Belgium recognises sex workers: reform necessary but not sufficient

Vincenzo D’Arienzo
02/12/2024
Travel's Notes

On 1 December 2024, Belgium took a significant step forward for workers’ rights by passing a law giving people employed in sex work access to regular employment contracts and social protections. This is one of the most advanced pieces of legislation globally on an issue that, despite its social and economic implications, often remains relegated to the margins of public debate. The new sex work law recognises sex work as a regulated profession, putting it on an equal footing with other occupations and guaranteeing basic rights such as health insurance, pension and holidays. But like any ambitious reform, it also raises questions and leaves important discussion points open.

A recognition that protects rights

The introduction of this law marks a clear paradigm shift. Until now, travail du sexe in Belgium was tolerated, but without a legal status equalling other professions. With this reform, sex workers not only gain greater stability, but also see basic rights recognised, including maternity leave, sick days and guarantees against discrimination or unfair dismissal.

Another crucial aspect concerns safety. The law obliges employers to implement measures to protect employees, such as emergency buttons in work rooms and the availability of staff to handle any critical situations. These tools can be a valuable deterrent against abuse and violence, historically associated with the sector.

According to Daan Bauwens, spokesperson for the Union belge des travailleurs et travailleuses du sexe, the new legal framework also offers greater transparency, making it easier to combat criminal phenomena such as exploitation and human trafficking. In this perspective, the legal recognition of sex work could turn into a powerful preventive tool against illegality.

Reform is not enough to eliminate inequalities

Despite the progress, the law is not without its critics. The associations opposing the reform point out that, while it broadens protections for those who can access regular contracts, it leaves a significant part of the category uncovered: migrants without residence permits. For these individuals, often exploited on the margins of legality, the new system could paradoxically accentuate precariousness, forcing them to operate outside the new rules and thus exposed to the control of criminal organisations.

The internal division within the feminist movement also reflects the complexity of the issue. On the one hand, many organisations argue that the decriminalisation and recognition of sex work as work may represent a step towards women’s self-determination and the protection of their rights. On the other, there are critical voices that see this reform as legitimising a system that perpetuates gender inequality and economic exploitation.

Reflection: the right to affectivity and the inclusive society

An often overlooked point in the debate on sex work is the role this activity can play in guaranteeing the right to affectivity and sexuality for all. Many people with disabilities face physical and social barriers that limit their ability to build intimate relationships or access the sexual sphere. In this context, the recognition of sex work as a legal and regulated activity could represent not only an opportunity to reduce exploitation, but also a means to ensure a fundamental human right: that of living a full emotional life.

This reflection is not intended to reduce sex work to a service for the needs of others, but recognises that inclusive regulation can contribute to a more equitable society that respects the diversity and needs of each individual. Addressing this issue without stigmatisation is essential to promote true social integration that takes into account human complexities.

A model for Europe?

With this law, Belgium remains at the forefront of sex work regulation, in line with the 2022 decision to decriminalise the sector. However, the biggest challenge will be to ensure that the new rules are applied effectively and inclusively.

The Belgian experience could be a laboratory for other European countries interested in reforming the sector. For this to happen, it will be crucial to monitor the impact of the law on both regular and vulnerable workers. In a Europe where the debate on sex work remains polarised, Belgium offers a model on sex work that combines the recognition of rights with the fight against exploitation. But, like any ambitious reform, success will depend on the concrete implementation of the new rules and the ability to flank intelligent, systemic policies to combat all forms of inequality, exploitation and discrimination.