Feminism and Sex Work in Vancouver

Sex work and prostitution are categorized under the broader term of human trafficking, along with child marriage, pornography, etc. Focusing on sex work, this exploitation of women, in any form, is one of the most lucrative configurations of human trafficking. [1].

Feminist Approach

Many types of feminists exist who stand and fight for different causes pertaining to the position of women in society, but a broad statement all feminists seem to agree on is that men and women should be equal politically, economically, and socially [2] .

Pro-Prostitution Feminism

Most feminists would agree with a woman’s choice to engage in prostitution. It is empowering for a woman to take control of her body after they have been used by others for so long. When a feminist is pro-prostitution, they want to empower women to be free with doing what they please with their bodies all the while fighting to make sex work a safe and viable way of earning money. In their eyes, women should be able to choose prostitution, as well as other forms of sex work, with assurance of safety and respect. The pro-prostitution argument makes a very clear divide between voluntary sex work and coerced sex work [3] . As sex work is a branch off of human trafficking, they want it to be known that the sex industry cannot be automatically correlated to the violence and involuntary usage of another’s body.

Anti-Prostitution Feminism

Other feminists believe prostitution sexualizes a woman’s body and gives the power back to men to take advantage of it. It puts out the image that men still have control over not only the body, but the dignity and independence, of a woman. She must go to a man to earn her money in a way that is demeaning to not only her, but other women as well. It is seen as an unsafe practice as much violence stems from the sexual exploitation of women. They argue that prostitution in itself is inherently violent as no true consent is workable, leading to all prostitutes being casualties in the war against women’s bodies. The UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others (OHCHR, 1949) corroborates the narrative anti-prostitution feminists tell as their approach to defining prostitution is as a form of sexual exploitation [4] . Unlike pro-prostitution feminism, there is no clear divide between voluntary and coerced sex work. Their knowledge dispersion is based on the fact that sex work is still labeled as a form of human trafficking, without explaining the way a woman finds herself to be in a prostitution position.

SWERF (Sex Worker-Exclusionary Radical Feminist)

SWERF is the label given to feminists who support the conventional ideologies of feminism, but are highly opposed to the idea of sex work. They see it to be fundamentally oppressive to women no matter their involvement, whether it be prostitutes, pornography actors, phone sex operators, erotic dances, web cam performers, etc. They believe sex workers are not only the victims in these cases, but also end up becoming co-perpetrators of sexual objectification, violence, and exploitation [5] . When sex workers attempt to voice their own stories of exploitation/non-exploitation, SWERF rejects them. Their views are so narrow that if every one of their views are not being agreed with (which is quite easy to accomplish) they turn the other way. This all ends up being very hypocritical to the key feminist principles of sensitivity and empowerment.

Sex Work in Vancouver

Criminalization

Although sex work in Vancouver was never illegal, all actions surrounding the act, were. Criminalizing sex work leaves the workers in a highly violent and discriminatory environment. To protect the workers and make prostitution a viable source of income, decriminalization is crucial. Much of the stigma around sex work stems back to the way it is criminalized, so once overturned, it can be seen as a dignified and normal job. To decriminalize sex work would mean to ensure the safety and rights of these workers [6] . Due to the prohibiting of the purchase of sex, transactions with clients has become rushed and dangerous. In an effort to evade detection by police officers, the screening process of a potential client becomes limited, leading to the worker being put vulnerable positions. Since the workers cannot properly advertise and let people know of their work, communication becomes very secretive and negotiations have the potential of becoming violent [7] .

The Bedford Decision

The Bedford Decision was a case in 2008 brought forward by 3 sex workers who wanted to challenge the level at which Canada would allow sex work. Although it was never illegal, all the laws surrounding the job made it impossible to be a sex worker without having a loss in security, health, income, and overall respect. [8] This case was pivotal in moving to a place where the human rights of sex workers would be protected.

The attitudes surrounding sex work were very stigmatized because of the criminalization of the job. They were seen as less worthy of safety and were said to “deserve what they get” [9] . This portrayal makes it seem as though it is normal to treat sex workers as lesser than all, making it easier to exploit, abuse, and humiliate them.

The three sections of the Criminal Code the Bedford Case focused on were sections 210 (bawdy-house), 212(1)(j) (living off the profits of prostitution), and 213(1)(c) (communicating). They were the only ones focused on as they were the most unconstitutional and proved to be the laws that made it impossible for a sex worker to carry their job, as typical.

Bawdy House Law

This law made it illegal for a sex worker to engage in prostitution in a public setting, on a day-to-day basis. This caused a problem regarding safety as the workers could not conduct their work from their homes or other comfortable locations, resulting in the infliction of violence.

Living on the Avails Law

In accordance with this law, sex workers could not live off the profits they accumulated from prostitution. A law originally enforced to protect sex workers from exploitation from pimps, left the workers with a job that could not sustain them.

Communicating Law

The communicating law outlawed any public communication between a client and a sex worker, for the purposes of the job. This adversely pushed prostitutes to flee to secluded areas to conduct business. This introduced many safety hazards as workers could not properly screen their clientele for potential violent behaviours. The fear of arrest was too high, so their well-being was sacrificed.

The Decision

After much deliberation with the Supreme Court of Canada, on December 20, 2013, six months after the case was presented (June 13, 2013), the decision was released. All three laws were found to be unconstitutional as they forced threatening, and hazardous circumstances [10] . The sex workers were being left unprotected to violence, marginalization, stigma, and disease, at very high rates, due to these laws.

This overturning of laws was a huge with for sex workers in Canada, but it was short-lived as in November of 2014, the government responded to the Court’s ruling by introducing new sex work laws. In Bill C-36: Protection of Communities and Exploited Persons Act, new laws, very similar to those challenged in the Bedford case, were put into place. These new laws criminalize the buying of sex work, but do not criminalize the workers providing it. Again, most acts surrounding sex work are illegal, which makes it very distressing for a sex worker to do their job, while being safe and legal.

PIVOT

Pivot is an organization that focuses on helping with issues with police accountability, drug policy, homelessness, and sex workers’ rights in the Downtown Eastside of Vancouver. Opened in 2001, Pivot has been the response team to the human rights crisis in the DTES and have ‘worked in partnership with marginalized people and grassroots organizations to challenge legislation, policies, and practices that undermine human rights, intensify poverty, and perpetuate stigma” [11] .

Contributions

Pivot has protected the fundamental rights of sex workers by demanding change form the federal legislation that does not care enough for the lives it endangers.

With the introduction of the Protection of Communities and Exploited Persons Act put into place in 2014, Pivot has actively challenged the departure from the win the Bedford case brought forward.

In 2013, in an effort to directly protect the sex workers of Vancouver, Pivot handed out a series of “Know Your Rights” cards to notify sex workers of which of their acts may still be illegal under the current laws.

Pivot has worked with the Vancouver Police Department to try and minimize the harassment and intimidation sex workers face by officers. They have required officers to prioritize the safety and wellbeing of sex workers over law enforcement.

The Red Umbrella March

The Red Umbrella March is an annual walk comprised of sex workers, allies, and anyone who wishes to show support and recognition for the dangers sex workers face, with the help of laws that criminalize them, to this day [12] . Participants come wearing read, while carrying red umbrellas, and support a different facet of solidarity every year.

The walk is co-organized by