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

PIVOT LEGAL SOCIETYLicensing schemes must promote choiceSex workers repeatedly stated that the ability to choose where and how they work is a matterof central importance to their health, livelihood and well-being. Sex workers stated that municipalrestrictions on their ability to choose where to work should be minimized or eliminated:A. The only way I can think of is basically leave us the hell alone. You know, get out ofthe licensing business, allow us to advertise, allow us to work out of our home safely,you know. Personally, myself, where I live I don’t bring my tricks here. This is mysafe zone. This is my sanctuary. You know, probably more likely would, along withanother girls – I’m not saying I’m doing this – but I’d rent an apartment, split therent with a girlfriend, and that’s where we’d do our in-calls.- female off-street out-call sex workerSex workers suggested that the ability to choose where to work is the most important factor affectingtheir personal safety.Consultation with sex workersSex workers believe that they should be given a voice in any law reform process, including reform atthe municipal level – they were unanimous in asserting their right to a meaningful role in all law reformthat relates to their work.Municipal law and sex work recommendations1. Repeal ss. 210, 211, 212(1), 212(3) and 213 of the Criminal Code and then, if municipalitiesrequire sex work businesses to be licensed, create a licensing scheme for sex work businesses thatrecognizes them as such.2. Amend all municipal legislation, including the Vancouver Charter, in a way which ensures that allfuture business licensing legislation contains an exemption for individual street-level sex workers,independent escorts and “small owner-operated” sex work businesses.3. Repeal all municipal by-laws that impose disproportionately high and prohibitive licensing fees,and ensure that any licensing requirements and fees apply to sex workers and their businesses in amanner that is fair and on a par with other businesses.4. A conviction under ss. 210, 211, 212(1), 212(3), 213 should not preclude an individual frombeing granted a license, unless the conviction under s. 212(1) or s. 212(3) was one involvingviolence, exploitation or coercion, in which case discretion should be exercised by the licensingauthority.5. Create a funded task force of sex workers to provide direction on important issues, such as restrictionson business hours, advertising, and the creation of guidelines for by-law enforcement.6. Provide law enforcement personnel with education and sensitivity training with respect to theissues facing sex workers, and ensure that enforcement practices are consistent with this training.7. Provide education and sensitivity training for municipal employees who make decisions affectingsex work businesses.8. Consult with sex workers in the process of amend existing municipal licensing provisions affectingsex workers so as to promote choice for persons in the sex industry, provide for their health andsafety, and ensure that any licensing scheme is not overly restrictive or intrusive.9. Ensure that all municipal by-laws are respectful of the privacy and autonomy of sex workers.64