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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 ReformSection 5: <strong>Sex</strong> <strong>work</strong>ers as independent contractorsThe preceding discussion applies to sex <strong>work</strong>ers who wish to be characterized as employees so theyare able to claim benefits <strong>and</strong> protections under the ESA <strong>and</strong> other employment related statutes suchas the LRC. However, some sex <strong>work</strong>ers will prefer to <strong>work</strong> on their own as independent contractors.Others may be forced to do so as a result of their inability to secure or retain employment. Many sex<strong>work</strong>ers who remain as independent contractors may be at greatest risk in terms of having to continueto operate in unsafe <strong>work</strong>ing conditions. In response to this concern, many sex <strong>work</strong>ers expressed aninterest in establishing <strong>work</strong>ing arrangements with other sex <strong>work</strong>ers.Section 6: <strong>Sex</strong> <strong>work</strong>ers operating as a collectiveParticipants were asked for their opinion about <strong>work</strong>ing in a “collective.” For the purpose of thesediscussions a “collective” was described as a group of sex <strong>work</strong>ers with a common goal <strong>and</strong> visionthat upholds the equality of its members, <strong>and</strong> strives to ensure that its members have equal decisionmakingpower <strong>and</strong> responsibility.Some sex <strong>work</strong>ers were sceptical of the potential for a group of sex <strong>work</strong>ers to <strong>work</strong> together in anenvironment where they <strong>work</strong> <strong>and</strong> share profit:A. There’s just too much pettiness with the girls. Personally, I <strong>work</strong>ed in them, but Icould not st<strong>and</strong> being around girls with pimp, for that long period of time. And– Right. Whoever, wherever. And them being – it’s just a different mentality, beingin the business <strong>and</strong> not having your needing or wanting, a desire, or threatened byit. And whereas, it’s a competition for money, so then there’s the thing that goes onbetween girls inside the trade, inside the massage parlours, is that they want that girl– oh, she’s new, she’s pretty – she’s taking business, our money now, so then they startganging up on that person <strong>and</strong> they push her out. So that’s not really fun, either inthat fairness way, but, y’know, like all those little whiteys will stick together <strong>and</strong> dotheir stupid little things.- female off-street out-call sex <strong>work</strong>erHowever, for many others, <strong>work</strong>ing in a collective environment was an appealing concept:A. I would [prefer to <strong>work</strong> as an] independent, but more of a cooperative. Rather thanalone-independent, I think.A. Like everyone, all the <strong>work</strong>ing girls having a share in the . . .A. In the company, in the house.A. And for a full service, you would have different times when you are on duty,answering that phone. And then, y’know, the other time, when you are not, youare doing the kid-care part. And then, it could even be one separate place, but nottotally.Q. What do some other people think? Independently or for an employer?A. I’d say independently but I like the idea of a co-op too . . .A. Yeah cause its always being alone it’s . . .A. Yes, the girls would all, with the coop all the decisions would be made cooperatively.- female off-street out-call sex <strong>work</strong>ersAnother project participant felt that it would be appropriate to have an elected position within thecollective for someone to h<strong>and</strong>le complaints:143

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