Beyond Decriminalization: Sex-work, Human Rights and a New ...

PIVOT LEGAL SOCIETYUnder the WCA, workers might also be eligible for compensation for mental stress. 40 However,compensable psychological disability must be acute, and be diagnosed by a physician or psychologist,and it must go beyond clinical depression, addiction and anxiety disorders. Such compensation istherefore rare and extremely difficult to obtain.Many sex workers described the psychological stresses associated with their work:A. There should be a similar system with sex work. For sex trade workers, they sufferfrom post-traumatic stress disorder. Tons of them do. I do . . . Or when they are inthe trade still. I mean, excessive nightmares, anxiety attacks. It’s all part of post traumaticstress disorder. A lot of that makes it very hard for someone to find work, like,legitimate non-sex work, work.- female off-street out-call sex workerProject participants also mentioned that employee benefits, such as workers’ compensation, couldprovide an incentive to work for an employer, rather than work on their own:A. Yeah I would pay into that. That’s – that’s like that’s what I was saying – like the onlyreason that I would go to a house versus working by myself would be to get that kindof protection, would be to get a Pension. You have to pull into account, hey they wantthis legalized, they wanna help us out, they want to make this a legal thing? Thegovernment wants a piece of the pie? Fine. Tax us. Pension us. Everything else like aregular job job. It also gives you maternity leave, it also gives you paid leave, workers’compensation, in case you get hurt on the job, god knows you could get lock jaw.- female street-level sex workersSection 6(1) of the WCA provides compensation for occupational diseases. 41 For example, Hepatitis Aand Herpes Simplex are covered at present. However, the Occupational Disease Recognition Regulation 42does not recognize HIV/AIDS as an occupational disease. Sections 6(4.1) and 6(4.2) give authority tothe Board to add to the occupational diseases set out in Schedule B of the Regulation. 43Although it is commonly believed that sex workers are “vectors” of disease, Canadian healthresearch indicates that the majority of sex trade workers who acquire HIV through sexual contactcontracted it through unprotected sex with a male intravenous drug user who was an intimate partner,not through a client. 44 The vast majority of sex workers who contributed to this project reportedbeing extremely vigilant and careful about condom use on the job. Nevertheless, there may be cases ofaccidental exposure. Sex workers suggested that the schedule should be revised to include HIV/AIDSso that workers in all industries who may be vulnerable to HIV exposure have access to workers’compensation:40 WCA, supra note 6, s. 5.1.41 Occupational disease means (a) a worker suffers from an occupational disease and is thereby disabled from earning full wages at thework at which the worker was employed or the death of a worker is caused by an occupational disease; and (b) the disease is due to thenature of any employment in which the worker was employed, whether under one or more employments. WCA, supra note 6, s. 6(1).42 Occupational Disease Recognition Regulation, B.C. Reg. 71/99.43 WCA, supra note 6, s. 6(4.1): The Board may, by regulation, (a) add to or delete from Schedule B a disease that, in the opinion ofthe Board, is an occupational disease, (b) add to or delete from Schedule B a process or an industry, and (c) set terms, conditions andlimitations for the purposes of paragraphs (a) and (b). Section 6(4.2): Despite subsection (4.1), the Board may designate or recognizea disease as being a disease that is peculiar to or characteristic of a particular process, trade or occupation on the terms and conditionsand with the limitations set by the Board.44 See, for example: K. Bastow “Prostitution and HIV/AIDS” (1995) HIV/AIDS Policy & Law Newsletter 2(2), online: CanadianHIV/AIDS Legal Network Homepage ;L. Jackson & A. Highcrest “Female Prostitutes in North America. What are their Risks of HIV Infection?” in L. Sheer, C. Hankinsand L. Bennett eds., AIDS as a Gender Issue (London: Taylor and Francis, 1996); P.M. Spittal, K.J.P. Craib, E. Wood, N. Laliberte,K. Li, M.W. Tyndall, M.V. O’Shaughnessey & M.T. Schechter “Risk factors for elevated HIV incidence rates among female injectiondrug users in Vancouver” (2002) Canadian Medical Association Journal 166(7).112