruiters” and that “it is too soon to determine whether the drastic increase in European/American recruiters in 2011 constitutes a new trend”.

Granted, a combined 14.4% for European and American recruiters is quite a marked increase from 0% the year before. Once again, the use of percentages is somewhat conspicuous, however. Converted into actual numbers, the 14.4% correspond to ten recruiters/traffickers. All foreign recruiters listed in the table accounted for 38.1% or 29 recruiters/traffickers.

It is interesting to note that in 2011, 51.6% (or 39) of the recruiters/traffickers were female, while 48.4% (or 37) were male.

Misrepresenting the Problems

Let’s look at Kyla Ryan’s article at The Diplomat then.

Ryan (or her editor) chose as the headline “Cambodia’s Ongoing Human Trafficking Problem”, when in fact, the ratio of rape to trafficking victims in Cambodia in 2011 was roughly 7.5:1 (671:88), at least according to the very source Ryan’s article is based on.

The byline states that “the country still sees a trade in girls as young as five years old”. While that may be true, the report this statement is based on lists a single victim aged 1-6 years old and doesn’t actually reveal the gender of the two-year-old victim.

Speaking of gender: nearly 20% of the overall trafficking victims in 2011 – the report doesn’t provide figures broken down by age groups – were male, and the report does state that the “data is a reminder that boys and men are also victims of sexual abuse and exploitation … although this may often be contrary to popular belief”. Articles such as Ryan’s are one of the main reasons why such popular beliefs exist.

Ryan is also guilty of perpetuating the common “male foreign perpetrator, female local victim” paradigm when she writes that Phnom Penh is “where foreign men come to seek sex with young girls”. While I cannot deny that men, foreign or local, may seek sex with young girls, the data on which Ryan bases her article says nothing at all about foreign men who bought sex from young girls. Instead, the report does say a lot about rape, but Ryan chooses to mention rape only in connection to brothels. The only foreigners mentioned in the report are the 29 recruiters/traffickers in 2011, eleven of which were European or American.

While Ryan does allude to the “complicated” situation where family members are involved in human trafficking, she curiously writes that “many young girls are not forced into the trade by criminals, but by family members”. I never knew that being a family member and being a criminal were mutually exclusive. One may disagree with me here, but it appears that Ryan prefers to blame “foreign men” for the crime, with family members merely being complicit in it.

Nobody should dismiss or trivialise sexual violence against children, youth, young adults, or adults in general. My issue with articles such as the one by Kyla Ryan is that they misrepresent the problems and fuel the rampant, and harmful, anti-trafficking panic while largely ignoring the actual problems.

Ryan fails to mention the fraudulent and exploitative activities of Somaly Mam – her organisation AFESIP was one of the NGOs contributing to the ECPAT-Cambodia report – and the underlying problem that more often than not, only lurid stories make for effective fundraising for anti-trafficking organisations, a problem which also seems to affect the way ECPAT-Cambodia wrote its report. Ryan also leaves out ECPAT-Cambodia’s recommendation to give greater consideration to “parental and neighborhood relations as key elements in preventing and protecting children (and adults) from sexual trafficking”. I must assume it didn’t fit into the narrative she wanted to engage in.

The report by ECPAT-Cambodia states that 1 in 3 rape victims and 2 in 3 trafficking victims were in the 13-17 years age group. Where rape was concerned, all offenders were male and nearly all were Khmer, but where trafficking was concerned, a slight majority was female and the majority was Khmer, though 38.1% (or 29 people) were foreign.

To summarise: according to ECPAT-Cambodia’s report, the bigger problem in Cambodia is rape, not trafficking; the main victims of both rape and trafficking are youth aged 13-17; and the offenders are overwhelmingly locals – where rape is concerned this is entirely the case, and where trafficking is concerned they comprise the majority.

Kyla Ryan’s article paints another picture. “Read The Diplomat, know the Asia-Pacific?” Hardly.

Epilogue

I said above that for argument’s sake, I would assume that the report by ECPAT-Cambodia is accurate, but I strongly recommend anyone truly interested in the subject to read further, because regardless of its wording or use of percentages, the report does provide a number of interesting facts, e.g. who was classified as recruiter/trafficker – included were owners or employees of brothels or massage parlours – or the reasons why “92% of victims agreed to go with the recruiter” – 29.2% stated they “wanted money to buy things” – or that “the majority knowingly entered sex work”. Admittedly, 42.1% said they were promised other occupations and then forced into sex work. One mustn’t discount, however, that some respondents might well have hesitated to admit they knowingly entered sex work, for fear of the stigmatisation they would face as a result of that. By suggesting that, I certainly do not mean to dismiss any actual cases of sexual exploitation. But equally, one must not ignore that due to the stigma attached to sex work, people selling sex frequently experience discrimination and violence, which even extends to their children and other family members, exacerbating their health risks and isolation and depriving them of their basic human rights.

