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The Principles for Model Sex Work Legislation the Principles for Model Sex Work Legislation The Principles for Model Sex Work Legislation The Principles for Model Sex Work Legislation . © Scarlet Alliance Redfern, Sydney: 2014 ISBN: 978-0-646-56379-4 Acknowledgements The Australian Government Department of Health and Ageing funded this review of the original Principles for Model Sex Industry Legislation. The 2013 version updates the content and terminology of the former document. The views expressed in this document are not necessarily those of the Australian Government. Principles for Model Sex Work Legislation, 2014 Edition: Scarlet Alliance staff, Executive Committee, membership and individual sex workers. Principles for Model Sex Industry Legislation, 2000 Edition: Sue Metzenrath (Scarlet Alliance) and Linda Banach (Australian Federation of AIDS Organisations). About Scarlet Alliance Scarlet Alliance is the Australian Sex Workers Association. Through our objectives, policies and programs, Scarlet Alliance aims to achieve equality, social, legal, political, cultural and economic justice for past and present workers in the sex industry, in order for sex workers to be self-determining agents, building our own alliances and choosing where and how we work. Scarlet Alliance was formed in 1989. Scarlet Alliance is Australia’s national peak body representing a membership of individual sex workers, and sex worker networks, groups and community-based projects and organisations from around Australia. Each year a National Forum and Annual General Meeting is held, where key policies are developed, an Executive and spokespersons are elected and workshops on issues for sex workers are conducted. Scarlet Alliance is a leader when it comes to advocating for the health, safety and welfare of workers in Australia’s sex industry. Scarlet Alliance member organisations and projects have the highest level of contact with sex workers in Australia of any agency, government or non- government. Throughout projects and the work of our membership we have very high access to sex industry workplaces in the major cities. Some of our sex worker organisations and projects within Australia also have multicultural or CALD (Culturally and Linguistically Diverse) project workers and Scarlet Alliance has a migration project employing multilingual project staff. Scarlet Alliance has played a critical role in informing governments and the health sector, both in Australia and internationally, on issues affecting workers in the Australian sex industry. In addition, Scarlet Alliance has been active in promoting internationally the principles and approaches which have been effective in minimising the transmission of HIV and STIs amongst Australian-based sex workers and our clients. Scarlet Alliance represents sex workers on a number of Commonwealth committees and ministerial advisory mechanisms. 2 . introduction Principles for Model Sex Work Legislation Contents • Part I: Introduction • About the Principles • Terminology • International best practice approaches to sex work law reform • Regulatory frameworks in Australia and overseas • Criminalisation • Licensing • Decriminalisation • Structure • Scarlet Alliance objectives • Part II: Principles for Model Sex Work Legislation • Addressing myths and stereotypes about sex work • Fact Sheet • Decriminalisation is the optimal model for sex work legislation • Fact Sheet • Industrial rights and occupational health and safety • Fact Sheet • Health promotion and peer education • Fact Sheet • Sexually transmissible infections and HIV testing and criminalisation • Fact Sheet • Human rights and anti-discrimination protection • Fact Sheet • Migration, mobility and freedom of movement • Fact Sheet • Local planning and sex industry businesses • Fact Sheet • Sex workers as experts: Consultation, inclusion and self-determination • Fact Sheet • Bibliography 3 Principles for Model Sex Work Legislation Introduction About the Principles The Principles for Model Sex Work Legislation comprehensively outline core principles in sex work law reform. They act as an integral source of information and reference for politicians, government bodies, advocates, health providers, community sectors, current and potential sex workers, and sex industry owners and managers. These Principles have been developed by sex workers. They are the outcome of a five-stage consultation process with the Scarlet Alliance membership, including sex workers from a range of organisations and locations and with diverse experiences and backgrounds. The purpose of this process was to ensure the Principles reflect the voices, needs, objectives and consensus of sex workers in Australia. Putting sex workers voices at the centre of policy is a key step in creating law reform that is ethical, effective and