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

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PIVOT LEGAL SOCIETYsex workers were concerned that prostitution income, once declared, would be deducted from theirincome assistance. In order to remedy this situation, be it in a criminalized or decriminalized context,the B.C. government should raise its income assistance amounts to reflect the realistic cost associatedwith having a reasonable standard of living. In addition, the B.C. government should grant earningsexceptions to all income assistance recipients.Three-week waiting periodBefore an income assistance applicant qualifies for income assistance, he or she must complete athree-week work search. During this “three-week waiting period” the applicant does not receive anyincome assistance. This waiting period means that some people may have no financial resources forweeks at a time; as a result, they may have to engage in prostitution to survive.Several respondents stated that a three-week waiting period is inappropriate for persons indesperate need, and for sex workers who are trying to exit the sex industry.A. Those three weeks [of waiting for income assistance] screwed as far as I am concerned.I mean you got to consider that most people, if they’re in the survival sex trade say,they are not usually there because that is their first job of choice.- female street-level sex workerA. And that three weeks is a long time to wait. I mean, who’s to say you are going tomake your money for the three weeks, that you are going to be able to eat for the nextthree weeks while you are waiting for welfare? That’s not necessarily true. Just becauseyou are in the sex trade, does not mean that you make a lot of money. Not always.There’s lots of days that you don’t make nothing. three weeks is a long time to wait forwelfare.- female off-street out-call sex workerA. Well there’s three chances – I mean three weeks of chances to go missing and getharmed. So it could mean loss of children, loss of life, loss of livelihood cause you gota month of hurtin’ cause you can’t turn the tricks no more. Then you got three weeksof that.- female off-street out-call sex workerRegardless of whether adult prostitution is decriminalized, the province should eliminate the threeweekwaiting period. This legislative change is necessary in order to assist sex workers who wish toexit the industry and to ensure that no one is forced to enter prostitution as a result of having to waitthree-weeks for income assistance.Employment InsuranceThe Employment Insurance (“EI”) program is administered through the Government of Canada’sDepartment of Human Resources and Skills Development (“HRSD”), and is set out in the EmploymentInsurance Act (the “EIA”). The legislation says that employers must make deductions from eachemployee’s paycheque and remit those funds to HRSD which then provides insurance to employeeswho experience periods of unemployment. “Regular benefits” are available to employees who losetheir job through no fault of their own, such as shortage of work, redundancy, or seasonal lay-offs. EIalso funds maternity, parental, and sickness benefits. EI provides for compassionate care benefits if anemployee has to be away from work temporarily to provide care or support to a family member who isgravely ill with a significant risk of death. EI is only available to employees; consequently, in the case Employment Insurance Act, S.C. 1996, c. 23.154
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformof independent contractors, an employer is not required to make EI deductions or remittances.When an employee applies for EI benefits, he or she must provide a extensive personal informationto HRSD, including their Social Insurance Number, a “Record of Employment” from each jobheld over the previous 52 weeks, complete bank information, a detailed version of facts if an employeequit or was dismissed from any job in the last 52 weeks, and details regarding the most recent employmentand the salary received. If applying for sickness or compassionate care benefits, an applicantmust provide a medical certificate.Sex workers supported the idea of participating in the EI program. One explained her predicamentwhen unable to work and had no safety net to carry her through a period of unemployment.A. I, right now, have nothing. And it has been really hard trying to get up and there isno services really . . . And even what is there, just everything has been cut. So if therewas unemployment [insurance], if they are paying from . . . [the] money that theymake, then they would receive unemployment, an income insurance, so I think thatis a good idea. And than that protects them to come back into y’know – it decreasesthe amount of space between the square world and the live world by allowing it tohave something integrated. Y’know, it’s like a, what would you call it? Just a packagein-between. So it makes it kind of easier.- female off-street out-call sex workerMuch like any other kind of worker, sex workers face periods of unemployment, including maternityleave:A. . . . maternity leave is something that interests me. Because I have so many peoplejust go on really hard times because, again, people don’t have any savings in this business.And I am sure the hard person in all of us, says, oh that’s their own fault, then.Why aren’t they more responsible? Why don’t they manage their own money? Blah,blah, blah. But it doesn’t really matter why. The fact of the matter is – they don’t. Noone ever really has any money. No one is a broad term. Ninety-five percent, doesn’thave any money saved. So, when they find out that they are pregnant, and no oneever really plans a pregnancy, unless they have money saved. So, let’s say most peoplehaven’t planned their pregnancy, and they find out they are pregnant, they realisticallyhave four more months to make enough money to last another year – which isvirtually impossible. And this is where you see people, taking a lot of chances. This is– these are the girls that will steal from clients, these are the girls that will steal fromeach other, these are the girls that are all of a sudden – they are desperate, becauseno matter what, by about the five month mark, they can’t hide it anymore. And theyhave zero income, and they go from a lifestyle of a 25 hundred dollar a month rent,$800 car payment and you can’t go from that lifestyle to no income. Where do yougo? Where do you go get a job at five months pregnant and for what kind of money?So maternity leave is an interesting one. Because I don’t know what the solution is?But there’s need to be something in place for – I don’t know. I don’t know what. Thenyou have people hiding their pregnancy.- female massage parlour owner, former sex workerMany sex workers felt that they would benefit considerably by being eligible for maternity leave:Q. Yup, what about EI and maternity leave?A. Oh for sure, that would be wonderful. I always think about that, I’m thinking abouthaving a baby lately and I’ve just been like scrimping my money together becauseobviously you can’t work when you are pregnant. I have been thinking a lot about155
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