How should prostitution be regulated? : the application of foreign systems into our law

Abstract

The present work is a study on determining which regulatory approach would be the most suitable to govern the topic of prostitution in Malta. Prima facie, it was seen that our law does not state anything on prostitution in fact it does not even provide a definition. Only certain provisions relating to offences in connection with this sector are addressed. This calls for attention since prostitution is undeniably part of every society, and has been with us from the earliest of times. It is being practiced on a daily basis and therefore, it is time for this to be recognized as a type of employment, providing individuals working in such field with the rights and benefits that they deserve. The process followed by the writer involved a detailed evaluation of the two potential scenarios, specifically their disadvantages and advantages. By undergoing this analysis, the consequences of each model were seen more clearly and it was there that the author could find a way of comprehending the effects of the systems at hand. This process revealed that neither one nor the other could be copied exactly, word by word into our own legislation, but a middle way between the two has to be developed. Various Maltese legal acts were studied, so that a proper implementation can ultimately be carried out. Additionally, the rights of both the prostitutes and clients were investigated so that a more holistic approach is taken. The present author concludes that Malta is on the right track in its evaluations and discussions on the topic but the model chosen should not be based solely on an already existing one, but rather it should be the Maltese nation and most importantly the prostitutes who come up with the basis of such a model. It is only with this mindset, that the regulation would be effective and beneficial to all.