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

More documents

Recommendations

Info

PIVOT LEGAL SOCIETYA. Your profession should have nothing to do with your ability to raise a child.A. Or the court’s decision to take a child away.A. I think that if a parent is public about it that is fine. They should be allowed to saywhat they do and it should be no problem. I think if you go public – I don’t think[being in sex work] should determine . . . the fate of the children.- female street-level sex workerMany sex workers expressed the view that ability to parent is unrelated to one’s work in the sex trade.A. I don’t think [sex work affects an individual’s ability to parent] . . . it’s the individual.I have seen girls that are wonderful parents and that are not. But I have alsoseen that when I have worked in daycare centers . . .- female off-street in-call sex workerA. Absolutely not, [being involved in sex work does not affect one’s ability to parent].‘Cuz parenting is totally different than being a prostitute. I mean being a great prostituteand a great mother at the same time, that’s – just because you are, doesn’t meanyou can’t be a great mother.- female off-street out-call sex workerAgain, several participants expressed concern about the stigma associated with prostitution, and howthat stigma might influence determinations of a sex worker’s fitness to parent:A. But the way society looks upon [sex work], y’know, no way . . . It’s an automatic unfitmother.A. Yeah but that’s society stigmatizing . . .- female off-street out-call sex workerA. Even though, I may be a good parent,all of a sudden, they stick you with, if you are asex trade worker, you’re not a good parent.- female street-level sex workerSex workers with children may be subject to having their children apprehended if their conduct isperceived to be causing emotional harm to the child. 18 Court decisions are not consistent with regardto whether a parent’s work in the sex industry constitutes emotional harm to a child that merits stateintervention. In B.C. (Director of Family and Child Services) v. K.B., 19 the Court dismissed this notionstating:. . . prostitution alone is not a reason for a continuing custody order as long as a child isadequately cared for while the mother is working or if she sleeps during the day.In B.C. (Director of Family and Child Services) v. R.P.F.M., 20 however, the Court did consider themother’s sex work to be detrimental to her child, and a factor to be considered when evaluatingwhether the child needs protection. The Court stated:No specific instances were alleged of harm to N.R.D.M. because of Ms. C.B.’s activities asa prostitute. Ms. C.B. testified that she never conducted the business of prostitution in thepresence of the children. Her lifestyle certainly cannot be said to be beneficial to N.R.D.M.It brought danger into her life, as evidenced by the fact that she was assaulted in November.Raising a child in an environment where the mother-figure is involved in an unhealthy life-18 Child, Family and Community Service Act, s. 13(1)(e).19 B.C. (Director of Family and Child Services) v. K.B. [2000] B.C.J. No. 2606 (B.C. Prov Ct.) at para 4.20 B.C. (Director of Family and Child Services) v. R.P.F.M. [2003] B.C.J. No. 780 (B.C. Prov Ct.).210
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformstyle such as this is a factor that I believe I must consider in determining if the child is in needof protection. 21In conclusion, the court stated:In this case, I find that N.R.D.M. is in need of protection as contemplated under the CFCSA.I reach this conclusion based not on any one concern by itself, but by the cumulative effectof all of the concerns raised by the Director. Each ground alone may be insufficient to showa need for protection. Taken as a whole and in light of the Court of Appeal’s comments inS.(B)., I conclude that a need for protection has been shown. The lifestyle of Ms. C.B. andits potential for emotional harm to N.R.D.M., as well as the possibility that the injuriesto N.R.D.M. may have resulted from neglect, merge together to lead me to conclude thatsomeone should be looking out for N.R.D.M. It is the combined effect of all of these circumstanceswhich bring me to this conclusion. For these reasons I find N.R.D.M. to be in need ofprotection as contemplated by the CFCSA. 22This excerpt reveals that the Courts will make a determination after looking at those circumstancesthey deem relevant; involvement in prostitution will be seen as relevant if it creates the potential forharm to the child.Our participants felt that, as long as children are well cared for, a parent’s involvement in prostitutionshould not be assumed to be harmful to a child.A. I don’t [think that being involved in sex work affects one’s ability to parent]. Peopleautomatically assume because you are a sex trade worker, you’re not a good parent. Asfar as I am concerned, I am a better parent because I will go to put my butt out onthe street, for – to make sure that I have milk for my kid, than for another parent, tosit there and watch her kid starve…A. Well, and you know, you know, what morals you stand by at home.A. Well, yeah.A. Everybody’s got different morals . . .A. Right, right.A. Different morals.A. That’s like saying a child of a doctor who performs abortions is moralistically challenged.A. Yeah, yeah.A. I mean, like c’mon! Y’know, really? And everybody has got different moral standards.A. And being able to talk to your child about sex better. Bringing them up with a betterattitude towards sex. You wouldn’t have the predators that you have now, if thechildren of the “new generation” are brought up properly . . . So no, it’s a – as far as Ithink and seen, kids that are brought up by sex trade workers are a lot more versatilethan a lot of other kids. They are not as closed-minded.A. Well-adjusted.A. Yeah. My kid’s pretty damn well-adjusted.A. Yes, she is.- female street-level sex workersSome sex workers described experiencing discrimination from MCFD because of their involvement inprostitution. They feared that their work could be misrepresented, or framed in such a way as to makethem appear to be unfit parents thereby putting their children at risk:21 Ibid., at para. 24.22 Ibid., at para. 27.211
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:
Page 159 and 160: BEYOND DECRIMINALIZATION: Sex Work,
Page 209: 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?