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Decriminalizing Sex Work: A Human Rights Approach to Advocating Sex Workers’ Right
- Proposal text
- Green Party of Canada: - Recognizes sex work as work, - Supports and advocates the full decriminalization of sex work, including for immigrants, - Promotes sex worker-led and community-based approaches to improve working conditions and assist sex workers who experience violence, - Rejects legislation that conflates sex work with human trafficking, violence and exploitation.
- Type of Proposal
- Public policy that the party would represent
- Objective / Benefit
- Under current criminal laws, sex workers are simultaneously treated as victims and criminals. The “Nordic Model” isolates sex workers, resulting in violence, discrimination, and lack of access to social, legal and health services. For migrant sex workers, this harm is exacerbated by provisions in the IRPR that forbid migrants from working in the sex industry under threat of detainment and deportation. The argument that sex workers are unaffected by criminalization is erroneous; not only are sex workers criminalized for selling sexual services in a public space, but they are impacted by the criminalization of clients and third parties.
- If your proposal replaces an existing policy or policies, which one does it replace?
- This would be considered as an update to G18-P010, as it calls for decriminalization and further explains how the aims G18-P010 (which is vague in details) can be attained.
- List any supporting evidence for your proposal
- (n.d.). Canadian Alliance for Sex Work Law Reform – Fighting to uphold sex workers' human rights. https://sexworklawreform.com/ Benoit, C. (n.d.). Understanding Sex Work. University of Victoria. https://www.uvic.ca/research/centres/cisur/projects/active/projects/understanding-sex-work.php Black, D. (2007, March 21). Charter challenge on prostitution filed | The Star. The Toronto Star. https://www.thestar.com/news/2007/03/21/charter_challenge_on_prostitution_filed.html Butterfly. (2018). Behind the Rescue: How Anti-Trafficking Investigations and Policies Harm Migrant Sex Workers. https://www.butterflysw.org/_files/ugd/5bd754_bbd71c0235c740e3a7d444956d95236b.pdf Butterfly. (2022, August 11). Open Letter on the Newmarket Crisis. Medium. https://medium.com/@butterflycsw/open-letter-on-the-newmarket-crisis-32e159d5a52b Butterfly: Asian and Migrant Sex Workers Support Network. (2020, May 20). .Say no to Bill S-224, An Act to amend the Criminal Code (trafficking in persons).
- Does this proposal affect any particular group and what efforts have been made to consult with the group or groups?
- Sex work is made up of many individuals living on the intersections of marginality, including women, members of the 2SLGBTQIA+ community, and immigrants. There are many NGOs and social justice advocates, not to mention Global Greens, who advocate full decriminalization of sex work. I have worked with many sex work support organizations in Canada, including the Canadian Alliance of Sex Work Law Reform, Butterfly: Asian and Migrant Sex Worker Support Network, ANSWER Society, and SWAN Vancouver.
- Jurisdiction: Is this proposal under federal jurisdiction?
- Yes
- Please indicate the language the proposal is being submitted in.
- English
This proposal is being evaluated
Amendments (1)
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Created at
24/02/2024 -
- 3
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Conversation with Blake Hamilton
Shel:
I appreciate your perspective, but could you clarify exactly how this policy does not align with Green Party principles? Additionally, how do you see the addition of prevention measures and education for those considering entering the Sex Trade Industry, along with resources and support for those looking to leave, aligning better with our principles?
It seems to me that there might be an underlying ambivalence about the legitimacy of sex work itself, which could suggest a pseudo-paternalistic view that undermines the autonomy and agency of sex workers. Unless I’m misunderstanding you here… I'd love to hear your thoughts/elaboration on this
Blake, I appreciate you raising this perspective, but I believe your concerns about paternalism in this policy misinterpret its alignment with Green Party principles.
First, while autonomy is a central value for the Green Party, we must recognize that autonomy in decision-making is often constrained by larger social and economic forces. Poverty, lack of access to education, and limited job opportunities frequently push people into the sex trade. Prevention measures and education for those considering entering the industry do not limit their autonomy; rather, they empower individuals by expanding their range of informed choices. The party’s commitment to social justice means addressing systemic inequalities, and offering alternative paths to people before they enter a vulnerable industry aligns perfectly with that vision.
As for providing support and resources for those who wish to leave the sex trade, this is about harm reduction. Many in the sex trade find themselves there not by choice, but by circumstance, and providing an exit strategy shows compassion for those who feel trapped. It’s about respecting people’s right to change their circumstances and offering a safety net for when they need it. This approach directly aligns with the Green Party’s focus on supporting marginalized groups and empowering people to live the lives they want, not the lives they feel forced into.
Your concern about "pseudo-paternalism" seems to conflate the idea of providing support with dictating decisions. The policy doesn’t restrict the choices of sex workers; it enhances their freedom by ensuring they have the information and resources they need to make fully informed decisions. True paternalism would mean taking away their options. This policy is the opposite: it’s about broadening their options.
Additionally, the inclusion of education and prevention is consistent with the Green Party’s broader philosophy on public health and safety. Just as we advocate for preventive measures in environmental or healthcare issues, it makes sense to apply that same approach to the sex trade, which is rife with risks. Educating people about those risks ensures they’re making choices with their eyes wide open. That’s not paternalism; that’s ensuring individuals have the knowledge they need to exercise real autonomy.
Lastly, ambivalence about the legitimacy of sex work doesn’t automatically imply paternalism. It reflects an understanding of the complexities of the industry, where exploitation and empowerment can coexist. The Green Party stands for both autonomy and protecting vulnerable populations, and this policy strikes a balance between the two. It respects the agency of those in the industry while also acknowledging the systemic forces that often limit their choices.
In short, your concerns overlook that prevention, education, and support enhance autonomy by enabling informed choices, key to Green Party values and principles.
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