‘Give sex workers employee benefits’ - Government urged to formalise industry

December 02, 2024

As some countries around the world move to extend legal protections to sex workers, some locals who ply the trade believe they, too, should be entitled to the same benefits.

Starting yesterday, Belgian sex workers are now able to sign formal employment contracts and gain labour rights on par with those in other professions. The groundbreaking legislation grants sex workers sick days, maternity pay, and pension rights, the first law of its kind in the world. The legislation also establishes rules on working hours, pay and safety measures, addressing a long-standing gap in legal protections for those in the industry. This new law was passed in May, and aims to treat sex workers like any other employees, offering them legal rights and protections in a bid to reduce exploitation and abuse.

But for many sex workers in Jamaica, like Rose*, the fight for such benefits is just beginning.

"We are human beings, too, and nuh because we a 'sell' mean seh we nuh deserve good things," Rose told THE STAR. "Mi know seh we nah guh ever get it, but it would a nice fi have." She opined that granting sex workers the same benefits as other workers would increase their safety.

"Weh we duh dangerous, and if we did have rights like everybody else, certain things wouldn't happen; and mi think seh people woulda see wi different and deal wid wi different. Because as much as we a provide a service weh nuff man want, people deal wid we like wi a nothing sometimes," Rose said.

Father Sean Major-Campbell, a priest in the Anglican Diocese of Jamaica and the Cayman Islands, told THE STAR that despite prostitution being illegal in Jamaica, giving sex workers the same rights as other workers would not only benefit them, but society as a whole. He also said that the Government should consider decriminalisation the act because "criminalising it won't stop it".

"Decriminalising sex work does not invite people to do anything that is against their belief or moral values. But the people involved still need to be protected," he said, adding that the principle of equality is a fundamental human right, and sex workers should not be denied access to basic benefits just because of their profession.

Similarly, Wayne Chen, the head of the Jamaica Employers' Federation, told THE STAR that "the legality or illegality of what you do should not deprive you of basic benefits".

"What we're pushing for is a universally accessible safety net that is available to everyone, regardless of whether you're in the formal or informal economy," he said.

"What we do push for is a universally accessible social protection. So it wouldn't matter what you do ... the benefits would accrue to you as a citizen, not just as a worker," Chen explained. "So, it's on the basis that a well- organised society creates a floor that nobody falls below that floor."

In Belgium, employers must now obtain authorisation, adhere to strict safety protocols, and meet background requirements, including no prior convictions for sexual assault or human trafficking. They must provide clean linens, condoms, and hygiene products, and install emergency buttons in workspaces. Independent sex work remains permitted, but unregulated third-party hiring or violations of the legal framework will be prosecuted.

Critics argue that the law cannot fully address the stigma and risks tied to the trade, especially for undocumented sex workers. While countries such as Germany and the Netherlands have legalised sex work, none have implemented labour protections as comprehensive as Belgium's.

*Name changed to protect identity.

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