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Dec 17, 2022, 26 tweets

One of the biggest demands from sex workers every year at #IDEVASW is for the full decriminalisation of sex work.

What does this mean, and why do sex workers want this?

A thread 🧵(strap in, it's a long one):
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Decriminalisation means removing all laws and penalties which are used to criminalise sex work.

Sex work becomes regulated through normal employment laws, like other forms of work, without specific regulation. (NUM)

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It is different from legalisation, where sex work is acceptable only under specific circumstances.

These regulations differ by location, but can include sex work being restricted to certain locations, workers registering with an authority, or compulsory health checks. (NUM)
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Workers in legalised systems can still be criminalised if they work outside the rules.

This punishes those who are the most marginalised (such as migrants), or sex working out of immediate need (such as to make a rent payment, or to escape abuse).

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There are only a handful of places in the world that currently have sex work decriminalised.

- Aotearoa/New Zealand, which decriminalised sex work in 2003
- New South Wales and Northern Territory in Australia
- Belgium, which decriminalised sex work in June this year
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Victoria (Australia) will introduce decriminalisation from December 2023, and South Africa has recently introduced a decriminalisation bill to parliament, following tireless work by @SweatTweets.

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In most of the UK, selling and buying sex is legal, but surrounding activities, such as soliciting, kerb-crawling, brothel keeping and third-party involvement are illegal.

In Northern Ireland, buying sex is also illegal. (NUM)

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So why do sex workers want decriminalisation?

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1. Decriminalisation means sex workers are no longer criminalised for their work.

Sex workers can work - and work in ways that are safer - without fear of criminal penalties and punishment. (NUM)

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These penalties not only harm sex workers in the short-term (such as through fines), but can lead to criminal records which make it harder to leave sex work. (NUM)

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If you are fined as a sex worker, how else are you going to pay that fine other than by continuing to sex work?

To avoid further detection and even more fines, you’re likely to work in more isolated and therefore more dangerous areas. (NUM)

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Decriminalisation prevents sex workers from being punished for working. Ideally, it also expunges all criminal records for sex work, making it easier for sex workers to leave sex work if and when they choose. (NUM)

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2. Decriminalisation gives sex workers more power over their work.

Under decriminalisation, sex workers are treated as workers, and have access to increased legal protection with this status. (NUM)

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They are therefore able to unionise, fight to improve their working conditions, and use existing laws to tackle discrimination and harm from bosses, clients, and others. (NUM)

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3. Decriminalisation allows sex workers to use their money as they need to survive.

Under decriminalisation, sex workers will be able to rent without fear of eviction from landlords. (NUM)

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They can use their money to support family members and people they care for without fear of both them and their loved ones experiencing criminal penalties, which may include having their earnings seized.

They can also access bank accounts and financial services. (NUM)

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They can also hire people to support their working practices and enhance their safety, such as drivers, security guards or receptionists, who are also decriminalised. (NUM)

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4. Decriminalisation gives more power to sex workers and less to police.

Where sex work is criminalised, police hold power over sex workers. This can manifest through arrests, physical and sexual violence, raids, dismissal of harm, and seizure of earnings/property. (NUM)

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Under decriminalisation, sex workers’ relationship with the police can improve, and sex workers are able to engage with the police on their own terms. (NUM)

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This also makes it easier for those who experience genuine harm and exploitation to achieve justice.

Sex workers can share suspected harms, including trafficking and exploitation, without fear of harming other workers or being criminalised themselves. (NUM)

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In Aotearoa/New Zealand, 57% of sex workers reported that attitudes from the police towards sex workers had improved since decriminalisation, and that it is now easier to report violence against them. (NUM)

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5. Decriminalisatiom improves sex workers’ health.

Under decriminalisation, sex workers are able to better access health services without fear of stigma or discrimination. (NUM)

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This approach is backed by the WHO, The Lancet and UNAIDS as core part of tackling health concerns such as HIV, as well as improving overall physical and mental health for sex workers. (NUM)

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A recent study across European countries demonstrated how criminalisation harmed sex workers’ mental health and prevented access to support.

sexworkmentalhealth.org

On which note…
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6. Decriminalisation is a step towards ending stigma.

Stigma harms sex workers, and stigma kills.

Under decrim, sex workers face fewer barriers accessing justice, healthcare, housing and any other resources they need.

All things we need to survive, and thrive. (NUM)

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With all of this in mind, decriminalisation is not the end of sex worker liberation.

It is only the start.

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