Sex workers gain major rights in Belgium: Could similar laws work in Australia and New Zealand?

In a groundbreaking move, Belgium became the first country in Europe to decriminalize sex work in 2022, offering sex workers more rights, protection, and social benefits than ever before. Under the new labor law, which took effect in May 2022, sex workers in Belgium now have the option to sign formal employment contracts that grant them the same workplace protections afforded to other employees. These sweeping reforms have sparked global conversations about the future of sex work and labor rights, particularly in countries like Australia and New Zealand, where prostitution is decriminalized in various states and territories but still lacks comprehensive labor protections. As the global conversation about sex work shifts, the question arises: what would it mean for Australia and New Zealand to adopt similar laws to those passed in Belgium?

The Belgian Model: A Comprehensive Approach

Belgium's decriminalization of sex work in 2022 marked a significant departure from previous policies that either criminalized or over-regulated the industry. Under the new law, sex workers can voluntarily sign formal employment contracts with their employers, providing them with access to the country’s social security system. This includes crucial benefits such as paid maternity leave, sick leave, and unemployment aid. The law ensures that sex workers have the right to refuse clients, refuse certain sexual acts, and even halt an act if they feel unsafe, all without the fear of being penalized by their employers.

Additionally, the new law imposes safety regulations in workplaces, such as the requirement for emergency buttons in rooms where clients are seen. These provisions, which are typically seen in other industries, are aimed at ensuring that sex workers have access to basic protections against violence, harassment, and exploitation while they work. Employers of sex workers are also subject to strict guidelines, including a ban on hiring anyone with a history of violent crimes like rape or trafficking. These reforms offer a comprehensive model of labor rights for sex workers, something that has been long overdue in many parts of the world.

The law’s practical approach is rooted in the recognition that sex work is a reality that needs to be addressed within the framework of labor rights and human dignity. It acknowledges that sex workers, like other employees, deserve to work in safe, fair, and respectful conditions, and it provides tangible protections that allow workers to access support systems like healthcare, maternity leave, and pensions.

The Current State of Prostitution Law in New Zealand

New Zealand has long been a leader in progressive sex work legislation. In 2003, the country decriminalized prostitution with the introduction of the Prostitution Reform Act (PRA), a landmark piece of legislation aimed at improving the safety and rights of sex workers. The Act was designed with three key goals: to protect workers from exploitation, to promote their health and safety, and to eliminate the prostitution of people under the age of 18. It also legalized street prostitution and allowed brothel operators to advertise in print media.

Under the PRA, brothel operators must hold a certificate of operation, and local governments have the authority to establish zoning regulations for where brothels and street prostitution can take place. However, the PRA did not extend labor rights in the same way that Belgium’s new law does. While the PRA has been praised for its decriminalization approach, some critics argue that it falls short in providing sex workers with sufficient protections against violence and exploitation.

For instance, a 2005 report by the New Zealand Justice Department highlighted that while decriminalization was a step forward, the legislation had not fully addressed the safety concerns of sex workers. Subsequent reviews, including a 2008 report by the Prostitution Law Review Committee, noted that despite legal reforms, many sex workers continued to face violence, harassment, and discrimination, particularly those working on the street or in vulnerable situations.

In 2018, feminist scholar Janice Raymond raised concerns about the role of the New Zealand Prostitutes’ Collective (NZPC) in shaping the legislation, particularly regarding the gatekeeping role it assumed in advocating for sex workers’ rights. Critics, including researcher Melissa Farley, argued that decriminalization had not substantially improved the safety of workers and that gaps remained in addressing systemic issues in the industry, such as the lack of proper worker protections and support for those who experience exploitation.

Australia: A Patchwork of Regulations

Australia’s approach to sex work is similarly fragmented, with varying laws and regulations in different states and territories. The country’s legislation typically falls into three categories: legalizing certain aspects of the industry, decriminalizing prostitution, or criminalizing it entirely.

In states like Victoria and Queensland, certain components of the sex industry are legal and regulated under licensing schemes. These regions have taken steps toward formalizing the industry but still lack comprehensive labor rights protections for sex workers. In New South Wales (NSW) and the Northern Territory (NT), prostitution has been decriminalized, with street prostitution legal and brothels regulated like any other business. However, the legal framework in these areas does not provide the same level of worker protections as the Belgian model or even the level of protections available in New Zealand.

In contrast, states like South Australia and Western Australia still criminalize prostitution, although both have attempted multiple times to decriminalize the sector. The lack of a unified approach across Australia has resulted in inconsistent protections for sex workers, leaving many vulnerable to exploitation and violence.

Like New Zealand, Australia faces challenges in addressing the safety and rights of sex workers within a legal framework that does not fully recognize sex work as legitimate labor. This leaves workers with limited access to social services, labor protections, and safety nets, despite their essential role in the economy.

The Need for Labor Rights in Australia and New Zealand

While both New Zealand and Australia have made significant strides in decriminalizing prostitution, the gap in labor protections for sex workers remains a pressing issue. The new law in Belgium highlights the importance of recognizing sex work as legitimate labor, offering practical protections that extend beyond the decriminalization of the act itself. By providing sex workers with access to social benefits, safety regulations, and the right to negotiate their working conditions, Belgium’s law sets a new standard for how sex workers should be treated in the workforce.

For Australia and New Zealand, adopting similar laws would mean a significant step forward in the fight for labor rights and equality for sex workers. In addition to providing basic protections like those seen in Belgium, these laws would help reduce the stigma surrounding sex work and contribute to a more equitable and just society. By recognizing the contributions of sex workers as legitimate, these laws would offer them the same rights and protections afforded to other workers, ensuring their safety and well-being both in and out of the workplace.

Such a move could also have broader implications for social attitudes toward sex work. By treating sex workers as employees rather than criminalizing their actions, Australia and New Zealand could lead the way in dismantling harmful stereotypes and stigma. This would allow workers to access healthcare, retirement benefits, and support services without fear of discrimination or exploitation.

The decriminalization of sex work and the introduction of labor rights for sex workers in Belgium marks a historic shift toward recognizing sex work as legitimate labor. With these protections, sex workers in Belgium now have access to social benefits, workplace safety regulations, and greater control over their working conditions. For countries like Australia and New Zealand, adopting similar laws would be a critical step in ensuring that sex workers are afforded the same rights, protections, and dignity as other workers. By learning from Belgium’s example, Australia and New Zealand can create a more just, safe, and inclusive environment for sex workers, ultimately leading to better outcomes for workers and society as a whole.