Sex trade, social and legal aspect of the phenomena and the Albanian criminal legislation provisions

Authors

  • Aurela Bozo Center for Legal Civic Initiatives, Faculty of Social Sciences, University of Tirana, Albania

DOI:

https://doi.org/10.7336/academicus.2015.11.10

Abstract

The purpose of this paper is to analyse the effects of Article 113 of the Albanian Criminal Code on women. This article appears to be gender neutral, but it’s enforcement affects women disproportionately and face them with forms of indirect gender discrimination. Through monitoring of Tirana Judicial District Court’s decisions, with object article 113 of the ACC, “Prostitution”, for a four year period from 2010 through 2013 and interviews with women who have exercised prostitution, there are brought in attention the profiles of the individuals who exercise prostitution and also social aspects of this phenomena. The hypothesis raised in this paper is that the profile of an individual who exercises prostitution is a vulnerable woman, with low education, unemployed, with low income, who is faced with family and social problems. This paper analyses the relation between the social aspects and legal dynamics of article 113 of ACC. The changes of 2012 introduced in the article 113 of the ACC brought sanctions for persons who buy the service of prostitution reflecting the process of social changes and understanding of gender equality. The issue of the next steps to address this phenomenon is analysed in this article too.

Keywords:

prostitution, profile, court decisions, legal changes, equality

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References

  1. Bozo, A., & Grabova, L. (Eds.) (2006). The Albanian institutions for the protection of women against domestic violence. Publishing House: Pegi.

  2. Freeman, J. (1996). The feminist debate over prostitution reform. In A. Dworkin, C. MacKinnon,...... & J. Freeman et al. (Eds) Applications of Feminist Legal Theory to Women’s Lives, Sex, Violence, Work and Reproduction, 241, 246. Temple University Press.

  3. A. Dworkin, C. MacKinnon,...... & J. Freeman et al. (Eds) (1996) Applications of Feminist Legal Theory to Women’s Lives, Sex, Violence, Work and Reproduction, 187, 189. Temple University Press.

  4. General Recommendation no.19, in implementation of article 6 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

  5. http://www.gjykatatirana.gov.al

  6. Elezi, I. (2009). “Criminal law. Specific Part”, 153-155.

  7. Mandro, A. & Bozo, A. & Anastasi A, (2013) Report on knowledge and implementation of the gender equality standards in court decisions, 59. This report is available in the website of Center for Legal Civic Initiatives www.qagal.org in Albanian and English

  8. Albanian Code of Republic of Albania, law no.7895, dated 27.01.1995, changed, article 113.

  9. Law no. 23/2012, “On some adding and changes in the law no.7895, dated 27.1.1995 “Criminal Code of Republic of Albania”, changed, article 12.

  10. Law no.9970, dated 24.07.2008, “On gender equality in society”, article 6, “To stop discrimination due to gender”.

  11. Law no.10 221, dated 4.2.2010, “On protection from Discrimination”.

  12. Decisions of Tirana Judicial District court are available in the website www. gjykatatirana.gov.al.

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Published

2015-01-01

How to Cite

Bozo, A. (2015) “Sex trade, social and legal aspect of the phenomena and the Albanian criminal legislation provisions”, Academicus International Scientific Journal. Vlora, Albania, 6(11), pp. 127–141. doi: 10.7336/academicus.2015.11.10.

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Section

Articles