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

BEYOND DECRIMINALIZATION: Sex Work, Human Rights and a New Framework for Law ReformI do not want to call cops. They won’t do anything.- female off-street in-call sex workerViolence in the workplace is a serious issue that is dealt with at length in the section on OccupationalHealth and Safety (see page 121). Reducing violence in the workplace is central to protecting the basichuman rights of sex workers and increasing the degree to which they control the services they offer.Since each sex worker has the legal right to control what services she or he provides, employersin the sex industry are not entitled to control this fundamental aspect of their business. This issueis unique to the sex industry and creates challenges for employers who want to define their business.Sex workers were clear that, ultimately, they should maintain the right to decide what servicesthey provide. However, some workers suggested that the employer should have a role in determiningthe overall nature of their business, and this may mean enabling them to be specific about the typesof sexual services that are offered. These workers felt that once the worker is aware of the nature ofthe services that the establishment purports to offer, he or she can determine whether they want towork there. Nevertheless, for the reasons set out above, even if the worker is aware of the types ofservices that are supposed to be on offer, the establishment cannot guarantee that each staff personwill provide every service on the “menu.” A sex worker maintains the legal right to withdraw consentto perform a particular service in the context of an individual transaction. Neither sex workers norowners demonstrated an awareness of the worker’s rights in this respect.Q. So let’s talk about provision of services. Who should decide which services are availableto clients?A. Oh the women, the working women.A. The working women, yeah.Q. So if it was a situation where there is an employer, should the employer have any rolein deciding what services are available?A. Yeah, what they are comfortable . . . with too.A. The employer will be saying, I am going to be have a house that is doing bondage anddiscipline. And that’s all I am doing . . . that’s all. And non-sexual. That’s fetish, onlyfetishes. And then another house would say I am doing everything.A. Yeah, yeah. And I think that then you – the bosses and the girls – everybody couldwork where they feel comfortable.- female escort agency owner, former sex workerA number of escorts discussed the issue of control over services and illustrated the complexity of thisissue for both workers and employers.Q. If you do work for an employer who should decide what services you provide?A. Well, that again I think if the industry were right open then an establishment wouldbe known for what it provides and not all establishments would provide that service.A. It would be that sort of, simple.Q. So who should be the one to decide what services are provided?A. The employer. The employer could say that. If it was all on the up and up they couldsay if you don’t do that well then you can’t work here. I don’t think that’s any discriminationor anything.A. I think it has to be between both because certain girls do certain things and also itactually kind of depends with me, if he’s willing to pay the outrageous price, sure I’llgo for it, I’ll do it. So I think it’s up to both parties actually and also . . .A. But if you are the business person you have to have a consistent standard. You can’thave you know, just . . .95