Clay Nikiforuk: What we should tell Peter MacKay about sex workers
Criminalization of sex work impedes the constitutional right of sex workers to life, liberty and security of the person, a fact the Supreme Court has already recognized with the Bedford case. Nevertheless, Justice Minister Peter McKay has announced that leaving the status quo of full decriminalization is not an option, and has opened an online public consultation on the legal status of sex work.
On its face, opening up this contentious area of government policy to public input might seem like a good idea. But as noted by sex worker Celine Bisette in a National Post oped earlier this week, it places the everyday security of sex workers in the hands of a broader population which, however well meaning, has little understanding of their realities. In this prejudged charade of a consultation, sex workers are being forced to watch their right to physical, social and sexual safety debated in front of them, all set to cries of “public nuisance” from a choir seemingly oblivious to how they (and the sex workers themselves) would benefit from the workplace rights which sex workers desire.
We must remember that violence, coercion, rape, stealing, blackmail, child pornography, child prostitution, kidnapping, murder and slavery are already illegal in Canada. However, it seems that when the horrors of violent pimps and human trafficking are evoked, it is forgotten that decriminalization of sex work does not mean that these unlawful acts of violence and exploitation would also be tolerated. One can support decriminalization while opposing violence — in fact, it is one of the best strategies to prevent and punish violence against sex workers.
With decriminalization, sex workers can work together indoors (which has repeatedly been shown to be the safest method), can pay taxes, can screen their customers thoroughly, can hire guards and drivers, and even unionize. Most importantly, they can report crimes committed against them to the police without fearing of being arrested themselves.
This is the safest, most reasonable course of action. But the greatest impediment to implementing it is the naive belief that the right set of regulations will eventually discourage sex workers and their clients from existing. Canadians must come to accept that sex work and sex workers will always exist, because the longer we fail to do so, the greater danger posed to the people engaged in this work
Research findings in developed countries which have attempted to regulate sex work have found that criminalization, whether by outlawing sex workers or their clients, intensifies the dangers which sex workers already face — and does not make sex work disappear.
Notably, under the abolitionist model in which clients are criminalized, the number of law-fearing customers drops off, leaving increasingly desperate sex workers with a thinning pool of law-evading clients. A 2012 study in Oslo found the incidence of violence directed towards sex workers, such as threatening with a weapon or strangulation, was greater in the three years after criminalization of clients than in the 50 years prior.
Likewise, criminalizing the sellers of sexual services, as is done in America, ensures that their access to protection, justice, support networks, appropriate health care and workers’ rights are all but non-existent. It is unacceptable that laws purportedly meant to empower sex workers instead endanger them, all while making the industry more attractive to organized crime.
Meanwhile, disease is a legitimate concern for everyone who has sex, whether paid for or not. Though sex workers are often the scapegoat when it comes to STIs, it is the customers who trick, bargain or coerce sex workers into unprotected sex who are largely responsible for the spread of infections. It would be interesting to copy New Zealand’s model, instituted in 2003, which makes it the legal obligation of customers to use barrier protection.
Erasing the reality of sex work is not a realistic or constructive goal. We should instead seek to empower sex workers to use all resources available to reduce the risks of their job, which would in turn help diminish many of the dangers and social problems which currently accompany sex work.
Justice Minister Peter MacKay claims that the online consultation process on the rewriting of prostitution laws will ensure the laws reflect Canadians’ values. Using tax dollars to drive a stigmatized industry further underground, where constitutional and human rights become illusory, is totally inconsistent with Canadian values. We have until March 17th to convince him.
National Post
http://fullcomment.nationalpost.com...e-should-tell-peter-mackay-about-sex-workers/