France is not the only country in Europe where sex workers are excluded from income substitution. Regardless of whether or not sex work is prohibited or regulated, a majority of sex workers are unable to access compensation. This is primarily because the vast majority of sex workers are migrants, often undocumented, and have no legal existence in the country where they work. Authorities work hard to find them when it comes to fines and arrests, but are not invested at all in finding them in order to offer support so that they can stop working and protect themselves. To take but one example, activists in the United Kingdom report that raids, arrests and prosecutions targeting sex workers continue, despite the fact that the criminal justice system basically shut down in mid-March.
Another major barrier to accessing income substitution is that sex work is not recognised as work: most of the workers in the sex industry are informal workers, unable to access the safeguards provided for many other workers, such as sick pay and social benefits. Even in countries that have a legalised approach to sex work, the majority of sex workers cannot comply with repressive restrictions and remain in the informal and criminalised sphere. In Greece, for instance, only nationals with female sex markers in their documents are allowed to work in indoors venues. This means that the majority of the sex worker community, including undocumented migrants, refugees, asylum-seekers, and transgender people without legal gender recognition were not deemed eligible to access government support.
The International Committee on the Rights of Sex Workers in Europe’s Call for Action demands attention to immediate needs, such as income and housing support, continued access to health services, and a moratorium on fines, arrests and prosecutions. In the longer term it demands a radical rethink of how states include and protect marginalised communities. Both are essential and unavoidable.
Income substitution is the most pressing but not the only need. The more fundamental issue is the social and economic exclusion of many communities, which has in turn been challenged by organisations and voices representing homeless people, LGBTIQ, undocumented migrants, and people who use drugs. For decades, these exclusions have been a shameful stain on a European project which promotes itself as defender of human rights and an embodiment of social fairness. Existing inequalities and exclusions are now becoming even more evident and urgent, since they also risk undermining public health responses to the pandemic.
Sex workers have been consistently excluded from crucial conversations regarding their work and welfare. Decisions are too often made about them without them. In this time of acute global crisis there is a pressing need for sex workers to finally be listened to and their demands implemented. Evidence based and progressive policies deemed unrealistic a few weeks ago – such as the release of prisoners or the regularisation of undocumented migrants – have now taken place in different European countries. As our call demonstrates, the case for taking similar action to support sex workers in Europe is urgent and overwhelming.
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