sustainable. The Principles reflect contemporary research, literature and personal experiences, and are essential for anyone engaging in law reform or advocacy on sex work issues. Terminology that treats sex workers as partners in health promotion and education. The research establishes that excessive The phrase ‘sex work’ was coined by Carol Leigh in the regulation actively negates the positive health outcomes late seventies, and remains the preferred terminology of peer education and community health development. of sex workers in Australia. Carol Leigh first used the United Nations Secretary General Ban Ki-Moon, quoted phrase ‘sex work’ at a women’s conference in the United in the UNAIDS Guidance Note on HIV and Sex Work, States, during which there was a workshop titled ‘Sex states: Use Industry.’ Leigh recalls, ‘The words stuck out and embarrassed me. How could I sit amid other women as In most countries, discrimination remains legal against a political equal when I was being objectified like that, women, men who have sex with men, sex workers, described only as something used, obscuring my role as drug users, and ethnic minorities. This must change. I an actor and agent in this transaction?’1 Leigh suggested call on all countries to live up to their commitments to the title be changed to ‘Sex Work Industry’, because the enact or enforce legislation outlawing discrimination term sex worker better described our profession. against people living with HIV and members of vulnerable groups… In countries without laws to Sex workers in Australia reject the term ‘prostitute’ and protect sex workers, drug users, and men who have other oppressive language such as ‘prostituted woman’, sex with men, only a fraction of the population has which sees sex workers as objects without agency or access to prevention. Conversely, in countries with choice, and makes invisible all sex workers who do not legal protection and the protection of human rights identify as women. Today, the gender-neutral term ‘sex for these people, many more have access to services. worker’ is used internationally by media, academics, As a result, there are fewer infections, less demand for health service providers and advocates. The use of sex antiretroviral treatment, and fewer deaths. Not only is worker-preferred terminology is fundamental to sex it unethical not to protect these groups: it makes no worker self-determination, and reflects the central sense from a public health perspective. It hurts us all.3 premise that sex work is a legitimate form of occupation, deserving of the same rights and protections as other The UNAIDS report on the Global AIDS Epidemic professions. The Australian Human Rights Commission 2010 states that ‘countries should now take action to report on addressing sexual orientation and/or gender decriminalize sex workers.’4 The Australian Government identity discrimination notes the importance of ‘using Sixth National HIV Strategy 2010-2013 states that appropriate, inclusive and empowering terminology’.2 ‘Australia’s approach to HIV/AIDS has demonstrated the protection of human rights to be compatible with and International best practice approaches to sex work essential to the effective protection of public health.’5 legislation The Commonwealth HIV/AIDS Action Group and the International HIV/AIDS Alliance write: Increasingly, international policy supports the decriminalisation of sex work. It demonstrates that the Removing legal penalties for sex work assists HIV best regulatory approach is a human rights approach prevention and treatment programmes to reach sex . introduction workers and their clients. Rather than arresting sex the number of people buying and selling sex but they do workers and closing down brothels, the most effective form barriers to sex workers’ access to services and they approach to preventing HIV is to view sex workers change the shape (venue, methods) of the sex industry in as partners in prevention, and encourage them to ways that increase vulnerability.9 engage in sexual health promotion as peer educators and advocates.6 The 2012 UNAIDS, UNFPA and UNDP (UN Development Fund) report Sex Work and the Law in Asia and the In their paper on Building Partnerships on HIV and Sex Pacific recommends enabling laws and practices that are Work (report from the Asia Pacific Regional Consultation), supportive of HIV responses, including: 10 UNAIDS and UNFPA (the United Nations Population Fund) recommend that the meaningful participation ☂ community mobilisation of sex workers, sex worker of sex workers is crucial in developing policy (‘Nothing unions and self-regulatory initiatives; about us without us’). They state that ‘successful programmes on making sex work safer and preventing ☂ labour laws regulating the sex industry as an HIV include sex workers as partners
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