A groundbreaking law in Belgium has granted sex workers the right to formal employment contracts, which include benefits such as sick pay and maternity leave. This legislation, passed by Belgian lawmakers in May, marks a significant milestone in labor rights for this industry. Sex workers who enter into these contracts are now entitled to a range of rights and protections that are typically extended to employees in other sectors, including health insurance and unemployment benefits.
"Belgium has set a global precedent by establishing the first comprehensive legal framework that not only grants sex workers equal rights with other employees but also safeguards them from the inherent risks of their profession," said Daan Bauwens, Director of the Belgian Union of Sex Workers. With the new employment contracts, sex workers now have access to "every kind of social protection" that is afforded to the majority of Belgian employees, according to Quentin Deltour, Public Relations Manager at Espace P, an organization advocating for sex workers' rights in Belgium that was instrumental in drafting the law.
Under this legislation, sex workers are also given the right to refuse services to a client or to perform a specific sexual act, and they have the power to halt any activity at any time. The law mandates that employers of sex workers must obtain a government license, which is only granted if the prospective employer meets certain criteria, such as having no prior convictions for rape or human trafficking.
The law also places obligations on the employers of sex workers, requiring them to provide essentials like condoms, clean bed linen, and an emergency alarm button in the workers' rooms, among other responsibilities. Previously, many sex workers had contracts with their employers or pimps, but these were legally invalid since working as a pimp was illegal. These contracts were as legally binding as those for illegal drug delivery, explained Deltour. If someone signs a contract to deliver "one kilogram of cocaine every week" and fails to do so, they cannot be legally penalized for breaching that contract. "A judge would declare, 'This contract has no value,'" Deltour clarified.
Sex workers around the world often face widespread discrimination, violence, and other human rights violations. While a few countries, such as Germany and the Netherlands, have legalized sex work, in the majority of other nations, it remains illegal to either purchase or sell sex, or both, according to the Global Network of Sex Work Projects, an international association of sex worker groups.
The new Belgian law comes two years after the country decriminalized sex work and repealed laws that prohibited third parties, such as landlords and accountants, from providing services to sex workers. These laws made it "impossible to perform the job in a normal and safe way," according to the Belgian Union of Sex Workers. "Employers were also criminalized, making it impossible to work legally in a brothel," they added.
Decriminalization in Belgium "removed any sort of criminal penalty on either the buyer or the seller" of sex, noted Erin Kilbride, a researcher at Human Rights Watch, a US-based non-profit. This was a crucial step in protecting sex workers from violence, for example, but it did not grant them access to social security. "Decriminalization allows you to live above ground without fear of imprisonment, but that is a low bar," she said. "Sex workers deserve the same rights and freedoms as all workers, and this law is a world first in moving us in that direction."
However, the new law does not cover all types of sex workers. For instance, it excludes those who work independently, online, or in pornographic films, said Deltour. "This is a weakness," he acknowledged. "But at least it is a first step; the door is open… we are in the door and now we are going to fight for the rights of the others."
The Belgian law represents a significant step forward in the recognition and protection of the rights of sex workers. It not only addresses the immediate needs for social protection but also sets a precedent for other countries to consider when evaluating their own laws and regulations surrounding sex work. The law's focus on safety, legal recognition, and social benefits is a testament to the growing understanding that sex workers, like all workers, deserve dignity, respect, and equal treatment under the law.
As the world continues to grapple with the complexities of sex work and its place within society, Belgium's pioneering approach serves as a reminder that progress is possible. It challenges the stigma and discrimination that sex workers often face and offers a model for how to integrate this profession into the broader framework of labor rights and protections. While there is still much work to be done to ensure that all sex workers, regardless of their specific circumstances, are afforded the same rights and opportunities, Belgium's law is a significant stride in the right direction.
The impact of this law extends beyond Belgium's borders, as it has the potential to influence international conversations and policies regarding sex work. It highlights the importance of considering the human rights of all individuals, regardless of their profession, and the need for laws that protect and empower rather than marginalize and criminalize. As more countries examine their own stance on sex work, the Belgian model may serve as a blueprint for creating a more just and equitable society for all.
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