First year of Labor Rights in Belgium: Daan Bauwens on reforms that returned sex workers to safety and dignity

In 2024, Belgium did something that still sounds radical to most countries in the world: it extended labor law to sex workers. Now they have the rights to sick pay, maternity pay, pensions, and formal contracts - social guarantees that previously seemed unattainable.

However, real safety and dignity began not with the signing of labor contracts, but with the decriminalization of sex work in 2022. This gave people a "voice" and protection even before official papers did appeared. Belgian approach shows that the real effect of the reform is measured not only by the number of laws, but also by the fact that work becomes safer, stigma is reducing, and whether people have a choice. That is why the rules of the game for business, police, and insurance companies will no longer be the same as before.

Has Belgium become a place of mass sex tourism? Why does the “Swedish model” lose to the Belgian one and why any law can’t be a "magic wand"? Daan Bauwens, coordinator of the Belgian sex workers’ union Utsopi, which has been fighting for these changes for years, told this story exclusively for portal “Legalife-Ukraine”.

Decriminalization 2022: why a voice is more important than papers

“Legalife-Ukraine” (“L-U”): Hello Daan! We are welcoming you on our portal! So, please tell us, has the life of Belgian sex workers improved during last year?

Daan Bauwens: Partially, yes: a year ago, sex workers in Belgium began to be covered by labor law - and this is an important stage of reform. At the same time, the most significant legal changes took place back in 2022, when sex work was decriminalized through the reform of the articles of the Criminal Code.

It is still too early to talk about tangible results, but the research has shown one very important trend. If we compare online sex worker advertisements before and after decriminalization, we see a significant decrease in unsafe sexual practices.

Decriminalization is not just a change in laws, but the result of long-term public discussions, political debates and media attention. In addition, in 2022, many sex workers received information about their rights. They realized that their relationship with clients is a contract, and any contract implies duties and responsibilities. This knowledge made sex workers more willing to stand up for their rights and weakened stigmatization at the institutional level.

“L-U”: Can you give us an example?

Daan Bauwens: For example, trade unions now recognize the rights of sex workers - just like insurance companies. There is a case study: a transgender sex worker worked as a masseuse, registered as self-employed and had private insurance. She contacted us with the following request: "I am registered with you as a masseuse, but in reality I am a sex worker. I am currently undergoing gender-affirming surgery and will not be able to return to work in three months, as is usually expected of a masseuse."

What did the insurance company do? They contacted their doctors, and the doctors said that they understood the situation and confirmed the need for a long sick leave. This shows that the rules have become more flexible and an understanding of real life conditions has emerged - a positive signal for the entire system.

The first legal employers and the "four freedoms"

“L-U”: How many employers are currently allowed to enter into contracts with sex workers?

Daan Bauwens: There are currently four such employers. As a rule, these are brothels and clubs located in the centers of large cities. Another 12 potential employers are waiting to receive permits.

In addition, there is a sex worker in the process of registration, who plans to become an employer for colleagues, who want to conclude contracts with them and support the agency. So, such an opportunity really exists.

“L-U”: And how long does registration take?

Daan Bauwens: The maximum waiting period is up to three months. That’s pretty quick. Of course, you need some experience to properly prepare the documents and start working.

“L-U”: Do you have statistics on sex workers’ access to sick pay, maternity pay or pension contributions?

Daan Bauwens: This will happen gradually. First, employers register, and then they conclude contracts. Maybe each recognized institution will have 10 contracts, maybe 20. This is the dynamics we are counting on.

Photo © Saskia Vanderstichele | "No change in the law is a ’magic wand’ for such a complex social phenomenon as sex work" - Daan Bauwens, Utsopi

“L-U”: You mentioned the right to refuse unsafe or unprotected sexual practices. Do you know of any examples where sex workers have actually exercised this right?

Daan Bauwens: No, we have not heard of any specific cases of its application. At the same time, we know that for employers who have been working in this field for a long time, respect for such rules has already been part of the institutions’ internal policy.

It is important to note that the four freedoms of sex workers, including the right to refuse and the right to defend one’s rights, were developed by sex workers’ organizations in the Netherlands. We have only adopted this approach. Without these practices, we would not have achieved the current result, because they have become a key element in the dialogue between politicians in parliament and civil society organizations.

The end of super-profits. Clients become allies in the fight for rights

“L-U”: Have you heard of conflicts where clients say: "It used to be done differently, and I don’t care about your laws"?

