| Summary: | 碩士 === 國立政治大學 === 法律科際整合研究所 === 106 === The amendment of the Social Order Maintenance Act followed after the issuance of Judicial Yuan Interpretation No.666 has addressed the sentencing disparity between the clients and providers of sexual services. Prior to the amendment, only parties who profit off from sexual conducts are subject to punishment, in which violates the principle of equality. Consequently, the amendment came into effect in 2011 to veer towards punishing clients of sexual services, offsetting the unequal punishment decision. In addition to the amendment, the proviso states that punishment should not apply to circumstances prescribed by Article 91-1. Under the Article 91-1, municipal or county government may enact self-government ordinances to govern the management of sex districts. However, in the absence of “sex districts” at current state, the amendment of Social Order Maintenance Act fosters an even more restrictive law environment — the prohibition of all sex transactions.
J.Y. Interpretation No.666 has only resolved the dispute raised by violation of the right to equality, yet haven’t reached the conclusion that whether the right to prostitution should be protected by law and whether the Social Order Maintenance Act is inconsistent with the constitutional principle of proportionality. This thesis discusses whether sex workers’ right to work, clients’ right to sexuality, and the third parties’ right to procurement are protected by law when it comes to prostitution. Furthermore, whether the controls over prostitution under Social Order Maintenance Act conform to proportionality will be discussed. Finally, in order to come up with a better solution to regulate prostitution, the thesis will learn from the prostitution laws in New South Wales, Australia. On review of the development of law, the existing controls, and the outcomes, then comparing to the regulations in Taiwan, it is believed to provide a foundation for analyzing the possibility of application.
The thesis concludes that the right to prostitution, the right to sexuality, and the right to procurement should be protected. Prostitution should be decriminalized and legalized. Taking the experience from New South Wales, it is suggested not to apply the “sex district” method, the sex worker licensing system, and the mandatory health check requirement. Meanwhile, with other supporting measures, prostitution can be legalized but well regulated.
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