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

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BEYOND DECRIMINALIZATION: <strong>Sex</strong> Work, <strong>Human</strong> <strong>Rights</strong> <strong>and</strong> a <strong>New</strong> Frame<strong>work</strong> for Law Reformit through boyfriends, using drugs . . . you know. Stuff like that. So if you’re careful at<strong>work</strong> you really probably shouldn’t catch it. This is my feeling . . .- female off-street out-call sex <strong>work</strong>erOne massage parlour sex <strong>work</strong>er explained that proper education enabled her to <strong>work</strong> for yearswithout ever contracting a sexually transmitted disease:A. I am not an exception. I’ve never had a cold sore. And yet, I have been very successfulin this industry. With lots of regular clients, made lots of money <strong>and</strong> been very goodat what I did, without risking my health. Like it is possible. Girls don’t have to risktheir health, to make lots of money. And I know dozens <strong>and</strong> dozens <strong>and</strong> dozens, likemyself, who’ve never had an STD. And people who, I don’t say they’ve just <strong>work</strong>eda year or two, I mean people that who had a whole career of it, had never had anSTD.- female off-street in-call sex <strong>work</strong>erReturning to the issue of enforcing m<strong>and</strong>atory condom use, one escort suggested that educationwould be the best way to encourage safe practices, even in the face of economic need:A. Once I shut the door, if I didn’t use it, who would know? I mean, how can youregulate something like that? I mean, to me, I can’t imagine having sex without one.If I’m, I’m, on the street, I need a quick fix <strong>and</strong> the guy offers me $20 extra I cankind of appreciate the desperation that some people are in, <strong>and</strong> how can you bylawsomething like that, or how can you regulate? You can’t. You can only supply them<strong>and</strong> hope for the best.Q. So the theme is education as opposed to regulation?A. Exactly.- female off-street out-call sex <strong>work</strong>erAll sex <strong>work</strong>ers – male <strong>and</strong> female, street-level, off-street in-call <strong>and</strong> out-call – wanted training, be itin the form of videos, lectures or courses. Some of them supported the idea of a licensing or certificationprogram for individual <strong>work</strong>ers. One escort explained that education should include access tomedical professionals:A. I think that um – I like to see health care, somewhere that a doctor knows I amcoming in, a doctor or healthcare for sex trade <strong>work</strong>ers . . . that is what I would lookfor the most a doctor who knows this is who I am, <strong>and</strong> that I am coming in what myrisks are <strong>and</strong> this is what they need to do, to be informed about . . . And <strong>and</strong> if wewere having, y’know, Addiction Services, <strong>and</strong> what will you do if you actually caughtup with an STD or something like that, <strong>and</strong> how you’re going to deal with it, <strong>and</strong>how you intend to do your <strong>work</strong> if you can or if you can’t, or whatever <strong>and</strong> how tokeep your clients safe. There needs to be education <strong>and</strong> services to address all of this.- female off-street out-call sex <strong>work</strong>erImproved education would give sex <strong>work</strong>ers an increased awareness of their right to a safe, violencefree<strong>work</strong>place.Safe <strong>work</strong>places <strong>and</strong> violence preventionCurrently, many sex <strong>work</strong>ers operate in a range of unsafe or harmful conditions, which includebeing forced to engage in unsafe practices – such as unprotected sex – <strong>and</strong> being subjected to physical,sexual or psychological violence. The WCA <strong>and</strong> OHSR contain several provisions that obligeemployers to ensure safe physical <strong>work</strong>ing conditions. Generally, the <strong>work</strong>place safety scheme in123

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