[In Queue] [ga]: Sex Worker Protections Act

[Lenlyvit]

General Assembly Resolution

Sex Worker Protections Act

A resolution to enact uniform standards that protect workers, consumers, and the general public.

Category: Regulation

Area of Effect: Labour Rights

Proposed by: Magecastle Embassy Building A5

The World Assembly,

Recognising the unfair discrimination, sexual assault, and poor working conditions sex workers have long been subject to solely due to their field of employment, as well as the greater risk of sexually transmitted infections sex workers and clients thereof face,

Emphasising that prosecution of sex work is also unhelpful towards protecting sex workers, as it forces sex workers to work "underground" for fear of prosecution of themselves and/or loss of job, at the expense of their safety and welfare, while also perpetuating stigmatisation of the sex industry,

Identifying the efforts of "Universal STI Counteraction" as ultimately helpful to the protection of sex workers via access to STI testing and curative medications for STIs,

Believing that further efforts are still needed, however, to specifically protect sex workers and ensure that sex work is safe for employees, consumers, and all others involved, as there are still no resolutions passed tailored to the sex industry,

Enacts as follows, subject to past World Assembly law still in force.

1. In this resolution, "sex work" refers to the performance of sexual acts in exchange for material compensation. Further, a "state" is a member nation or any administrative or political subdivision thereof.

2. Every state must treat employment and self-employment in sex work as a legitimate form of employment and self-employment; and accordingly treat sex work, including acts of performing, providing employment in, and purchasing the same, equally to all other legitimate forms of employment and self-employment in that state, subject to this resolution.

3. Each member nation must offer free and safe medical products preventing STI transmission -- including vaccination and barrier contraception -- to all individuals under its jurisdiction consistently at risk of exposure to sexually-transmitted infections as a result of their employment or self-employment as a sex worker. A member nation may delegate this responsibility to its political or administrative subdivisions, so long as coverage over the entire jurisdiction of that member nation is achieved.

a. If a state demonstrates in good faith to the General Accounting Office that it is unable to fund compliance with this mandate without causing serious damage to its economy or finances, that state shall receive funds from the World Assembly General Fund assessed by the General Accounting Office to aid the state in funding these products. States may not use such funds for any purpose other than funding such provision of these products.

b. Sex workers and sex work clients are strongly urged to use such products in any sex work carrying risk of either pregnancy of, or transmission of sexually transmitted infections to, the client or sex worker in question, so as to minimise such risk.

4. No person or entity may employ in sex work, consume sex work from, or sell sex work to a person who (i) lacks the mental capacity to consent to sexual acts, (ii) has not consented to said sex work, or (iii) is under the age of majority in a state of jurisdiction.

5. Every state must address violations of sexual autonomy within the scope of sex work with the same haste and severity as such violations committed outside of the scope of the same. Further, each state must address hate crime and violence against an individual motivated by that individual's employment or self-employment as a sex worker with the same haste and severity as any other like hate crime declared under relevant national or international law.

This is the discussion thread. To cast your vote, go HERE

[Pantso]

While the Republic of Pantso applauds the good intentions behind this resolution the second point, which requires that all member states treat sex work as a legitimate occupation, is unacceptable. Many nations will have moral or religious objections that this resolution completely steamrolls. Bizarrely, point 4.iii implicitly acknowledges that nations may have different views and policies concerning the age of consent even while it attempts to impose a certain moral position on those same nations, regardless of their views. Pantso recommends Against.

[spratlyislands]

I agree with Pantso. I can understand why whoever wrote this thought it was a good idea, though. This legislation would have been very good if sex workers were not added to it. Sex is not just for sex workers and clients, but any regular person. Isolating sex workers as the only ones with guaranteed access to protection is unfair. I vote against. If it was a bit different, I would have voted for.

[Tuga Nation's Dragon]

This resolution needs some tweaks as stated above before being OK to pass... I vote against...

[Astrobolt]

Jul 10, 2023 21:10:21 GMT -5 spratlyislands said:

I agree with Pantso. I can understand why whoever wrote this thought it was a good idea, though. This legislation would have been very good if sex workers were not added to it. Sex is not just for sex workers and clients, but any regular person. Isolating sex workers as the only ones with guaranteed access to protection is unfair. I vote against. If it was a bit different, I would have voted for.

Access to Abortion, GA#499 already provides contraceptives to individuals free of charge.


In general I support this resolution. It is well known that criminalizing sex workers is bad policy, it forces (often) women underground, and increases chances of assault.