Daan Bauwens: No, but we have the opposite example. A sex worker told her clients about problems with her employer, and the clients themselves turned to him. The brothel owner apologized because he didn’t want to ruin his reputation – they were important customers.

“L-U”: Do brothel owners complain that it has become more difficult and expensive to work after the new laws were introduced?

Daan Bauwens: Yes, of course, most employers talk about investments, about the need to meet new standards, about respecting the rights of sex workers. If we boil these complaints down to the essence, they mean one thing: “I can’t earn as much as I used to.”

And that’s not a problem. Maybe these people were just making excess profits before, and now some of this money is going to social security, paid vacations and guarantees for sex workers. It is logical to assume that the owners might try to compensate for this by raising the prices for their services.

Myths about sex tourism: the results of the Belgian experiment

“L-U”: Has Belgium become a place of mass sex tourism after the change in legislation?

Daan Bauwens: No, we are not seeing a massive influx of sex tourists or workers from other countries. Yes, there are isolated cases, but Belgium is a small country, many people are interested in seeing how things work here. But this is not a trend.

The most encouraging trend is another. We are seeing many strong, creative, professional sex workers who used to work in the "grey area". It is because of this uncertainty that people often appeared in the sector who did not care about ethics, rights or working conditions.

Now this sector is gradually changing, we are receiving more and more applications - especially from sex workers themselves - who want to organize sex work completely legally. This was not possible before, and this is the key change now.

We understand that some businesses will continue to operate underground, and there will never be enough police or inspectors to detect everyone. As a result, sex workers have a choice: to remain in a gray area with an unscrupulous employer or to move to a place where clear rules, contracts, and respect for rights apply. Today, this choice is much greater than in the past.

Institutional changes: police, banks and overcoming stigma

“L-U”: Have the Belgian police become a “friend” of sex workers?

Daan Bauwens: Not everywhere, but we see a clear trend towards increased understanding on the part of the police. We cooperate with individual units at the local level, in particular we have contact with the metropolitan police and the investigative units that deal with human trafficking cases. It is a two-way process: we train law enforcement officers to distinguish between human trafficking and sex work, and the police contact us in specific cases. The trend is changing: there are fewer cases of pressure on sex workers by the police.

“L-U”: Has the situation changed with banks that used to massively block sex workers’ accounts?

Daan Bauwens: In some cases, the problems for representatives of the industry still exist. However, recently we have received significantly fewer complaints, so we can speak of a decrease in discrimination in this area.

Photo © Saskia Vanderstichele | Daan Bauwens, Utsopi: "The most significant legal changes came when sex work was decriminalized."

The trap of the "Swedish model" and questions of morality

“L-U”: Do feminist organizations that advocate the "Swedish model" of sex work criticize you?

Daan Bauwens: The claim that sex work itself is a form of oppression against sex workers may be an exaggeration. It is worth admitting that many people choose sex work not because of a good life, but because of a lack of other opportunities. This is a consequence of social and economic inequality.

That is why the position of radical feminists seems problematic to me. By considering sex work an "immoral choice" or an "immoral phenomenon," they discriminate against people who are already victims of inequality. They are effectively proposing to deprive these people of job security, pensions, unemployment benefits, and access to the social protection system. I do not understand this.

Sex work is a deeply social issue. It is closely linked to poverty, discrimination, unequal access to resources and opportunities. It is naive to believe that criminalization or imprisonment can solve these problems. No change in the law is a “magic wand” for such a complex social phenomenon as sex work.

When we talk about legalization or decriminalization, we need to constantly rethink the legislation and how it works in practice. At the same time, it is important that all social institutions are aware of these changes and understand their meaning: social services, state institutions, insurance companies, banks.

“L-U”: What would you like to wish Ukrainian sex workers?

Daan Bauwens: First of all, I wish Ukrainian sex workers - like all Ukrainians - maximum resilience. And I also want Ukrainian society to create a space in which sex workers know that they are part of it, their rights and protection are recognized, on a par with any other person in the country.

I sincerely invite representatives of sex workers from Ukraine to come to Brussels, to meet, talk and find ways to achieve similar changes in Ukraine together.

“L-U’: Daan, thank you so much for this conversation!

This is exclusive interview for legalifeukraine.com

Thanks to Yana Kazmyrenko (Яна Казмиренко) for the interview and preparation of this material.

Design: Portal editorial office.

Photo: Miguel Soll / UNAIDS; © Saskia Vanderstichele.

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