Sex workers in Belgium are now able to sign formal employment contracts and gain labor rights similar to those in other fields of work, under a new law enacted on Sunday, December 1.
The law grants sex workers labor rights such as the right to refuse clients, choose their own practices, and stop a sexual interaction if they deem it necessary. Under the new law, they can now also receive pensions and maternity leave.
This new law builds on Belgium’s decision to decriminalize sex work in 2022. In addition to the aforementioned benefits, the new law will also establish working hours for Belgian sex workers and grant them pay and safety measures.
The law legitimizes sex workers in Belgium
Many commentators and advocacy groups have claimed that the passing of this law finally legitimizes Belgian workers before their state, as they had previously been considered illegitimate.
This law will also be revolutionary for employers, as they will have to apply for state-issued authorization to hire sex workers.
Indeed, before the law was passed, hiring someone for sex work in Belgium would automatically make that individual a pimp even if the hiring was consensual.
It is also worth mentioning that “independent” sex work remains legal but largely unregulated. However, hiring and violations of the law will be prosecuted by Belgian authorities as needed.
Despite this revolutionary regulation, many critics of the law have said it cannot address the complexity of sex work in Belgium, where tackling this matter remains especially challenging for undocumented sex workers.
Human Rights Watch Says sex work decriminalization is a “data-backed policy” that mitigates issues
The law that was passed in favor of Belgian sex workers is unprecedented, as no European country has laws as comprehensive as the ones just introduced by Belgium. International bodies such as the United Nations and Human Rights Watch continue to encourage countries to implement similar laws.
Many advocacy groups have stated research shows that criminalization of sex work increases sex workers’ risk of becoming victims of murder, police abuse, and other violent crimes. Their ability to secure safe and appropriate housing is also compromised. Crucially, however, there is no indication that criminalization reduces sex trafficking.
This law aims to protect Belgian sex workers from sexual exploitation. Erin Kilbride, who is a Human Rights Watch researcher for the Lesbian, Gay, Bisexual, and Transgender Rights Program, said that sexual exploitation is often experienced in unregulated conditions.
“In practice, sexual exploitation can take the form of wage theft, forced relocation, punishment for taking breaks, unhygienic conditions, and a lack of autonomy over how many clients they see,” says Kilbride, adding that Belgium’s law tackles these issues “head-on.”
Kilbride also suggested that for the Belgian sex work law to “live up to its potential,” instead of subjecting sex workers to increased policing and harassment, authorities should focus on workers who cannot or will not sign employment contracts, such as undocumented individuals in the country.
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