Input Requested: Sex Worker Rights Issues

[WTF]

Of course people want the decrim model. Every industry would like that model. No government regulations is a fantasy of every industry..

[Legal Tender]

Originally Posted by Natalie

I like these.
I'd talk about race and class issues that separate the women who work on the street versus HDH women—who ends up becoming which type of SW?
Also, looking at the different perceptions society has of men versus women in the sex industry. Tyra Banks has had female sex workers on her show a handful of times, and also a male escort once. I find her pretty nasty and judgmental toward everyone in the sex industry, but the way she and her audience members reacted to the man was drastically different. I think it was emblematic of the double standards most of our society has around men and women doing sex work—or even male and female sexuality, more broadly.

This is an interesting observation. But, who thinks Tyra Banks is not a sex worker? The double standard is, of course, real. Men are really simple: feed'em, fuck'em and shut the fuck up. My view is that all women are sex workers. Some prefer to provide the wonderful pleasure that they alone can give a man in a "partnership". Those are the gals that created and really continue the double standard. Their worst fear is that the dude they are contractually fucking will find a better experience for a less binding commitment, and inherently a less expensive one. Women's attention can last a lifetime, a year, a month, a week. . . you get the idea. I certainly see the worth and virtue of agreeing to receive attention and pleasure - with the exchange of green pieces of paper with dead president's pictures on them - for an hour, or two or. . . maybe an afternoon or night.

[..]

Originally Posted by texasgoldengirl

The decrim model a la New Zealand is what sex worker activists in the US prefer.

LOL! Not just US sexworkers! the sex work legislation in New Zealand and Germany is current best-practice. And in both countries sex work was not just decriminalized but legalized.

Both laws have the same basic spirit as they give the sexworker as well as the client fair and equal rights in a legal dispute. And both laws do this by explicitly allowing legal contracts btwn. sexworker and client. [0] [1]

[0] "Sind sexuelle Handlungen gegen ein vorher vereinbartes Entgelt vorgenommen worden, so begründet diese Vereinbarung eine rechtswirksame Forderung." (German ProstG 2001, § 1)

[1] "No contract for the provision of, or arranging the provision of, commercial sexual services is illegal or void on public policy or other similar grounds." (New Zealand Prostitution Reform Act 2003, Part 2, § 7)

[..]

Originally Posted by Legal Tender

My view is that all women are sex workers.

Excuse me, but IMO this is total BS.

a) sex work is a job, which can indeed be enjoyable (sometimes very much!) but nevertheless it's a job. (honestly people that have problems seperating paid sex from love are usually the ones that tend to end up in emotional troubles.)

b) there are female, male, transgender, homosexual,, heteroesexual etc. sex workers

[Lucky40]

Originally Posted by LynetteMarie

what are some specific topics that resonate with you as an individual regarding sex worker rights?

I had numerous discussions with few owners of private houses in Netherlands and with ladies when I was sitting in the backroom observing them waiting for a client and here is what I noticed:


Mutual expectations are fulfilled most of the time:

• Dutch have a straightforward, no non-sense attitude. I found this both surprisingly and refreshing. Ladies are happy with the choice they made or at least they seem happy and the client is pleased with the service he receives. Whether a lady is self employed or not, she can’t be forced to accept a client she doesn’t want and she has a right to refuse any sexual act.

Equal protections for both the lady and the client:

• It’s a legal profession and the sex industry has revenues estimated at nearly 1 billion dollars a year. The Government has imposed conditions on the locations, organization and business operations of brothels and in doing so; the client is protected and has a choice. Also, everywhere you visit there is a special alarm system for the girls’ to use for their protection which allows the lady to work in a safe environment? Most if not all private houses have a security camera at the door.
• Ladies are entitled to social security benefits because they pay tax. The Municipal Health Services play a large role in supplying ladies with information and care as they provide a free or low-cost clinic; with mandatory medical screening every two months. The government ensures that all ladies are able to access medical care and work in better conditions. Ladies are tested regularly; they can’t work without current health certificate and the house is forbidden to provide services without a current license. The government usually inspect the house announced or unannounced. Ladies pay tax like any other profession.
• In The Netherlands many ladies have become members of a professional service union.
• Clients are encouraged to report signs of coercion and these reports are investigated thoroughly in which another layer was added to protect the ladies.

Variety and free advertising:

• In Netherlands soliciting (publicly attracting the clients' attention) is allowed and it has many forms. In other words ladies can freely use all avenues to prompt her business without fear of prosecution.

[..]

The Dutch were the first who attemped a modern reform in year 2000. Basically they only removed the paragraphs in the WvS (= Wetboek van Strafrecht / Dutch "Criminal Code" / "Code Pénal") which previously criminalized brothel keeping and "pimping" / procuring. [0][1] So, technically since 2000 it is legalized, however the practical legal situation is a total mess. [a]


The Germans in 2001 / 2002 learned from the mistakes the Dutch made with being too "laissez faire" and were the 1st country in the world with a modern legislation for legal sexwork.