Matthias Lehmann is a doctoral researcher at Queen’s University Belfast. His prior research and field work dealt with human trafficking in the Greater Mekong Sub-region and human rights violations against sex workers in South Korea. His current research focuses on prostitution legislation in Germany. His blogs can be found here and here.

Tesco and the myth of corporate social responsibility

Tesco’s latest charity drive aroused controversy on social media this week after giving customers small blue tokens for each purchase that they could then place in one of three clear boxes for a charity . Every six weeks the Tesco branch will divide €1,000 between the three charities according to how many blue tokens they have in their pot. The idea is nice; you can buy over-packaged food and some local group will benefit from your hardening arteries. Each branch of Tesco was allowed to pick the charities, and that women’s refuges received less money than animal sanctuaries as a result of consumer’s choices caused a bit of a stir.

It won’t come as a shock to anyone who has had even the slightest interaction with liberal types, that it’s fairly common that people give charitable donations to animals before people in need. It’s also fairly common for people to look at this type of scenario and say “Well at least there was a women’s refuge you could donate to” in the range of the deserving poor according to Tesco – and this post does not aim to condemn the people who hold that view. In a climate where the state is engaged in a mission to complete the wholesale abandonment of service provision to people in need, organisations will step in. The organisations who have stepped in to provide services were the state has failed, require funding, and it is very difficult for the people running them to refuse money where it is going spare. That’s not to say that NGOs and service providers should accept donations from any old capitalist multinational regardless of where it comes from or how it’s raised, merely to acknowledge that principles are all very well and good when you can afford to have them.

And while I’m deeply suspicious of people who campaign for the rescue of dogs in the streets before, say, looking for housing for homeless humans in the streets, there is a more important discussion to be had here, and that concerns the absolute myth of corporate social responsibility, and the belief in the idea that charity will solve the social ills of the world when in many cases the reality is that its continued existence doesn’t do anything but further exacerbate those ills. I hold my hands up and say I don’t have the answers to any of this (apart from smash capitalism and patriarchy obviously). Charitable endeavours much of the time are a sticking plaster for the injurious nature of capitalism. Yes, they hold people together, but dependence on state funding very often results in gagging them from articulating just how bad things really are.

Tesco may like to seem nice and cuddly because they are big outfit and they donate money to a women’s refuge, but we as a community need to acknowledge that the women’s refuge needs money because the state will not provide it in the first place. Putting aside for the moment another long but necessary discussion bemoaning the fact that we wouldn’t need women’s refuges if men would keep their fists to themselves, the state will not provide the funding needed, partially because corporations will not pay large sums in corporation tax which could be funnelled in to service provision. Many women are forced for to remain in situations of domestic violence simply because they cannot afford to leave. Poor women find it more difficult to escape domestic violence and I would be willing to put money on the fact that there have been people employed by Tesco sheltered in women’s refuges before – they only pay €9 per hour to their customer assistants, just above the legal minimum wage in the state. Perhaps if women were paid a little bit better, they would have more options other than underfunded domestic violence shelters when leaving abusive relationships.

Which children’s charity will criticise Tesco for making it cheaper to feed children rubbish high-sugar food when it could potentially one day be Tesco’s charity of the year? NGOs are regularly prevented from being overly critical of governments when they depend on state agencies and statutory bodies for funding to do their work. When state funding is becoming thinner and thinner on the ground, corporate social responsibility philanthropic programmes will inevitably make it more difficult for organisations to criticise the actions of businesses that make their existence necessary in the first place.

The Tesco website has a statement on corporate responsibility:

“As Ireland’s leading retailer, our stores serve a large number of communities throughout the country. Our interaction with these communities reminds us daily about our responsibilities as an employer, as a business and as a good neighbour…”

Of course, we know this is nonsense. Capitalist companies having corporate social responsibility because they care about the communities in which they are located, is a myth. As this Forbes piece shows, corporate social responsibility in the form of charitable donations is useful for businesses because it means more profits. Business energy efficiency = lower energy costs = increased profits. The caring business is a complete fallacy.

The Forbes article also describes how New Perimeter are a nonprofit law firm established by DLA Piper providing pro bono legal assistance in developing and post-conflict regions. What Forbes left out, is that DLA piper entered a partnership with Brazilian law firm Campos Mellos Advogados in 2010, who handled and encouraged Brazilian real estate deals for the building of infrastructure for the World Cup 2014. The same World Cup where the building of infrastructure necessary for it to take place left 250,000 people homeless.  DLA Piper and Campos Mellos Advogados have also sent lawyers to Israel to encourage and promote commercial ties with Israel. So DLA Piper staff donate their time to New Perimeter and get to feel warm and fuzzy on the inside while their paid employment is to perpetuate other people’s misery. Caring corporate social responsibility does not exist.

