Warning – contains descriptions of a sexual nature
In Belgium, sex workers have been granted comprehensive employment rights, including maternity leave, sick days, and pensions. This landmark legislation, effective from Sunday, aligns their rights with those in other professions, leading some advocates to label it a “revolution.”
With the new law, sex workers can now enter into employment contracts and are afforded essential rights, such as the ability to refuse clients, select their services, and terminate an act at any point. Following the decriminalization of sex work in 2022, Belgium has taken a significant step, setting itself apart from countries like Germany and the Netherlands by implementing such extensive labor protections.
The new regulations outline standards for working hours, compensation, and safety protocols, while also ensuring access to health insurance, paid leave, maternity benefits, unemployment assistance, and pensions for sex workers. Employers are now required to provide essentials like clean linens, condoms, and hygiene products, as well as to install emergency buttons in workplaces.
To employ sex workers, individuals must obtain authorization and adhere to stringent safety guidelines, including passing background checks that exclude those with records of sexual assault or human trafficking. Isabelle Jaramillo, coordinator of Espace P, a group that helped draft the legislation, remarked, “This is a significant advancement. It allows the Belgian state to finally recognize this profession as legitimate.”
She noted that employers will have to seek state authorization to hire sex workers, contrasting with previous laws that categorized hiring for sex work as pimping, even when consensual. While independent sex work remains legal, any unregulated hiring or breaches of the new legal framework will face prosecution.
However, some critics contend that the law does not fully tackle the stigma and dangers associated with the profession, particularly for undocumented workers. Ms. Jaramillo highlighted the ongoing need for improved police and judicial training to safeguard marginalized workers.
Our correspondent did a comparison between labor laws for sex workers in Belgium to other European countries such as Germany and Netherland. The law in Belgium compared to Germany and the Netherlands mainly revolve around the comprehensiveness of protections and the legal framework surrounding sex work:
1. Legal Status and Protection:
Belgium: Sex workers have been granted full employment rights, including access to maternity pay, sick leave, pensions, and the ability to sign employment contracts. The recent legislation establishes extensive labor protections, making sex work comparable to other professions.
Germany: While sex work is legal and regulated, the protections are less comprehensive than Belgium’s. Workers can access health insurance and some social benefits, but there are concerns about the implementation and enforcement of these protections.
Netherlands: Sex work is decriminalized and regulated, with sex workers having rights to health insurance and certain labor protections. However, there are ongoing challenges regarding the enforcement of these rights, especially for those working independently.
Employer Responsibilities:
Belgium: Employers are mandated to provide clean linens, condoms, hygiene products, and emergency buttons in workplaces. They must also obtain authorization to hire sex workers and comply with strict safety protocols.
Germany and the Netherlands*: While there are regulations around health and safety, the specific responsibilities of employers are less detailed compared to Belgium’s legislation, leading to gaps in protection and support for sex workers.
Working Conditions and Rights:
Belgium: The new laws allow sex workers to refuse clients, choose their practices, and terminate services at any moment, which enhances their autonomy and safety.
Germany and the Netherlands: There is some level of autonomy, but the rights to refuse clients and terminate services are not as explicitly protected in the legal framework.
Criminalization and Stigma:
Belgium: The recent legal changes aim to reduce stigma and recognize sex work as a legitimate profession, though challenges remain, particularly for undocumented workers.
Germany and the Netherlands: While sex work is legal, stigma persists, and there are concerns regarding the treatment of undocumented sex workers, who may not benefit from the same protections.
Regulatory Environment:
Belgium: The law introduces a more regulated approach, requiring specific authorizations for employers and compliance with safety standards.
Germany and the Netherlands: Regulations exist but may not be as stringent or uniformly enforced, leading to variability in the protection of sex workers’ rights.
Overall, Belgium’s recent reforms represent a significant advancement in labor rights for sex workers compared to the existing frameworks in Germany and the Netherlands, which still face challenges in enforcing protections and addressing stigma.
