Doctors For Life praise constitutional Court ruling on prostitution Doctors For Life International (DFL) is delighted with the judgement of the Constitutional Court today which upholds the present law against Prostitution. DFL has been involved with this case as a witness for the state, from when it started in the lower courts in 1996. In the final case before the Constitutional Court, DFL again testified on behalf of the state and is happy to see excerpts from our affidavit being quoted in more than one place in the judgement. The evidence DFL presented to the court showed clearly that prostitution:
women, which South Africa is obliged by its international law commitments to suppress; diseases, especially HIV/AIDS; We further showed that to legalise it will not change this. To quote from the judgement: "Despite the romantic notion entertained in some quarters that all will be well with the world of prostitution if only the criminal law is removed, the practical truth, it seems, is that it will not. All of the opportunities for damage, abuse, and exploitation remain." DFL will be presenting the same material to the S.A. Law Commission in the report they are drafting. We believe that the law commission will do well to take notice of the decision of South Africa's highest court. At the same time DFL remains committed to do everything in our power continue to attend to the plight of women caught in the modern day slavery of prostitution develop skills and get alternative occupation. For that purpose we already have a help line in place. Cell phone 073 224 9221. Doctors For Life International (DFL) represents 820 doctors, specialists and professors of medicine from different medical faculties across South Africa. ### For more information contact Doctors For Life International +27 (31) 7640443 Read News24's story: http://www.news24.co.za/News24/South_Africa/0,1113,2-7_1269532,00.html Brothel ruling 'bad for women' Oct 10 2002 02:03:20:400AM The commission on gender equality has reacted with disappointment to the Constitutional Court judgment confirming the illegality of brothels and failing to back a high court order against the criminalisation of prostitution. Johannesburg - The commission on gender equality on Wednesday reacted with disappointment to the Constitutional Court judgment confirming the illegality of brothels but failing to back a high court order invalidating the criminalisation of prostitution. The commission was one of several parties that argued before the Constitutional Court as an amici curiae ("friends of the court") for the invalidation of all provisions of the Sexual Offences Act of 1957. The case was brought to the Constitutional Court by three brothel owners who claimed the Sexual Offences Act, which criminalises brothels and prostitution, was unconstitutional. This came after a magistrate convicted a brothel owner and a prostitute for contravening the Sexual Offences Act earlier in the year. The conviction was appealed in the High Court. The high court found that the section of the Act criminalising prostitution was unconstitutional, but dismissed the appeal against sections of the Act criminalising the keeping or running of a brothel. Discriminatory to women The Constitutional Court gave two judgments - the minority judgment found that because the provision made the prostitute the primary offender and the patron an accomplice, it was discriminatory, reinforced sexual double standards and perpetuated gender stereotypes. On these grounds the minority judgment found it to be unconstitutional. The majority judgment said the provision criminalised both male and female prostitution and was therefore not discriminatory, and was constitutional. By majority, they therefore refused to confirm the high court order which would have decriminalised prostitution under the existing legislation. The sentences handed down to the brothel owner and prostitute in the magistrate's court were reinstated. Violent abuse by customers and pimps The commission said it would continue to advocate for change to the Sexual Offences Act as it discriminated against women. But another organisation, Doctors For Life International (DFL), said in a statement on Wednesday that it was "delighted" with the judgement upholding the law against prostitution. DFL was a witness for the state when the case started in the lower courts and also in the Constitutional Court case, again testifying on behalf of the state. DFL gave evidence that prostitution was degrading to women as it was conducive to the violent abuse of prostitutes both by customers and pimps. Prostitution also encouraged international trafficking in women, led to child prostitution, intensified the spread of sexually transmitted diseases, especially HIV-Aids and was often accompanied by a high degrees of drug abuse. Legalising prostitution would not change this, DFL said, quoting the majority judgment which read: "Despite the romantic notion entertained in some quarters that all will be well with the world of prostitution if only the criminal law is removed, the practical truth, it seems, is that it will not. "All of the opportunities for damage, abuse, and exploitation remain." |
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