Belgium Introduces Groundbreaking Law Granting Sex Workers Employment Rights, Including Maternity Leave and Pensions

Warning – this content includes descriptions of a sexual nature. Sophie, a sex worker in Belgium, recounts her experience of working “while I was nine months pregnant” and engaging in “sex with clients one week before giving birth.” She describes managing her profession alongside raising five children as “really hard.” Following the birth of her fifth child via Caesarean section, Sophie was advised to observe six weeks of bed rest. However, she states this was not feasible, leading her to return to work without delay. She explained, “I couldn’t afford to stop because I needed the money.” She believes her circumstances would have been considerably less challenging if she had been entitled to maternity leave, compensated by her employer. This situation is set to change with a new law in Belgium, which is the first globally to introduce such provisions. Under this legislation, sex workers will now qualify for official employment contracts, health insurance, pensions, maternity leave, and sick days. Fundamentally, their work will be recognized and regulated as any other profession. Sophie comments, “It’s an opportunity for us to exist as people.” Globally, tens of millions of individuals work in the sex industry. While sex work was decriminalised in Belgium in 2022 and is legal in various nations, including Germany, Greece, the Netherlands, and Turkey, the establishment of comprehensive employment rights and contracts marks an unprecedented global development. Erin Kilbride, a researcher with Human Rights Watch, states, “This is radical, and it’s the best step we have seen anywhere in the world so far,” adding, “We need every country to be moving in that direction.” Conversely, critics argue that the sex trade inherently leads to trafficking, exploitation, and abuse, issues they contend this new legislation will not resolve. Julia Crumière, a volunteer for Isala, an NGO assisting street sex workers in Belgium, asserts, “It is dangerous because it normalises a profession that is always violent at its core.” For numerous sex workers, this profession is a fundamental necessity, and the implementation of this law is seen as long overdue. Mel recounted a distressing incident where she was compelled to perform oral sex on a client without a condom, despite her awareness of a sexually transmitted infection (STI) circulating within the brothel. She felt she had no alternative, stating, “My choice was either to spread the disease, or make no money.” Mel began working as an escort at the age of 23, driven by financial need, and soon found herself earning more than anticipated. Initially, she believed she had struck gold, but the encounter involving the STI provided a stark dose of reality. With the new legislation, Mel will now possess the right to decline any client or sexual act that makes her uncomfortable, indicating she could have approached that past situation differently. She explains, “I could have pointed the finger at my madam [employer] and said: ‘You’re violating these terms and this is how you should treat me.’ I would have been legally protected.” The legislative change in Belgium followed several months of protests in 2022, which were spurred by insufficient government assistance during the Covid pandemic. Victoria, president of the Belgian Union of Sex Workers (UTSOPI) and a former escort for 12 years, was a prominent figure in these efforts. For Victoria, this struggle was deeply personal. She views prostitution as a social service, asserting that sexual acts constitute merely “about 10%” of her work. She elaborates, “It’s giving people attention, listening to their stories, eating cake with them, dancing to waltz music,” concluding, “Ultimately, it’s about loneliness.” However, the unlawful status of her profession prior to 2022 presented considerable obstacles. She endured unsafe working environments, lacked control over her clientele, and saw a substantial portion of her income claimed by her agency. Victoria also recounts being raped by a client who had developed an obsession with her. Upon reporting the incident at a police station, she states that the female officer was “so hard” on her. Victoria recalls, “She told me sex workers can’t be raped. She made me feel it was my fault, because I did that job.” She departed the station in tears. All sex workers interviewed indicated that they had, at some point, faced pressure to perform acts against their will. Consequently, Victoria holds a strong conviction that this new legislation will enhance their lives. She argues, “If there is no law and your job is illegal, there are no protocols to help you. This law gives people the tools to make us safer.” Under the new legislation, individuals who manage sex work (pimps) will be permitted to operate lawfully, provided they adhere to stringent regulations. Those with convictions for serious crimes will be prohibited from employing sex workers. Kris Reekmans, who, along with his wife Alexandra, operates a massage parlour on Love Street in the small town of Bekkevoort, states, “I think many businesses will have to shut down, because a lot of employers have a criminal record.” The massage services they provide to clients encompass “tantra” and “double pleasure.” During our visit on a Monday morning, the establishment was fully booked, which was unexpected. We were given a tour of meticulously furnished rooms featuring massage beds, fresh towels and robes, hot tubs, and a swimming pool. Kris and his wife employ 15 sex workers, and they emphasize their commitment to treating them with respect, ensuring their protection, and offering competitive salaries. Kris expresses his hope that “the bad employers will be shut out and the good people, who want to do this profession honestly, will stay – and the more the better.” Erin Kilbride of Human Rights Watch shares a similar perspective, asserting that by imposing restrictions on employers, the new law will substantially “cut away at the power they have over sex workers.” However, Julia Crumière contends that most of the women she assists primarily seek support to exit the profession and secure a “normal job,” rather than labor rights. She states, “It’s about not being outside in the freezing weather and having sex with strangers who pay to access your body.” Belgium’s new legislation mandates that every room where sexual services are provided must include an alarm button, designed to connect a sex worker with their designated “reference person.” Yet, Julia maintains that ensuring the safety of sex work is impossible. She questions, “In what other job would you need a panic button? It’s not the oldest profession in the world, it’s the oldest exploitation in the world.” The regulation of the sex industry continues to be a contentious topic worldwide. Nevertheless, Mel believes that moving the profession out of obscurity will unequivocally benefit women. She declares, “I am very proud that Belgium is so far ahead,” adding, “I have a future now.” It is noted that some names have been altered to safeguard individuals’ safety. Copyright 2024 BBC. All rights reserved. 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