The law

Belgium, full labour rights granted to sex workers

Sex workers in Belgium will be able to sign formal employment contracts and be entitled to health insurance.

Adobestock

2' min read

2' min read

As of Sunday, sex workers in Belgium will be able to sign formal employment contracts, acquiring employment rights equivalent to those of other professions. A legal breakthrough described by many non-profit organisations in the sector as a real 'revolution'.

The new law recognises fundamental rights for sex workers, including the possibility to refuse clients, choose which services to offer and to stop an act at any time. This legislation is a further step following Belgium's decision in 2022 to decriminalise sex work.

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The decriminalisation of 2022 made Belgium the first country in Europe to completely eliminate criminal sanctions against voluntary sex work. This historic measure recognised sex work as a legitimate form of employment, legally separating it from exploitation and human trafficking. The 2022 law laid the groundwork for reducing social stigma and offering more guarantees to sex workers, but the lack of structured regulation had left some gaps in terms of rights and protections, which the new legislation aims to fill.

Benefits include access to health insurance, paid leave, maternity benefits, unemployment benefits and a pension. In addition, the law introduces specific protections with regard to working hours, pay and safety at work, thus solving one of the main problems that plagued workers in the sector.

Employers will be obliged to obtain a permit, comply with strict security protocols and meet suitability requirements, including no convictions for sexual assault or human trafficking. They will also have to provide clean linen, condoms, hygiene products and install emergency buttons in work spaces.

Independent sex work will continue to be permitted, but unregulated recruitment by third parties or violations of the legal framework will be subject to sanctions.

However, there is no shortage of criticism. Some believe that the law, while representing progress, does not fully address the social stigma and risks associated with the sector, particularly for undocumented sex workers. The latter, in fact, risk being excluded from the new protections, continuing to operate in precarious and vulnerable conditions. Furthermore, trade associations point out that the legislation does not include sufficient measures to counteract the cultural and social prejudice that still surrounds sex work, making it difficult for many workers to obtain real professional recognition.

Some critics also fear that the requirement for employers to obtain licences and comply with strict regulations may push a significant part of the sector into illegality rather than reduce exploitation. Finally, they highlight the need for constant monitoring to prevent the new system from being instrumentalised by exploitative networks that might try to circumvent the regulations under the guise of apparent legality.

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