Belgium has become the first country to grant sex workers employment protections such as sick leave, maternity pay, and pension rights under a groundbreaking new law. Approved in May and enacted recently, the law aims to grant sex workers the same rights as other employees.
This reform seeks to address issues of abuse and exploitation in the sex work industry, providing safeguards that previously did not exist despite the decriminalization of sex work in 2022. These protections reflect a commitment to improving working conditions while addressing gaps in prior legislation.
The new law requires sex workers to have formal employment contracts, offering them legal protection and access to essential labor rights like unemployment benefits and health insurance. Additionally, sex workers can now refuse specific clients or sexual acts without fearing dismissal. This aspect of the law emphasizes their autonomy and safety, reinforcing their right to cease participation at any time without penalty.
The law also sets strict standards for employers, who must demonstrate good character, register their businesses in Belgium, and maintain premises that meet specific safety and hygiene standards, including panic buttons, clean linens, and access to condoms. However, these protections exclude certain forms of work, such as home-based services, striptease, and pornography. This exclusion has sparked debates about the scope and inclusivity of the law’s protections.
While the Belgian Union of Sex Workers has welcomed the law as a significant step in ending legal discrimination, it expressed concerns about its potential misuse. The union warned that some municipalities might exploit safety and hygiene provisions to impose excessive regulations that could effectively ban sex work in their jurisdictions. Such local restrictions could undermine the law’s intention to safeguard sex workers’ rights.
The law has also faced criticism from feminist organizations, which argue that it normalizes and institutionalizes what they consider a form of sexist violence. The Council of Francophone Women of Belgium has warned that the legislation could have detrimental effects, particularly for young girls and victims of trafficking.
They contend that legalizing protections for sex workers does not address the underlying societal issues associated with the industry and may hinder broader efforts to combat exploitation and violence.