By Evridiki Fatolia,
The new Belgian legislation, which took effect this past weekend, provides sex workers with formal employment contracts and legal protections akin to those of other employees. In a legal breakthrough that some are calling revolutionary, sex workers in Belgium can now enter into formal employment contracts and obtain labor rights comparable to those in other professions. Additionally, the new legislation provides sex workers with fundamental rights, such as the right to refuse clients, select their practices, and halt an act at any moment.
In May, Belgian lawmakers voted on the legislation, which took effect on Sunday. This comes after Belgium’s decision in 2022, to decriminalize sex work. With the aim of fighting abuse and exploitation in the industry, the law guarantees that sex workers can now access health insurance, paid leave, maternity benefits, unemployment support, and pensions. Additionally, the legislation sets forth guidelines regarding working hours, remuneration, and safety precautions —thereby addressing a long-existing deficiency in legal protection for individuals within the industry. Now, employers are required to get authorization, follow stringent safety protocols, and fulfill background criteria that include having no previous convictions for human trafficking or sexual assault. They are required to supply clean linens, condoms, and hygiene products, as well as to set up emergency buttons in work areas.
According to Sophie, a Belgian sex worker, “I had to work while I was nine months pregnant.” “One week prior to giving birth, I was having sex with clients“. It’s “really hard” for her to balance her work with being a mother of five. Sophie was advised to stay in bed for six weeks after giving birth to her sixth Caesarean kid. However, she claims that was not an option and that she returned to work right away. “I needed the money, so I couldn’t afford to stop“. If she had been entitled to paid maternity leave by her company, her life would have been considerably simpler. This will now be the case under a new law in Belgium that is the first of its type worldwide. Official job contracts, health insurance, pensions, maternity leave, and sick days will all be granted to sex workers. It will basically be handled just like any other job. “It’s a chance for us to be human,” Sophie explains.
Tens of millions of people work as prostitutes around the world. Sex work is allowed in a number of nations, including Germany, Greece, the Netherlands, and Turkey, and was decriminalized in Belgium in 2022. However, creating work contracts and rights is a first for the world. Human Rights Watch researcher Erin Kilbride said, “This is radical, and it’s the best step we have seen anywhere in the world so far. Every nation must be heading in that direction“.
While independent sex work is still allowed, unregulated hiring from third parties or breaches of the legal framework will face prosecution. Nonetheless, certain critics contend that the law is inadequate for tackling the stigma and dangers associated with sex work, particularly for individuals lacking documentation. While certain countries, such as Germany and the Netherlands, have made sex work legal, none have introduced labor protections that are as extensive as those in Belgium.
References
- Belgium’s sex workers get maternity leave and pensions under world-first law. BBC. Available here
- Belgium’s sex workers win maternity pay and pension rights in world first. The Guardian. Available here