This law would just stop criminalizing individuals who engage in consensual interactions, and ensure that workers aren’t mistreated. Many nations moral objections are meaningless. In response to the 4.ii point, its standard practice in the GA to use that language for age of consent. Consider that many nations are not human based, and so assigning an arbitary human based age doesn’t make sense. The law conforms to common GA standards on this point.

[icethousand]

Regarding access to preventive medications etc, note that Universal STI Counteraction only applies to access to curative medications and education vis-a-vis preventive medications; it does not directly mandate access thereto. In any case, this only addresses access for sex workers as to do any more would be outside its scope.

Regarding why the universal legalisation approach should be taken, as mentioned above criminalisation merely facilitates exploitation in the industry. I have written a longer writeup on why this is the case (it is frankly too long to just copy here )

[Pantso]

Those are great arguments for legalizing the sex trade but I find the link between legalization and civil rights tenuous at best, and therefore the argument the WA should mandate legalization unconvincing. Much of the basis for the civil rights side of the argument appears to be based on the idea that criminals who suffer as part of their criminal occupation face difficulty in seeking legal redress or protection for wrongs done against them. This is as true for thieves, murderers, organized crime members, and people who stick used chewing gum under the seat as it is for sex workers. Surely we aren't going to claim it's a civil rights issue that a mafia don faces stigmatization in the public eye.  

One might argue that the examples I gave are people who do grave and irreparable harm to both individuals and society at large, whereas sex workers do not. I agree with that argument but nevertheless it is fact that many nations disagree, and I believe the issue is controversial enough that the WA should not be heavy-handedly imposing its will to enforce one side or the other. Were the opposing viewpoint limited to radical fringe groups, wild conspiracy theorists, or a few brainwashed cultists it might be reasonable to impose the viewpoint. Unfortunately this is not the case and the idea that sex work is inherently amoral and damaging to society - even if that idea is incorrect or misguided - is common and deeply ingrained in many societies. Is it in the mandate of the World Assembly to require that member nations enact legislation that contradicts the deeply held beliefs of their people? 

One might also argue that all persons deserve fair treatment under the law and that crimes committed against criminals are still crimes and criminals still have a civil right to protection and defense under the law. This is true. However, guaranteeing those protections does not require legalization of the activity that got the individual in trouble to begin with. A thief who is abused by police during the course of his or her arrest is entitled to fair treatment under the law; the abuse is a violation of that individual's civil rights. The abusers involved should be punished and reforms implemented as necessary - but nobody would argue that we should make theft legal as part of that response. Therefore, a sex worker who is harmed by their employer or customer is entitled to protection under the law - but that doesn't mean the sex work should necessarily be legalized any more than theft should be. Mandating legalization does not address the civil rights issues.

Article 2 should be re-written so that the civil and legal rights of sex workers are guaranteed regardless of the legality of sex work in the member nation rather than mandating legalization by the WA. Otherwise I would be in full support.

[Astrobolt]

Jul 11, 2023 6:46:00 GMT -5 Pantso said:

One might argue that the examples I gave are people who do grave and irreparable harm to both individuals and society at large, whereas sex workers do not. I agree with that argument but nevertheless it is fact that many nations disagree, and I believe the issue is controversial enough that the WA should not be heavy-handedly imposing its will to enforce one side or the other. Were the opposing viewpoint limited to radical fringe groups, wild conspiracy theorists, or a few brainwashed cultists it might be reasonable to impose the viewpoint. Unfortunately this is not the case and the idea that sex work is inherently amoral and damaging to society - even if that idea is incorrect or misguided - is common and deeply ingrained in many societies. Is it in the mandate of the World Assembly to require that member nations enact legislation that contradicts the deeply held beliefs of their people? 

I don’t find this argument convincing. Just because many member nations disagree and the issue is controversial is no reason not to act. If child labour was deeply controversial would it be right not to act and protect children from abuse? What about slavery? Obviously way more clear cut examples, but to many nations (and many RL people historically) the answer isn’t so clear cut. The overall point I’m making is I couldn’t care less about what member nations believe, and rather we have to look at whether it actually benefits the individuals within those member nations.

Moreover, I’ll note that the WA has not shied away from tackling controversial issues. Despite large opposition, the death penalty is completely banned under WA law, abortion is completely legal with almost no restrictions in all member states, and drugs are decriminalized.

The WA historically has been willing to rule on heated and controversial issues, this should be no different.

[Jabberwocky]

You can't legislate morality. Against.