Recognising sex work as a legal trade : a multifaceted approach towards empowering workers

Abstract

report by the Sex Workers Education and Advocacy Taskforce revealed that of the 101 sex workers who died between 2018 and 2019, nearly half were murdered. This is indicative of how callously sex workers are treated by the community who regard them as secondary citizens undeserving of any human rights due to their profession. The Bill of Rights expressly allows one to choose their trade, occupation and/or profession and provides for the platform to have that trade regulated by law. Despite this, there has been a realisation that law- and policymakers are hesitant to cater for sex work in legalisation along with the labour relations encompassing its regulation. The hesitancy stems not only from its unconventionality and controversy but also from the requirement that social norms and thinking need to shift to influence the way in which society perceives sexual relations. This paradigm shift will in fact be more aligned with the reality of South Africa. The main concern that sex work is against the boni mores of the community at large is a superficial reason as other various forms of transactional sex such as ‘blesser–blessee’ and sugar daddy relationships have become tolerated, if not accepted in the community despite its similar context to sex work. The legalisation and regulation of sex work need to be considered from a prospect of multilevel empowerment rather than a lens of a flawed family unit structure where the focus is more abstract than reality. In this mini-dissertation, the writer aims to address the need for legalising and regulating sex work as a profession. This study assesses the current legal protection available to sex workers in accordance with various domestic and international legal instruments – particularly those aiming to advance human rights. Thereafter, it dissects the implications facing workers in the industry by mentioning the involvement and duties of other stakeholders regarding workers and potential workers. The study notes the potential impact of regulating the industry on curbing current social problems and/or ills resulting from the demand of its illegalisation. This includes gender-based violence and human trafficking. The study suggests that an oversaturated market will be created through regulation, thereby causing a sharp decline in the occurrence of these crimes. It discusses the socio-economic benefits of regulating the industry as a labour field. The existing international laws regulating sex work are analysed to highlight key guidance points that South Africa may incorporate. It is argued that sex work is a form of empowerment of the marginalised female community who voluntarily provide sexual services to the public, reiterating the streams in which the regulations will affect the status quo of workers. In the conclusion, the indirect benefits of sex work on eliminating sex-motivated crimes as well as domestic violence in the broader community are highlighted.