Exceptional workers? sex work, labor rights and the law
摘要
The laws surrounding sex work vary significantly globally, and are subject to intense, highly politicized debates. Within the context of these debates, sex work is often exceptionalized as a uniquely exploitative form of work, or its status as a form of work is denied entirely. Such debates often focus on criminal law and contribute very little to understanding the conditions of labor. Research consistently demonstrates that forms of criminalization negatively impact sex workers' occupational health and safety. However, the intricacies of labor laws in jurisdictions where sex work is legalized or decriminalized, and the laws' applicability to sex workers' practice and experience remains underexplored. Drawing on 30 in-depth interviews with sex workers in New Zealand, Canada, and Nevada undertaken between 2020 and 2023, in this paper we examine how participants who had worked in indoor, managed venues perceived and navigated their working conditions in the context of diverse laws and regulations pertaining to their work. We critically examine the distinctions between legal vs ethical practices in workplaces, examine the tensions that participants negotiated, and consider the outcomes of these laws for workers in the sex industry. We argue that moving beyond debates about criminalization to fulsome inclusion of labor protections and rights is crucial to minimizing labor exploitation in the sex industry.