New Zealand followed with a similar legislation in 2003 and is currently the only country besides Germany with a modern sex work legislation.

Currently the Dutch are still too conflicted politically on how to fix the short-comings of their status quo but one way or the other they will take some influences from the German and New Zealand legislations.


[a] Still the Dutch approach is better than the NV brothel system in the US.

[0] http://nl.wikipedia.org/wiki/Geschie...Nederland#2000
[1] http://rodedraad.nl/other-languages/...n-in-2000.html

[..]

Originally Posted by Lucky40

In The Netherlands many ladies have become members of a professional service union.

This is indeed quite unique. The sexworker group "De Rode Draad" (= The Red Thread) is a full member of the FNV ("Federatie Nederlandse Vakbeweging" / "Federation Dutch Labor Movement") which is the biggest worker union in the Netherlands.

http://rodedraad.nl/other-languages/...ade-union.html
http://www.fnv.nl/defnv/overdefnv/wa...nv/default.asp


In the UK there is a similar "joint venture" btwn. the "International Union of Sex Workers" (IUSW) and "Britain's General Union" (GMB). As far as i remember this aggreement was reached in 2002 / 2003.


In Germany something similar is in the making or at least in discussion btwn. the "ver.di" worker union and sex providers. However currently it is not fully finalized:
http://besondere-dienste.verdi.de/branchen/prostitution

[Guest042611]

Originally Posted by Legal Tender

. My view is that all women are sex workers.

Um, no.

Originally Posted by ..

Excuse me, but IMO this is total BS.

a) sex work is a job, which can indeed be enjoyable (sometimes very much!) but nevertheless it's a job. (honestly people that have problems seperating paid sex from love are usually the ones that tend to end up in emotional troubles.)

b) there are female, male, transgender, homosexual,, heteroesexual etc. sex workers

Yes!

[Ansley]

Originally Posted by Legal Tender

. My view is that all women are sex workers

So does that make all men walking ATMs?

[Rudyard K]

Originally Posted by Ansley

So does that make all men walking ATMs?

Only when they use my PIN.

[atlcomedy]

Originally Posted by Ansley

So does that make all men walking ATMs?

Originally Posted by Rudyard K

Only when they use my PIN.

You let the fellas "use your PIN"???

Well, hey to each their own

Do you enjoy it when they "push your buttons?"

[texasgoldengirl]

It's true that the Dutch started off well, but they're starting to have second thoughts about it all and are making moves to reduce the red light district in Amsterdam. There is a LOT of conflict over the legal model in Germany -- I got to listen to a talk on that in Toledo this fall. I predict Germany starts screwing around with the laws too. The entire UK is trying to change laws in an attempt to emulate both the stupid Swedish model and the insane US model.

So far, NZ is holding fast. Thank god for that. Maybe they have some sense.

XX
Amanda

[..]

Originally Posted by texasgoldengirl

There is a LOT of conflict over the legal model in Germany

Nope! Sorry this is total BS.

There are some practical problems [0][2] but they are due to the fact that in german law and daily life the so-called "principle of legal certainty" (or as the Germans call it: "Rechtssicherheit") is of utmost importance.

Anglo-saxon law doesn't have this extreme degree of "universal" and "a-priori codified" legal certainty, instead so-called "case law" is of much higher importance than in Germany. [1]


Anyway, from the philosophy of the law Germany and New Zealand follow exactly the same model re. sex work regulation.



[0] e.g. "dirigistische Zuhälterei" still exists in the StGB (= German Criminal Code) which is not really an issue in practice but from a legal point of view not fully compatible with the new ProstG.

[1] e.g. de facto all the legality in the US re. escorting and pornography comes from "case law". smthg. which avatars discreetgent, Nineveh et al have repeatedly pointed out in this forum.

[2] the most serious practical problem is actually a totally non-legal one: Germans are very strict with taxation plus some cities / regions either already have or plan a hefty "hooker"-tax / sex-tax
cf. http://www.thelocal.de/society/20100325-26117.html

[..]

Originally Posted by texasgoldengirl

... the stupid Swedish model

hehehe, ther's no Swedish model, they just have a different law philosophy.
it's a total joke.

the few femi-nazis and their allies [0] behind this bullshit, believed sex markets are supply and demand driven. They thought if the law prohibits demand, supply will vanish too. Naive thinking


[0] their allies of course are absolutly "innocent until proven guilty", yet at least one of their most fierceful crusaders against paid sex - Göran Lindberg - actually seems to run a sex monopoly himself http://www.thelocal.se/25202/20100225/

[..]

addendum: since most here don't know sweden well

Göran Lindberg studied law and worked for the police as legal counsel and was part of a larger goup which made this paid sex prohibition laws.

swedish law itself is extremly tricky because like german law it has a high focus on codified "legal certainty" but also gives "case law" an unusual high importance.

to the non-expert very tricky and subtle -- to Göran Lindberg a heaven: very few market competitors