Belgian Law Grants Sex Workers Unprecedented Rights
Belgium has made a historic move by granting sex workers formal employment rights, including maternity leave, sick pay, and retirement pensions, under a new law that took effect on December 1, 2024. This legislation, passed in May, is a significant milestone in labor rights, marking the first comprehensive framework globally that offers sex workers protections akin to those enjoyed by other employees. According to Daan Bauwens, head of the Belgian Sex Workers' Union, this law aims to safeguard sex workers from the inherent risks associated with their profession.
Under the new law, sex workers who enter into formal contracts will also gain access to health insurance, unemployment benefits, and the right to refuse services to clients or specific sexual acts. Employers are now required to obtain a government license, which is only granted to those without prior convictions for serious offenses such as rape or human trafficking. Additionally, employers must provide essential safety measures, including emergency alarms and clean supplies, to ensure a safer working environment for sex workers.
Decriminalization and Ongoing Challenges
This legislative change follows Belgium's decriminalization of sex work in 2022, which allowed sex workers to operate legally and safely. Prior to this, sex workers were often left in a precarious position, lacking social protections and facing discrimination and violence. Erin Kilbride from Human Rights Watch emphasized that while decriminalization was a crucial step, it did not provide sex workers with access to social security until now.
Despite these advancements, the new law does not extend to all sex workers, particularly those working independently, online, or in the adult film industry. Advocates acknowledge this as a limitation but view the law as a foundational step towards broader rights for all sex workers. Isabelle Jaramillo from Espace P highlighted that while the law is a significant achievement, gray areas remain, particularly concerning street work and other forms of sex work that may still be subject to municipal regulations, which can be repressive and push workers underground, increasing their vulnerability to exploitation.
