Belgium made history on Sunday by becoming the first country in the world to grant sex workers the right to sign formal employment contracts, giving them access to essential benefits like sick days, maternity pay, and pension rights.
The new law, which was passed in May and officially enacted on Sunday, is a significant milestone in ensuring labor rights and protections for those in the sex industry.
The legislation guarantees sex workers a range of fundamental rights, including the ability to refuse clients, set conditions for sexual acts, and stop any act at any moment.
It marks a major shift from the country’s previous legal stance on sex work, which, while not criminalizing the offering or paying for sexual services, targeted third parties involved in the industry, such as landlords, bankers, and drivers, often accusing them of “pimping.”
“I am a very proud Belgium sex worker right now,” said Mel Meliciousss, a member of the Belgian Union of Sex Workers, UTSOPI. “People who are already working in the industry will be much more protected, and also people who are going to work in the industry also know what their rights are.”
The law addresses long-standing gaps in legal protections for sex workers. Previously, the absence of formal labor rights meant workers had to continue working during pregnancy or beyond retirement age due to a lack of financial safety nets. Now, with the introduction of access to pensions, unemployment benefits, family allowances, and health insurance, sex workers are afforded a more secure future.
Employers in the sex work industry must now meet strict requirements. They are required to obtain official authorization, undergo background checks to ensure they have no prior convictions for sexual assault, human trafficking, or fraud, and maintain sanitary premises equipped with panic buttons.
Additionally, employers are prohibited from dismissing an employee who refuses a client or declines to perform a specific act.
Sex workers have praised the law as a major advancement. “This law is a huge step forward, ending legal discrimination against sex workers by allowing a full-fledged contract,” said the Belgian sex worker union, UTSOPI, in a statement back in May.
The reforms also offer protection in areas such as working hours, pay, and safety measures, ensuring a more equitable treatment of sex workers within the broader labor market.
However, the law’s introduction has not been universally welcomed. Feminist groups have voiced concerns over the potential implications for young girls and trafficking victims.
The Council of Francophone Women of Belgium criticized the law when it was first published, calling it “catastrophic” for young girls and those exploited through trafficking. The head of the organization told Le Soir, “To assume that prostitution exists and that we must protect workers is to accept this sexist violence and not to fight it.”
Despite these concerns, the law has been hailed by many as a transformative measure that legitimizes sex work in the eyes of the state and improves conditions for both workers and employers.
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Isabelle Jaramillo, coordinator of Espace P, described the reform as a “revolution,” highlighting how it improves the status of sex workers while offering greater legal and social protections.
While the law provides labor rights to sex workers employed under formal contracts, it does not extend protections to those who are self-employed or involved in activities like pornography or striptease. These exclusions have prompted some concerns that certain workers may still face challenges in securing comprehensive labor protections.
Additionally, some municipalities are already using the law’s safety and hygiene provisions to implement stricter local regulations that could make sex work more difficult to conduct in their areas.
The Belgian Union of Sex Workers warned that such regulations could “instrumentalise” the law and reduce the viability of sex work in certain regions, undermining the protective goals of the legislation.
Despite these challenges, Belgium’s new law stands as a landmark moment in the global fight for labor rights and protections for sex workers, positioning the country as a pioneer in the recognition of sex work as a legitimate profession with rights and safeguards akin to any other occupation.
