Encyclopedia of Opinion
Question
What should the legal status of prostitution be?
Position2 of 4
Prostitution should be decriminalised
Argument5 of 7

Decriminalisation enables sex workers to unionise

Sex work is work, and sex workers, like any other members of society are entitled to safe working environments. Decriminalisation would enable an independent body to provide union support to sex workers and help to regulate industry standards. This is possibly a better alternative than to give authority to the government on the circumstances in which sex work can be legal as it removes the idea that the selling of sexual labour is inherently problematic.

The argument

Unions are a natural part of many societies. Workers fight for their rights and are protected by the law against discrimination and harsh conditions in labour unions. Unions would provide sex workers with more internal and external safety measures, such as decreased work hours and regular sexual disease screenings. For sex work, all of those issues are critical within the industry. By allowing sex workers to unionise, not only will the individuals be safer, but so will the market as a whole. Sex workers face external discrimination and bias by the police and public. If societies legalize prostitution, allowing sex workers to unionize, sex workers would have more protection under the law against violence and abuse. Unions would give sex workers a greater ability to fight against discrimination and improve their rights. With unions, sex workers would also have greater wages and therefore, a greater ability to spend money and spur their local economies. Labour unions would not only provide extra safety measures for sex workers, but also for the industry. In order for labour unions to form in sex work, nations must decriminalize prostitution.

Context

Unions allow workers to form groups that protect their individual rights, as well as their overall ability to gain better benefits and a more safe and inclusive work environment. There is vast support for the decriminalisation of sex work and the industry's ability to unionise. Major international organizations, such as the World Health Organization, Amnesty International, and Human Rights Campaign. support the decriminalisation of sex work.

Premises

[P1]Labour unions protect workers from discrimination and harsh conditions, and would give sex workers critical safety measures—shorter hours, regular health screenings and legal protection against violence and abuse. [P2] Unions would also strengthen sex workers' ability to fight discrimination and raise wages, benefiting both individuals and the wider market—but such unions can only form if prostitution is decriminalised. [C] Therefore, because decriminalisation enables sex workers to unionise, prostitution should be decriminalised.

Counter-arguments

The debate on unionisation in prostitution is deeply rooted in whether or not prostitution is considered a legal profession. In many nations, it is not. Unions would not make sex work safer for any party involved. The legalisation of prostitution and unions would only allow for further exploitation under the cover of the law. Unions would make abuse and violence internally amongst sex workers harder to prosecute. In the prostitution industry, workers operate as independent contractors, often without bosses or supervisors. Unions would not be possible or effective within the current system. It is not feasible to unionise an industry that is extremely difficult to track or regulate.

Rejecting the premises

[Rejecting P1] The benefits listed are what unions win within an employment relationship, against an employer with hours and conditions to bargain over, and the counter's objection is that much of this work is done by people operating independently — so the premise assumes the industrial structure it would have to establish. [Rejecting P2] Legal protection against violence follows from decriminalising the sale of sex rather than from unionisation, so the premise's strongest point does not need the conclusion it is offered for — and the sibling legalisation and Nordic-model positions each claim to deliver the same protections by other routes.