NZ law recognises sex workers rights.

Strengthens Occupational Safety and Health

Catherine HealyNational Co-ordinator

New Zealand Prostitutes’ Collective

Melbourne, July 2014

Aims of the Prostitution Reform Act 2003To decriminalise prostitution and create a framework that:• safeguards the human rights of sex workers and

protects them from exploitation• promotes the welfare and occupational health and

safety of sex workers• is conducive to public health• prohibits the use of prostitution of persons under 18

years of age• implements certain other related reforms

Structure: lots of choiceIndoor (83%) Outdoor

(17%)

BOOBs (62%) SOOBs (38%)

• Sex workers have many choices of where they can work: managed/not managed, indoor/outdoor, online/newspapers.

• There is no register of sex worker’s names.• Basis of occupational safety and health is

that there is lots of choice supported by law.

Health and Safety• Dept of Labour

produced Occupational Safety and Health Guidelines in consultation with NZPC, sex workers, and brothel operators.

• Ground up – not imposed from above.

• Always a work in progress – in-house protocols important.

OSH Guidelines• Sex workers should attend regular sexual health

assessment. • Frequency of assessment is a matter of

determination by the individual sex worker in consultation with his/her clinician and must be voluntary.

• The Health and Safety in Employment Act provides that an employee may refuse to perform any work which they believe is likely to cause them serious harm. Importantly the Prostitution Reform Act is reinforced in the guidelines.

Right to say No• The PRA gives sex workers the right to

refuse to provide, or continue to provide, a commercial sexual service to any person.

• The fact that the person has entered into a contract to provide commercial sexual services does not limit the sex worker’s ability to withdraw his or her services or consent.

Sex workers more empowered to choose

Table 6.3 Ability to refuse clients in last 12 months for Christchurch female 1999 and 2006 samples

Christchurch 1999

%

Christchurch 2006

%

Felt that they had to accept a client when they didn’t want to in last 12 months Street Workers Managed Workers Private Workers

53 58 63

44 45 38

Refused to do a client within the last 12 months Street Workers Managed Workers Private Workers

85 47 77

82 68 77

Abel, et al, 2007

Health and Safety• Medical Officers of Health – Inspectors of

Brothels (section 26 PRA).• NZPC case study – cultural sensitivity.• Powers of entry under certain conditions

I’m very comfortable with that role. You know, I don’t have any ethical or moral qualms about it, and in fact I fully support anything that could be done, around, improving work conditions…. There’s certainly potential there and we would certainly like to do more in this area, both from what we’ve got under the Act here, but also from there’s going to be other potential health gains from it for a whole lot of reasons.’ (Medical Officer of Health, Wellington).

Operators held to account• Lodging complaints with OSH and the

Medical Officer of Health• Sex workers are utilising formal

employment mediation services, and the Disputes Tribunal to resolve conflicts with operators (sexual harassment, money, disputes).

Sex worker awarded $25,000 for sexual harassment

Police help short-changed sex worker

(NZ Herald, 10:51 AM Sunday Jul 13, 2014)

Police resolved a dispute between a sex worker and a client who refused to pay — by escorting the man to a cash machine to settle his $100 bill.

Police settled the matter by driving the man home to get his wallet, taking him to an ATM and then delivering the cash to the worker.

Thank you