Legislative frameworks surrounding sex work around the world

  • Decriminalization

    This model, adopted in New Zealand among other places, removes all laws that specifically criminalize sex work. The industry is governed by ordinary labour laws and business regulations. Sex workers’ rights advocates often consider decriminalization to be the approach most respectful of human rights.

  • Legalization

    Under this framework, sex work is legal but heavily regulated by the state. Licences, mandatory health checks and designated areas for practicing the profession are generally put in place. The Netherlands and Germany are examples of countries that have legalized and regulated sex work.

  • Neo-abolitionism

    Also known as the “Nordic model” or “abolition model,” this system criminalizes the purchase of sexual services but not their sale. The goal is to reduce demand while framing sex workers as victims. Canada adopted a variation of this model in 2014 with the Protection of Communities and Exploited Persons Act.

  • Abolitionism

    This model prohibits all forms of sex work. It criminalizes sex workers, clients and third parties involved. Many countries still adopt this approach, defining sex work as illegal and punishable by law.

Laws surrounding sex work in Canada

Laws surrounding sex work in Canada, including Bill C-36, are based on an approach that primarily criminalizes clients and third parties, while leaving sex workers in an ambiguous situation. Although selling sexual services is not illegal, purchasing these services, as well as advertising and the involvement of third parties (such as pimps or managers), can lead to criminal penalties. This legislation, inspired by the Nordic model, aims to reduce demand by criminalizing clients, but its repercussions directly affect sex workers, particularly when it comes to their safety and working conditions.

Impacts on sex workers:

The restrictions imposed by the law force encounters to take place in isolated locations, increasing the risk of violence. In addition, sex workers are often reluctant to report crimes for fear of retaliation or stigma from authorities. The criminalization of advertising also limits their ability to set a clear framework with clients, which makes it harder to negotiate rates and services.

Sex workers’ rights:

Despite the restrictive legal framework, sex workers have fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms. They have the right to safety, dignity and respect for their limits. They can also organize collectively to defend their rights and improve their working conditions, even though stigma and legal challenges make this work more difficult.

Decriminalization and alternatives:

The debate around the decriminalization of sex work remains central to sex workers’ rights movements. Examples such as New Zealand show that decriminalization can improve working conditions and offer better protection from violence. In this sense, Bill C-36, although intended to protect people who are exploited, ultimately increases the risks for those it claims to help.