After protests during the past few weeks across Ireland calling for an end to the Israeli offensive in the Gaza strip, Tesco announced that it would no longer stock fruit that came from illegal Israeli settlements. However Tesco has failed to clarify how it is going to differentiate between food from illegal Israeli settlements, and food from outside of them, or whether their boycott will extend to food packaged in illegal settlements but not necessarily grown there. It is a far cry from the BDS campaign that calls for a boycott of all Israeli products until Israel upholds international law. Tesco has form when it comes to being sketchy as to where supplies come from, but it got the nice headlines about Israeli fruit and got to talk about their responsibilities as an employer and neighbour at a time when they knew it was politically popular to do so, while still actually stocking Israeli produce.

So Tesco in Cabra might donate €300 to a women’s refuge in a few weeks, but will probably continue to stock Israeli produce and profit from the violation of rights of people in Palestine, and the actual murder of Palestinian women in Gaza.

Businesses engage in PR exercises that present a facade of social responsibility when their actual business practices are wildly different to what they portray, but it makes liberals feel good about their engagement with capitalism. Buy more stuff. Put another blue token in the box. Save a puppy, and so on. When the motive of an action is profit, there can be no such thing as corporate responsibility, it merely serves to legitimise neo-liberal economics and exploitation, and a few bob to the local women’s refuge won’t change the fact that it capitalism contributes to the need for funding for refuges in the first place.


Who is most at risk due to ‘Care’ in our Maternity services?

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Originally posted on Activism and Agitation:

We know that our maternity services are dangerously under staffed, we know there are no national polices for screening and there are other national policies which are also  lacking. It is not just a case of doctors differ and patients die, it is that depending on where you are in the country, the level of ‘Care’ and the consistency of ‘Care’ varies greatly, even in the same units but from week day to weekend.

But it varies even more so if you are woman who is from a minority in Ireland, this has been born out by the National Perinatal Epidemiology Centre Severe Maternal Morbidity Report 2011


As Sinéad Redmond   a maternity rights activist and an AIMS Ireland committee member said

“This is a link to the National Perinatal Epidemiology Centre Severe Maternal Morbidity Report 2011. Page 10 points out that maternal morbidity (severe maternal medical complications occurring during…

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Sex workers are still targeted under the racist Swedish model

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Last week, an appeals court in Sweden upheld a decision in favour of a tavern owner and security staff who had denied entry on three separate occasions to Asian-looking women. The tavern admitted judging these women by their appearance, but said they had barred them in order to prevent prostitution from taking place on their premises. Police had told the tavern owner that this was going on, and that Asian women were involved. These particular Asian women weren’t though, and they brought a discrimination claim.

The women lost in the lower court, and then lost again on appeal. According to my best Google Translate, the appellate court found that preventing prostitution is an “inherently legitimate reason” which justifies the means that was taken by the tavern, even though the effect was to bar women from their premises who had done nothing more than appear to be Asian. That’s not unlawful discrimination, according to the Swedish courts.

There are a couple things going on here. First, of course, there’s the blatantly racist nature of the policy, now formally endorsed and legitimated by a Swedish judiciary which sees nothing wrong with singling out women of colour for whore stigma. It’s not particularly surprising that racialised women would bear the brunt of a policy aimed at a migrant-dominated industry, but the court’s seal of approval institutionalises racism within Official Sweden’s zero tolerance approach. Of such a priority is the Swedish state’s war against sex work that all else can be thrown by the wayside, even principles ordinarily regarded as pretty fucking basic in a supposedly advanced democracy.

The second thing is that this decision exposes the lie that the Swedish law is not about targeting sex workers. Of course it is. They may not be targeted for prosecution, but the Swedish authorities are more than happy to go after them with any other means at their disposal. They go after them with immigration laws, with the power to refuse them custody of their children; they stake out their homes. They have already involved non-state actors in their war, as when they train hotel staff to monitor the habits of female guests; now, it seems, other branches of the service sector are also being drafted into the Prohibitionist Army. Whose policy seems to be one of “shoot first, ask questions later”.

I don’t think there’s much risk of a similar court judgment in Ireland, even should the Swedish model be adopted here. Our Equal Status Act does allow for denial of services where it is believed that serving the person would give rise to a substantial risk of criminal activity, but “discriminatory grounds” are specifically excluded as a valid basis for that belief.  The reason for that exclusion is so that pubs and shops and hotels cannot cite criminality by some Irish Travellers as a reason to deny entry to all of them, so it’s rather unlikely that the courts would allow use of a similar justification to bar all women from ethnic backgrounds popularly associated with prostitution.

But what the Equal Status Act says and what actually happens in pubs and shops and hotels are two different things. And just as Travellers are, in fact, routinely denied entry on discriminatory grounds in spite of the law, women who are seen as being “high risk” for prostitution because of their racial appearance could well find themselves being subjected to a de facto discrimination door policy. This is particularly likely to happen if the law creates “an offence of recklessly permitting a premises to be used for the purposes of prostitution”, as recommended by the Oireachtas Justice Committee and supported by the Turn Off the Red Light campaign and its member organisations, several of which operate in the migrant advocacy sector. If this law is passed and migrant women become collateral damage in the Irish war against sex work, as they have in the Swedish and Norwegian wars, will these groups also shrug it off as an “inherently legitimate reason”?

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