Sex workers in Belgium are given workplace protections
Belgium Grants Landmark Labour Protections to Sex Workers
Belgium has made history by becoming the first country in the world to grant labour protections to those working in the sex industry. The new law, which came into effect on Wednesday, offers sex workers fundamental rights such as access to pensions, unemployment benefits, health insurance, and paid leave [1].
The legislation, the result of years of consultation between the Ministries of Labour, Social Affairs, and Justice, and grassroots organizations such as the union for sex workers in Belgium (UTSOPI), has been hailed as a groundbreaking move towards recognizing sex workers as formal employees [1].
Under the new law, sex workers who sign an employment contract will be entitled to full labour rights, including the ability to refuse clients, set the conditions of, and stop an act at any moment [1]. Employers must obtain authorization and meet background requirements, such as having no prior convictions for sexual assault, human trafficking, or fraud [1].
The law also requires that the premises where prostitution takes place be clean, sanitary, and equipped with an emergency button [1]. Importantly, the law prohibits employers from dismissing an employee who refuses a client [1].
However, the law does not cover those performing pornography or striptease, nor does it specify whether it applies to sex workers who work online or through digital platforms [1].
In comparison, other European countries have taken different approaches to prostitution. France, for example, criminalizes the purchase of sexual services, reflecting an abolitionist policy aimed at discouraging demand [2]. This policy does not grant sex workers employment rights or social benefits and has been legally upheld by the European Court of Human Rights despite criticisms of the negative impact on sex workers [2].
Spain does not specifically regulate prostitution as legal employment. While pimping and related activities are illegal, prostitution itself is in a legal grey area without formal employment recognition or social benefits [4]. There are active sex worker organizations and unions like OTRAS, but Spanish courts have ruled that prostitution cannot be legally contracted as employment, denying sex workers formal worker status and associated benefits [4].
Other European countries have comprehensive anti-discrimination laws that cover various grounds and extend beyond employment. However, these laws do not explicitly recognize sex work as formal employment or guarantee social benefits specific to sex workers as in Belgium [3].
| Country | Sex Work Legal Status | Employment Rights & Social Benefits for Sex Workers | Notable Policies/Remarks | |-----------|---------------------------------------------|---------------------------------------------------------------|-----------------------------------------------------------| | Belgium | Fully decriminalized, formal employment | Full labor rights, social benefits, recognized employers | Landmark 2024 law granting broad worker protections[1] | | France | Sale legal, purchase illegal (abolitionist) | No employment rights or benefits; purchase criminalized | ECtHR upheld criminalization of clients[2] | | Spain | Prostitution legal but unregulated | No formal employment recognition or social benefits | Sex worker unions exist but employment contracts denied[4]| | Other EU countries (Finland, Germany, etc.) | Varies; mostly no formal recognition for sex work | Comprehensive anti-discrimination laws cover many areas but not sex work | No explicit employment/social benefits for sex workers[3]|
With this new law, Belgium is pioneering in officially recognizing sex workers as workers under labour law, offering protections such as pensions, unemployment benefits, health insurance, and paid leave [1]. This move is expected to improve the working conditions and rights of sex workers in Belgium, setting a positive example for other countries to follow.
- In the wake of Belgium's groundbreaking law, the recognition of sex workers as formal employees under labor law has paved the way for access to health and workplace-wellness benefits, including pensions, unemployment benefits, and health insurance.
- The legislation in Belgium, which extends labor protections to sex workers, signifies a significant stride towards promoting health-and-wellness in the sex industry, as it now includes the provision of paid leave and fair working conditions.
