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

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PIVOT LEGAL SOCIETY150A. Well I should say sex work, being in the sex trade is not an option; it’s just like asurvival thing. I mean . . . it’s usually . . . not by choice . . . . If someone were forcingyou to go back, . . . that’s like a pimp, that’s kind of saying, oh you have to go riskyour life. They do not know those circumstances. It’s not like quitting a job, becauseit’s not a job, y’know. It’s a way to live.- female off-street out-call sex workerA male sex worker felt that the danger sex workers face is a strong reason to never force anyone intoprostitution:A. I don’t think they should be forced into the trade [by an income assistance worker]because of things that could happen in the industry as being a sex worker – harmfulto the mind like bad dates and drug use . . .- male street-level sex workerIn arguing that income assistance applicants should not be compelled to prostitute, and be deniedwelfare if they do not, sex workers emphasized that prostitution is an intensely personal choice; thegovernment should not be able to influence that decision:A. I just think that would be like the government pimping you . . . it’s just up to the person.- male street-level sex workerAnother sex worker suggested that if financial aid workers are in a position to tell a person that theymust prostitute, then they should personally provide the employment training.A. You know what I’d say to [being forced into sex work by income assistance]? . . .make that worker go out and show us how to do it first then.- male street-level sex workerSeveral workers stated that women and men must have autonomy and control over the decision toenter prostitution.A. Yeah, I don’t think that’s a very good idea [to make people look for sex work in orderto qualify for income assistance]. I mean, it got to be a choice. You know, I made thischoice. It’s what I’ve chosen to do. Nobody’s made me do it. You know, it’s got to be achoice.- female off-street out-call sex workerA. [Forcing someone to find sex work before qualifying for income assistance is] governmentslavery . . . That’s enslaving a woman into prostitution by the government.- female off-street out-call sex workerA. As a sex worker you can’t have anybody say I want you to go out there and sell yourass to get this money. It just doesn’t happen. We go out there for ourselves and theminute somebody pipes in to do it for them then it’s not a good situation.- male street-level sex workerOther sex workers pointed out that prostitution is not suitable work for everyone:A. That’s sort of like saying that you could, you know, climb buildings and be a windowwasher but you’re afraid of heights or something, you know like, and not mentionthat some jobs like they can’t force you to do. Like they can’t force you to be an astronaut.They can’t force you to do things that scare the hell out of you or are againstyour religion.- male street-level sex worker
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformA. Because not everybody has the emotional control to be a sex worker, or detachment.Detachment to be a sex worker.- female street-level sex workerMany sex workers felt that prostitution is a very specialized type of work:A. I believe that it is a very hard job to do, you are basically a sexual surrogate . . . andI agree that it takes a certain . . . personality type to do that kind of job. It’s a very,very specialized occupation.- female street-level sex workerA. . . . to make people applying for income assistance go out and you know “if you don’tgo out and work on the street-you don’t get benefits.” Well of course not.A. There’s a difference between selling your ass and selling a hamburger. The hamburger’snot personal.- male street-level sex workersBy way of comparison, New Zealand’s Prostitution Law Reform Act 2003 (the “PRA”) contains aprovision which states that a person’s refusal to work as a sex worker does not affect their entitlementto income assistance or other benefits provided by the government. Many sex workers stronglysupported this approach. However, some sex workers took the opposing perspective, arguing thatprostitution should be understood as “suitable employment” for the purpose of the EAA and EAR.They believed that it is contradictory to argue that prostitution is legitimate work while also arguingthat it should not be considered “suitable employment” for the purposes of income assistance eligibility:A. Actually I’m not sure they should get benefits then if they could become a sex worker.What gives them any right to benefits like when there is something that they can dowhich others before them have had to do to survive, right? Like I mean if they wantto whine and say “Oh well, I don’t want to do that. I want benefits.” Well then theyshould work double hard to go find something else they could do, right? So they don’thave that as a last option.- male street-level sex workerA. Well if they’re gonna consider [sex work] a form of employment, right, then it shouldapply all across the board.- male street-level sex workerThat being said, there are strong arguments in favour of emulating the New Zealand model, so thatincome assistance applicants who do not want to be involved in sex work are not forced to by the state.Two-year employment requirementThe EAA imposes a general requirement, subject to numerous exceptions, that in order to qualifyfor income assistance applicants must have worked for at least 840 hours in each of the two yearsprior to making an application. At the present time, hours worked in prostitution are not consideredlegitimate employment, nor do sex workers necessarily accurately record them. For this reason, weasked sex workers if their hours worked should be considered as contributing to the 840 hours and, ifso, how would they go about maintaining a record.Participants took the view that applicants should be allowed to include hours spent in prostitutionin order to meet this requirement. Prostitution Reform Act, 2003 (N.Z.) 2003/28, s.18 Employment and Assistance Act, s. 8; Employment and Assistance Regulations, s. 18.151
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