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

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PIVOT LEGAL SOCIETYA. I had social workers try to imply that my son had seen me in the act, so that theycould keep him…because they wanted to take my child into permanent custody.A. I think welfare like, literally, or . . . specific social workers, and these workers inparticular that they’re . . . totally discriminating against sex workers. And . . . it’s justlike, I don’t care what happens, I want your kid away from you because you do thisas a living and I don’t like it.A. So when it comes to child custody, the father can fabricate the stories, child welfarecan fabricate the stories and the mother is devastated . . .A. Women really don’t have very much power in this society, do they?- female off-street out-call sex workersOne escort mentioned other factors that are stereotypically associated with the decision to engage inprostitution – such as drug and alcohol use – and expressed concern that they might influence, or bethought to influence, a sex worker’s ability to care for a child. However, sex workers argue that thestereotype that drug use and prostitution are automatically linked is erroneous – a contention borneout by Canadian research 23 – and thus very harmful. Some sex workers certainly do use illicit drugs,but many do not, a profile that characterizes many occupations:A. It’s another job, like any other job, you know. She can still be a good parent. A lot ofwomen I know are in this job because they have . . . you know, they’re single mothers,they are supporting their children as best they can, and they love their children. Aslong as they’re not exposing them to drugs and doing drugs in their house . . . but youknow that’s a different issue. There’s a lot of straight people that do drugs, or unemployedpeople who do drugs, so just because you’re a sex-trade worker it doesn’t . . .no, you should still be allowed to have your children.- female off-street out-call sex workerWhile many participants agree that the ability of some sex workers to parent may be affected by theiraddiction or use of drugs, the parental competence of sex workers must be evaluated on a case-by-casebasis. Sex workers should not be subject to stereotypes linking prostitution and addiction.Many participants raised the issue of whether it is appropriate for sex workers to carry out theirwork in their home. Many argued that prostitution should not occur in homes where children residefor fear it could be detrimental to a child’s well-being.A. I don’t think being a prostitute has any bearing on whether or not you can care foryour child. I think a lady of the evening, or working women can care for children solong as they are not working out of the home.- female street-level sex workerMany sex workers felt that children could be adversely affected by seeing clients come and go from thehome.A. I mean if you go to work, and that’s your job, and you go to work, and you – youcome home, then I don’t think that would affect your child. I think that if you workat home the way I do then definitely it affects your child because they see men comeand go and like you said earlier sex trade work is degrading for women. What kind23 Committee on Sexual Offences Against Children and Youth. Sexual Offences Against Children, Ottawa: Supply and ServicesCanada, 1984) and The Special Committee on Pornography and Prostitution, Pornography and Prostitution in Canada. (Ottawa.Supply and Services Canada, 1985).C. Benoit and A. Millar. Dispelling Myths and Understanding Realities: Working Conditions, Health Status, and Exiting Experiences of SexWorkers, online: Cecilia Benoit, University of Victoria .212
BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law Reformof respect will your son or your daughter have for you, if they see you – I don’t thinkthey should see that. I think if you have children and you are in sex work you shouldwork outside the home. Still absolutely, if that’s the job that you want to do, then youshould absolutely do that, but you should do it outside the home . . .A. I agree. Not around children.A. I don’t think that people with children should work out of their home. Like, I don’tthink you should use that home. If there’s children in the home, there should be no sextrade going on in that house. Then you need to rent an apartment with a girlfriendand you need to go to work everyday and send your children to daycare, and youshould not bring it to your house if there’s kids. It’s just not right.A. I have never met a woman, who has children, that is happy in heart about what sheis doing, when she does – when she works out of her home. Y’know, they are alwaysnervous about the kid waking up, and there seems to have been, I have dealt withextra guilt over that. So, that’s the only thing that I have about operating out of yourown home. And the safety factor – who’s, y’know, who’s going to be there for you ifyou need somebody? But, I mean, if a woman sucks in some regular customers, andit’s a happy home-based business, I think that’s kind of – y’know the best solution?Y’know, for some people? But, for women with kids, the system does not seem to workvery well, in their own homes.- female off-street out-call sex workersOther participants disagreed with the argument that a parent engaging in prostitution in the familyhome would adversely affect children.A. What about a single mother who is dating? Or there’s a new guy coming for every . . .A. Yeah, yeah. Like, I agree, completely. That’s no better than when you are gettingmoney for it.A. Well that’s – when it’s labour you are respecting yourself, it is your labour . . .A. When you are getting money for it, you are offering yourself, you are employing yourselfand that should be given a bit more respect.A. Well exactly! I think it should be that kids should see that.- female off-street out-call sex workersThe divergence of opinion suggests that decisions regarding whether children are in need of protectionin such a situation should be made on a case-by-case basis. Judges must be cognizant of the fact thatsex work is not a homogenous industry; sex workers are a diverse group. As such, they must be treatedas individuals, and their ability to parent must be assessed as objectively as possible. Education ofjudges may be necessary to ensure that stereotypes and biases about the nature of prostitution do notinfluence judicial decision making.Family law recommendations1. Protecting their safety and human rights is the best way to support sex workers to be positiveparents. The health and well-being of a parent is central to the health and well-being of a child.2. Educate judges, lawyers, mediators, MCFD officials and the general public that a parent’s involvementin prostitution should not automatically be relevant to the determination of the best interestof the child, nor does it automatically mean that a person is an unfit parent.3. In child protection cases, determinations that a child is being harmed or neglected must be madeon a case-by-case basis after a consideration of all relevant factors, and should not rely on stereotypesand assumptions about sex workers.213
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Beyond Decriminalization: Sex-work, Human Rights and a New ...

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