Belgium Grants Labour Rights to Sex Workers: 5 Key Points Of The New Regulation

To explore the broader impact of this law, we spoke with Sana Raees Khan, Founder of SRK Legal and a Supreme Court Lawyer, who shared deeper insights into its implications.

Belgium Grants Labour Rights To Sex Workers

Belgium has made history by becoming the first country to establish comprehensive labour rights for its sex workers. A groundbreaking law passed in May 2024 now formally recognises sex workers, granting them a social status that moves them out of the shadows where their work was tolerated but unacknowledged.

To delve into the benefits introduced by this regulation, we spoke with Sana Raees Khan, Founder of SRK Legal and a Supreme Court Lawyer, who highlighted the key rights and protections under the new law:

Sana Raees Khan said, “Belgium's recent legislation granting labour rights to sex workers represents a landmark shift in global policymaking, redefining the perception of sex work as a legitimate profession. This new framework provides comprehensive protections, including social security, pensions, healthcare, and formal workplace safety standards.”

Below are the new benefits introduced under this regulation:

• Right to Formal Employment Contracts: Sex workers can now sign formal contracts, securing legal recognition and job stability. Employers are required to comply with labour laws governing other industries.
• Social Security and Benefits: Workers are entitled to essential protections such as health insurance, unemployment benefits, and pensions.
• Paid Leave: This includes access to paid leave, such as maternity leave, offering a significant safety net often missing in informal arrangements.
• Right to Refuse Services: Sex workers have the autonomy to decline specific acts without fear of retaliation, prioritising their safety and dignity.
• Legal Protections Against Exploitation: Employers of sex workers are now recognised as legitimate business operators if they adhere to state regulations, replacing the stigmatised label of ‘pimps.’

This forward-thinking framework not only legitimises the profession but also enhances safety, welfare, and equality in the workplace. While it marks a significant step toward de-stigmatisation, challenges such as local resistance and balancing regulatory requirements with operational viability remain important issues to address.

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How Does This Legislation Compare To Similar Laws In Other Countries?

In comparison to global models, Belgium’s approach offers a unique balance of worker autonomy and anti-exploitation measures. Sana Raees Khan told us, “New Zealand’s 2003 Prostitution Reform Act is often considered a benchmark for decriminalisation, ensuring legal protections and access to support services without the stigma of criminalisation. Germany, which legalised sex work in 2002, incorporated the profession into labour laws but has faced criticism for regulatory gaps that sometimes exacerbate trafficking and exploitation.”

Alternatively, countries like Sweden, Norway, and Iceland follow the ‘Nordic Model,’ which criminalises the purchase of sex but not its sale, as per research by the Native Women Association of Canada (NWAC). While intended to reduce demand, this model has faced backlash for increasing risks to sex workers by pushing the industry into unsafe, hidden environments. In the US, where sex work remains predominantly criminalised, systemic marginalisation and denial of workers' rights are significant issues.

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Belgium's progressive legislation stands out by recognising sex workers’ autonomy while establishing safeguards against exploitation. This marks a pivotal step toward a human-rights-focused approach, challenging other nations to rethink outdated legal frameworks and prioritise the safety, dignity, and empowerment of sex workers globally.

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Credits: Freepik/Sana Raees Khan Instagram