In this Article, we engage the current human rights debate that dichotomizes prostitution either as a modern form of slavery or as the exercise of the right to work. This framework effectively sets up a coercion/consent polarity. These poles raise fundamental human rights issues; both the prohibition against slavery and the right to work are matters addressed by and central to the international human rights paradigm. Yet we argue in this Article that the human rights issues raised by prostitution cannot properly be studied nor moved towards meaningful resolution in the context of the prevailing polarity. Prostitution in its current forms rightfully can be understood as having aspects both of work and of servitude.
Berta E. Hernández-Truyol & Jane E. Larson, Sexual Labor and Human Rights, 37 Colum. Hum. Rts. L. Rev. 391 (2006), available at http://scholarship.law.ufl.edu/facultypub/193