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Sex workers need legal protection

They deserve the right to safety in the workplace

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PHOTO: Valeria Boltneva / Pexels

By: Hailey Miller, Staff Writer

Content warning: mentions of sex trafficking and sexual violence. 

Sex workers should be treated professionally, and are worthy of respect. Canadian legislation is very behind in properly recognizing sex workers. The criminalization of sex work endangers workers’ safety and rights. In Canada, sex workers are still not protected if they experience harassment, or need to seek legal assistance. Without legislation that protects sex workers, their jobs will continue to be stigmatized both socially and systematically.

Historically, sex work has been seen as a shameful occupation and is still frowned upon by many individuals today. The stigma surrounding sex work often revolves around the assumption that these jobs are a last resort for people who are desperate to make money. This is not necessarily the case. For many, their sex work careers allow them to express themselves creatively. Some sex workers are in the profession for the benefits of making extra money to cover things like everyday expenses and tuition costs, and others genuinely just enjoy their work.

The lack of regulation for sex work makes it easier for clients to harass them, putting them at risk of violence. Bill C-36 claims protect sex workers, yet criminalizes their work by declaring it “a form of sexual exploitation.” The supposed “safety legislation” of the Bill exposes sex workers to more risks, harassment, and potential arrests. For example, Bill C-36 makes it illegal to run bawdy houses, yet they are one of the safest ways to conduct sex work. The lack of access to such houses leads to increased isolation, posing risks for sex workers. 

Another example is how some sex workers have the ability to screen clients prior to engagement in their activities. Monitoring allows sex workers more safety by weeding out potentially dangerous clients, but not all sex workers have the luxury to choose their clients due to financial restraints. This shows a systemic issue with how some sex workers can afford better protections, while others can’t guarantee their safety.

Sex trafficking is another problem that results from little regulation. For these reasons, it’s extremely pertinent to have more regulations and labour rights put in place to differentiate between what is legal and consented, and what is not. Bill C-38, which is an Act to amend the Criminal Code, was passed to prevent exploitation and sex trafficking. Strengthening protection against sex trafficking enables safety for sex workers by reducing violence and discrimination.  

Perceptions and legislation surrounding sex work still have a long way to go regarding adequate protection and visibility, as sex workers are at an increased risk of violence — with up to 50% of them experiencing sexual violence. Not only is this true for the legal system, but when it comes to sex workers seeking support and treatment in medical care, the healthcare system can still be judgemental of the profession. Interactions with professionals outside of the sex work occupation shouldn’t come with bias. Sex workers still face discrimination today — especially minorities such as disabled, BIPOC, or 2SLGBTQIA+ folks, who face higher risks due to systemic vulnerabilities. 

Today, the lack of respect and understanding for sex workers is still a problem. The stereotypes that surround these jobs are problematic and harmful to workers’ confidence, safety, health, and rights. Recently, New Westminster’s city council passed a new protection policy to promote safety and security for sex workers, in collaboration with them. Proper regulations need to be implemented to facilitate the needs and rights of the workers. Insight from sex workers must be included so that a positive shift is made to garner safety and protection in the sex work occupation.  

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