The New Zealand Sex-Work Model

[Sweet Emily J 172062]

[B][U]The New Zealand Sex-Work Model[/U][/B]

BY SANDRA KA HON CHU AND CATHERINE HEALY,
OTTAWA CITIZEN MARCH 16, 2014 2:34 PM

[URL="http://www.ottawacitizen.com/opinion/Zealand+work+model/9623498/story.html"]http://www.ottawacitizen.com/opinion/Zealand+work+model/9623498/story.html[/URL]

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â??Sex workers are as much entitled to protection from sexual harassment as those working in other occupations.â? So said a recent ruling by New Zealandâ??s Human Rights Tribunal, which awarded a sex worker sizable damages for sexual harassment by a brothel owner.

A progressive decision that upholds sex workersâ?? rights in this manner is only conceivable in jurisdictions such as New Zealand, where sex work was decriminalized 10 years ago when the Prostitution Reform Act came into operation. In Canada, weâ??ve been sold a false dilemma that presents only the possibility of a â??Nordicâ? or â??Swedishâ? regime or, alternatively, â??Dutchâ? approach that regulates prostitution in our country. Since the Supreme Court struck down criminal laws prohibiting communication in public for the purpose of prostitution, living off the avails of prostitution and keeping a common bawdy house, the Nordic regime appears to be the approach the federal government is favouring. But Canadian sex workers, those who have the biggest stake in this discussion, know that New Zealandâ??s model for sex work merits much closer consideration.

Prior to the Prostitution Reform Act, New Zealandâ??s prostitution laws were very similar to ours. Prostitution itself was not criminalized, but virtually all activities associated with it were, such as soliciting in public, living on the avails, operating a brothel and procuring. Adopted to safeguard sex workersâ?? human rights, the 2003 law changed everything. Sex workers in New Zealand are now covered by labour laws to promote their welfare and occupational health and safety, and refusal to work as a sex worker does not affect entitlements to unemployment insurance. Proponents of public health recognize that these laws enable frank displays of safer sex information in sex-work venues. Indeed, studies show high levels of condom use and a very low rate of HIV among New Zealandâ??s sex workers.

In the decade since its passage, the Prostitution Reform Act has not resulted in any growth of the sex industry or increase in number of sex workers, nor has the sky fallen. The Prostitution Law Review Committee, headed by a former police commissioner and charged with reviewing the lawâ??s operation after its enactment, also found that there has been a marked improvement in employment conditions and a decrease in violence against sex workers. As the Committee concluded, this was possible chiefly because the 2003 law empowered sex workers by removing the illegality of their work. Sex workers and the police appreciate these laws that foster better relationships and create an environment wherein sex workers can more readily report crimes committed against them. Sex workers, including those who work on the street, in managed brothels, alone or with their peers from home, feel more able to refuse clients or a particular sexual practice, a strong indication that decriminalization of prostitution enhances their autonomy and safety.

But progressive laws alone cannot completely eliminate the stigma which can act as a barrier to sex workers speaking out about abuse. Moreover, there are calls for increased supports to improve safety by encouraging street-based sex workers to work indoors and supporting their transition out of sex work if they desire through social programs. Nevertheless, there is no substantiated evidence of trafficking despite repeated efforts by the immigration department to locate victims and traffickers. New Zealand still ranks as the most favourable Tier 1 status in the U.S. 2013 Trafficking In Persons Report, and has been ever since New Zealand was included in the report in 2004. Contrary to misguided beliefs, there is also no evidence that young people are being recruited into sex work by thugs.

Canada must overcome the fallacy of false choice and see beyond the Nordic and Dutch models of regulating sex work.

Looking at New Zealandâ??s forward thinking and subsequent success would enable the development of laws that promote health, safety and human rights and better protect sex workers from violence and exploitation. If Canada is serious about respecting everyoneâ??s rights to health and security, letâ??s pick the right role models.

[B]Sandra Ka Hon Chu is the co-director of research and advocacy at the Canadian HIV/AIDS Legal Network. Catherine Healy is national co-ordinator of the New Zealand Prostitutesâ?? Collective.[/B]

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