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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformThe viewpoints expressed by sex workers show that, when discretion is exercised without carefulsafeguards, moral and discriminatory attitudes can influence regulatory decisions. Sex workersdescribed how, at present, such discretionary decisions are made often by a municipal employee whohas no expertise with respect to the lived experiences of sex workers – without regard to protectingthe health, safety and well being of sex workers. The impact on sex workers of such “blind” decisionmakingis often negative.Sex workers suggested that, if they must be licensed, licensing bodies should be sensitive to sexworkers’ needs, and have some experience or training regarding the particular challenges that sexworkers face:A. There’s a lady here I don’t speak to much anymore, but she’s very well educated andshe’s also outspoken. And here . . . I’ve asked the city of Edmonton . . . the by-lawofficer that gives us our licenses; he’s actually just a bus driver. I mean, I don’t thinkthe guy has given anybody sex in his life, or paid for it, I don’t know. But I wantedthat job . . . his job should have went to an active sex-trade worker, or one who wantsto retire. And I don’t know if I’ve got her number on my computer, but her name is[name omitted], and she has also done a lot of work, like fighting for this, too. Andto me, somebody like her . . . like I don’t want the job personally, because I can makemore noise on the outside than on the inside . . . but somebody like her can get inthere for the licensing and the education because she’s worked street-level, and she’sworked like all different areas of the sex trade. You know, and somebody like thatshould be handing out the licenses and educating the women because they have a littlebit more understanding of what really goes on.- female off-street out-call sex workerSex workers argued that licensing bodies should be guided by clear objectives that place protection ofsex workers at the forefront, as these two Calgary sex workers explained:A. I don’t think it adds to your safety any. I mean, I’ve never known any girl that hada license and phoned the police and said “Oh my God, there’s a stalker guy after me. . . or this guy tried to beat me up” or something . . . they just basically laugh at youand say, you know, “who cares? That’s the line of work you’re in. Too bad”. But thenthey sit there and put your name in the database and say “yeah, we should arrest hersoon, you know.” I’m sorry if I see it in kind of a one-sided light but the way theytreat the women here, it’s bad. No one deserves to be killed, and no one . . . you know,you should be able to go to the police for help. You shouldn’t have to hide and fear thepolice all the time because they’re the enemy and not the client, you know, becausethey’re the ones who are going to say “too bad if we find your body . . . your type ofpeople . . . in dumpsters all the time.”- female off-street out-call sex workerA. If it was a way of keeping a head-count, you know, who’s involved in the business sothat we can better enhance your safety and care about you . . . . But it’s never usedfor those purposes. The only reason they want to license you is so they can bust youlater. Really, that’s what I found out.- female off-street out-call sex workerThe discretion of City Council to grant or refuse business licenses under the Vancouver Charter is verybroad. However, discretion must be exercised in good faith and in accordance with a valid regulatorypurpose. It is important that municipal officials delegated the authority to process and approve businesslicenses are sensitive to the needs and issues that sex workers face. Decision-makers at the municipallevel should be given sensitivity training with respect to appropriate treatment of sex workers.63