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

PIVOT LEGAL SOCIETY152A. Absolutely [hours working in the sex trade should count towards income assistanceeligibility]A. Yeah [time as a sex worker should count towards income assistance eligibility] but ifthe people are embarrassed to admit it, I guess it can be optional. To those who don’twant to have it in the record that they did that.- male street-level sex workerWhen asked whether there should be a special exemption from the two-year employment requirementfor sex workers, some participants argued that sex workers should not be exempt:A. We don’t want special privileges.- female street-level sex workerA. Yeah, if prostitution is legalized then, yes, they should have to prove they’ve worked[in order to qualify for income assistance].- female off-street out-call sex workerSome thought that counting those hours would be either embarrassing or unworkable:A. It’s impossible to count the hours that you work per day.A. I would feel degraded.- female street-level sex workerOthers expressed concern about loss of privacy:A. The proving hours thing – What that means to me is – is exposure. Again like this is,yes it’s a business, but it’s private, it’s your sexuality. You don’t throw that out for thegovernment to look at.- female off-street out-call sex workerA. Yeah, if prostitution is legalized then, yes, they should have to prove they’ve worked.Of course if it is legalized, I can’t see how [sex workers are going to prove the amountof hours that they have worked] – how [are they] going to get receipts?- female off-street out-call sex workerThe issue of prostitution aside, Pivot believes that the two-year employment rule creates an unreasonablebarrier for individuals in need of welfare, and should be repealed. However, if this sectionof the EAA remains in force, then prostitution should be recognized as “employment” and sex workshould count as contributing to the requisite 840 hours. Further, some kind of provision needs tobe made that acknowledges the difficulties some sex workers may have in keeping track of the hoursthey work. For example, in order to accept prostitution as contributing towards the two-year requirement,employment and assistance workers may need to accept an applicant’s word. However, repealof the criminal laws relating to prostitution may result in improved systems of record keeping, such asdeclaration of prostitution earnings in income tax returns, which could be used as proof of hours ofwork in the sex industry.Declaring incomeBoth earned and unearned income is usually deducted from a recipient’s income assistancepayment. However, if a recipient is classified as a Person with Disability (PWD) or as a Person withPersistent and Multiple Barriers (PPMB) to employment, he or she is eligible for a $500 earningsexemption. To be classified as a PWD or PPMB, a person needs a physician’s opinion of a currentmedical condition. Persons with Disabilities Fact Sheets, online: Ministry of Employment and Income Assistance .