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

More documents

Recommendations

Info

PIVOT LEGAL SOCIETYA. I guess it should have something to do with the sex trade worker. It’s the circumstancesof what’s going on.- female off-street in-call sex workerWorking out of the family homeSex workers expressed concerns about a parent who sees clients in the family home; some participantsfelt this would be unacceptable, while others thought that it might be a viable choice for sexworkers with children. Some participants suggested that a double standard is at play whereby sexworkers who bring clients into their home are frowned on, while parents who bring several differentsexual partners into their home are not.A. One point. Just if the child sees that, and like, sees the sex trade worker, working?Then yeah, that should be considered [in custody decisions]. But other than that? No.A. Like the – the guy coming into the house and then going into the bedroom. And thenof course, they would hear what was going on. So on, so forth. Whether they saw theact or not, just – I mean, kids absorb everything, right?A. And that would really hurt them. Because they – they would never understand that.A. If it was – was kind-of – working outside of the home, then no, that should haveabsolutely nothing to do with . . . child custody. But if it is in the home, and the childsees it, yes it should have.A. But – a guy can so easily get child custody by getting the kid to lie about what thekid’s mother – its mother was doing.A. And I mean, okay. I thought about this ‘cuz it comes up every meeting and I’malways for… like in my heart, I am in agreement with it and how it should beaway from the kids but then all of a sudden my brain kicks in and I’m going wait aminute, is this two faced or what? If we’re trying to say it shouldn’t be stigmatized butat the same time we’re saying, kids shouldn’t see it, I think there’s some stigma withthat.A. That’s . . . the same thing as like having a boyfriendA. Many boyfriends coming in and the child will become gradually messed up, becauseof that. Just seeing different boyfriends coming in. So I am sure that would happenwhether they’re getting paid or not.A. It depends on how you can be present to your child when you’re having to work in thebuilding. All those things sort-of factor in, y’know?A. And saying that the child shouldn’t be there and it shouldn’t be affected, is reallytalking from the lap of luxury.A. Yes well there’s the issue of childcare. Can you find your sitter? And can you afford topay her?- female off-street out-call sex workersOne escort felt that prohibiting sex workers with children from working in the home would limittheir freedom to organize their work in the manner they deem most appropriate.A. Yeah, that’s right, what if a woman is choosing to work at home, for the same reasonsthat we do, because we like it, but she has a kid. Then what? Is she going to be forcedto then work in a massage parlour, with all of the complications? Working with othergirls, and all the bullshit being the employer-employee, y’know?- female off-street out-call sex worker208
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformDespite the wide range of opinion about working out of the same home that children are raised in,our participants all agreed that the best interests of the child should be the paramount considerationin custody and access considerations. The same types of issues arise when it comes to child protectionlegislation.Child protectionIn B.C., the Child, Family and Community Service Act (the “CFCSA”) is the law governing childprotection services. A “child” is defined as any person less than 19 years of age. Under the CFCSA,MCFD has a legal duty to investigate reports about children who are suspected of being abused orneglected, or who may be in danger. If MCFD believes that a child is not safe, a social worker mayremove the child from the home; children who are removed live in care, usually in a foster home or arelative’s home, until a judge determines what living arrangements are in their best interests.The safety and well-being of the child must be the paramount consideration for decision-makersapplying the CFCSA 10 which stipulates that children are entitled to be protected from abuse, neglect,harm, and threats of harm. “Protection” can mean a number of things: apprehension of the childor other forms of intervention, such as family support services, supervised care, or a combinationof these measures. 11 According to the CFCSA, protection may be required in several circumstances.Protection is warranted when a child has been or is likely to be physically or sexually abused orexploited by the child’s parent, 12 or by some other person and the child’s parent is unable or unwillingto protect the child. 13 Protection is warranted when a child has been or is likely to be physicallyharmed due to neglect by a parent, 14 or if the child is emotionally harmed by a parent’s conduct. 15Also, protection may be necessary where parents are unable or unwilling to care for the child, andhave not made adequate provisions for the child’s care. 16Parents facing the removal of a child or children through the application of the CFCSA havecertain rights under the Canadian Charter of Rights and Freedoms. A parent whose child has beenapprehended has the right to legal information, to be represented by a lawyer, and to know about thecourt process and the options available, as well as the consequences of any court decisions or actions.Also, parents have the right to due process and to make a complaint about unfair procedures. 17Parental involvement in prostitution and parenting abilityParticipants believed that a parent’s involvement in prostitution should not automatically raisechild protection concerns or create grounds for the removal of a child from the family home. Sexworkers can be competent and nurturing parents; their occupation alone must not be a reason todeem children to be in need of protection. However, the prevalent stereotypes about sex workers mayinfluence the decision making of MCFD workers or the Courts. Determinations about child protectionand apprehension must not be misinformed by myths or stereotypes about prostitution Child, Family and Community Service Act, R.S.B.C. 1996, c. 46. Ibid., s. 1(1).10 Ibid., s. 2.11 Child, Family and Community Service Act, ss. 25-33.12 Ibid., ss. 13(1)(a), 13(1)(b).13 Ibid., s. 13(1)(c). Sexual abuse and exploitation include coercing or assisting a child to engage in prostitution [ss. 13(1.1)(a),13(1.1)(b)].14 Ibid., s. 13(1)(d).15 Ibid., s. 13(1)(e).16 Ibid., s. 13(1)(h).17 In New Brunswick Minister of Health and Community Services v. G.(J.), [1999] 3 S.C.R. 46, the Supreme Court of Canada heldthat a mother’s right to security of the person, protected by s. 7 of the Canadian Charter of Rights and Freedoms, was violated when shewas denied legal aid for a custody hearing after MCFD apprehended her child.209
Page 4:
PIVOT LEGAL SOCIETYPart 2: Municipa
Page 21 and 22:
BEYOND DECRIMINALIZATION: Sex Work,
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158: BEYOND DECRIMINALIZATION: Sex Work,
Page 207: BEYOND DECRIMINALIZATION: Sex Work,
Page 229: BEYOND DECRIMINALIZATION: Sex Work,
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?