Since the beginning of December, prostitutes in Belgium have had more rights: paid vacation, paid sick leave and maternity leave, and a pension. Belgium has thus become the first country in the world to adopt a comprehensive labor law for sex workers, the German public broadcaster ARD notes on this occasion.
Any adult employed in the industry can sign a relevant employment contract and have access to social security. Working hours, pay and safety measures are also regulated in the contract. For example, employers are now obliged to install an alarm button in every room or provide employees with an alarm device if they work outside the home. "We can use them if we feel unsafe for some reason", Mel explained to ARD, an employee in the industry who prefers not to mention her last name to the media. "Before we had almost no rights. Now we finally have a law, which means support from the state", she adds.
Possible control
For Daan Bauwens from the Board of Directors of UTSOPI, an organization that represents the interests of sex workers, this is very important. "The main thing is that the work is now regulated and can be controlled by the labor inspectorate - like any other profession in this country," explains Bauwens.
This strengthens the position of sex workers, for example in their relations with brothel owners. In addition, the law eliminates formal discrimination between sex workers and other employees, and this is unique - it does not exist anywhere else in the world.
"We say: providing paid sexual services is work. But that does not mean that it is a profession like any other. No, it is not", emphasizes Bauwens.
The profession poses particular risks and the women and men who practice it must be protected from these risks, specifies the UTSOPI representative.
Incentive for permanent employment
According to estimates, there are between 20,000 and 30,000 sex workers in Belgium. Only those who want to be hired permanently will benefit from the new law. So far, no more than a third of them have done so, explains ARD.
According to Mel, there are her colleagues who value anonymity and prefer not to appear in the data of the various institutions. Another condition is that the person signing such an employment contract must reside legally in the country. And not everyone who works in the industry has legalized their stay in Belgium.
This requirement is expected to stimulate prostitutes to seek permanent employment. Among other things, this will give them greater security - for example, that they will not be able to simply lose their job, or that they will receive social benefits if they decide to leave - like any other employee, ARD points out.
Another important point, UTSOPI says, is that employers must prove that they do not have a criminal record. "For example, they must not have a conviction for exploitation, human trafficking or anything like that."
A big step for Belgium
By 2022, prostitution was legalized in Belgium, as well as in Germany and the Netherlands. But two years ago, Belgium went one step further and decriminalized sex work - similar to New Zealand, which was the first country in the world to do so in 2003.
There is a significant difference between legalizing an activity and decriminalizing it. Decriminalization usually gives sex workers full legal protection, while legalization is subject to various conditions, such as registering as a prostitute. However, this is difficult for many sex workers, as it involves family pressure, financial constraints, language barriers and other obstacles.
A change in people's mindset
With the introduction of the new labor law, there has also been a change in people's minds, says Brussels-based sex worker Mel, who also produces educational videos with the organization UTSOPI - for example, to train medical staff on the topic of sexual violence.
"They perceive you differently, people now see it more as a job, you get more recognition. And that's how it should be," she says.
According to unions, the new law will not end abuses and inhumane conditions in the industry. But it is a fact that currently no other country has such comprehensive labor protection regulations and does not do as much against exploitation in the sex industry as Belgium, ARD also points out on the subject.
Author: Catherine Schmidt (ARD)