International Day to End Violence Against Sex Workers

Candles and messages commemorating dead sex workers: "Annette Nicholls, 29 years old, Murdered 2006, Ipswich, UK," "Fight violence, not sex workers."On the International Day to End Violence Against Sex Workers, 17 December, Jean Urquhart has given her support to the voluntary organisations that work to protect the health and saftey of sex workers in Scotland.

Thousands of sex workers and sex worker-led organisations around the world, and their allies, mark each 17 December as the the International Day to End Violence Against Sex Workers. The event began in 2003 to honour the sex workers who were murdered by the Green River Killer in Seattle, and 2015 is the 12th annual event.

Jean joined the sex-worker charity ScotPep, the grassroots collective Sex Worker Open University (SWOU), the community health project Umbrella Lane and HIV charity Terence Higgins Trust Scotland in observing the day and calling for the decriminalisation of sex work, as proposed by Jean’s Prostitution Law Reform Bill.

Criminalisation and stigma mean that sex workers are disproportionately vulnerable to violence, including in Scotland. Jean has brought forward the proposed Bill to change the law to make sex workers safer, and her proposals that have been supported by every sex worker-led organisation in Scotland.

Jean said:

“When I started speaking with sex workers in Scotland I was struck by what they told me about how the law makes them less safe. For example, two women working together for safety in a flat can be both arrested for brothel-keeping, which forces sex workers to work alone – and signals to predators that they are ‘easy targets’.

“It should be unconscionable that the law makes sex workers so vulnerable to violence, and I’m proud to have brought forward proposals that are based on what people who sell sex say will keep them safe. International Day to End Violence Against Sex Workers should be a day of reflection, and I hope that my colleagues in Holyrood will reflect on whether it should be acceptable for another year to pass with sex workers in Scotland still denied access to safety and justice.”

Luca Stevenson, co-founder of the Sex Worker Open University, said:

“Violence against sex workers is endemic across Europe. Too often, the supposed ‘solution’ is presented as the criminalisation of clients – a disastrous policy failure that has made sex workers vastly more vulnerable to violence, HIV, and stigma. Jean Urquhart’s proposals can lead the way in Europe in showing that laws built around respect for sex workers are possible.”

Nadine Stott, ScotPep co-chair, said:

“Sex workers in Scotland have seen another year pass where criminalisation has meant that they are still vulnerable to violence. However, there is also hope: for the first time this year, a debate about sex work policy launched with the voices and concerns of sex workers themselves at the heart of it. We’re looking forward to 2016, hopeful that this will set the tone for future discussion about the laws that affect sex workers. Only then can policy be shaped in such a way as to push back on the epidemic of violence that sex workers in Scotland face.”

ScotPep board member Raven Bowen said:

“Today as we light our candles and honour our dead, we also recognise that all eyes are on Scotland in 2016, which can be among the first countries to stand on behalf of sex workers and enact legislation that prioritises their health, safety and human rights. Sex workers, activists and researchers are redoubling advocacy efforts across the United Kingdom to ensure that sex workers are never again denied their due rights and the benefits of citizenship.”

Anastacia Ryan, co-founder of Umbrella Lane, said:

“Sex workers were telling us that they were feeling unable to access health and support services in the Glasgow area because of the stigma and judgement that they were being subject to. This is an unacceptable state of affairs: sex workers deserve unimpeded access to health care and to support. We set up Umbrella Lane as a community-led health project to fill this gap, because stigma, judgement, and lack of access to healthcare are also forms of violence against sex workers.

“We’ve been delighted by the supportive response from the community and from sex workers accessing our services – there is a growing recognition that stigma and criminalisation should be consigned to the past, and Jean Urquhart’s proposals are a key part of moving our society forward.”

Robert McKay, National Director at Terrence Higgins Trust Scotland said:

“Tackling violence against sex workers is a crucial component of reducing the transmission of HIV and improving the sexual health of everyone in the industry. This is why the Terrence Higgins Trust Scotland, like our colleagues elsewhere in the UK, has long supported the full decriminalisation of sex work along the lines of Jean Urquhart’s proposals. On International Day to End Violence Against Sex Workers, Terrence Higgins Trust Scotland again calls on policymakers to listen to sex workers and the evidence – Scotland needs the New Zealand model.”

Advertisements

Prostitution Law Reform – an extra week to have your say!

Find out more and have your say: visit prostitutionreform.scot.

Women from the Sex Workers' Open University demostrate with red umbrellas and placards reading 'Solidarity with sex workers'.
Photo: Sex Workers’ Open University
Scots now have until Tuesday 8 December to give their views on Jean’s proposal for a new law to protect the rights and safety of sex workers by decriminalising activities associated with the buying and selling of sex, and by strengthening measures against coercion.

The public consultation on the proposed Prostitution Law Reform (Scotland) Bill was due to close on Tuesday 1 December, but Jean has extended the deadline by seven days in response to a late flurry of submissions, and after receiving requests from some important stakeholders for extra time to finalise their comments.

Jean has launched a new website, prostitutionreform.scot, to provide easy-to-understand information and evidence on her proposals, and to guide you through the process of submitting your response to the consultation. You can also download the consultation document, which includes full details on how to contribute your views.

Jean worked closely with sex workers’ rights charity SCOT-PEP in the development of her proposals, which are based on successful reform in New Zealand, and are also backed by HIV Scotland and NUS Scotland.

The new law would:

  • Permit small groups of sex workers (up to four) to work together from the same premises, and for larger premises to be licensed. Currently, even two sex workers who work together for safety are criminalised for brothel-keeping – forcing sex workers to work alone increases their vulnerability to violence.
  • Scrap laws against soliciting and kerb-crawling. Evidence shows both measures reduce the amount of time sex workers have to assess their safety and agree services, which again increases their vulnerability to violence.
  • Extend protection against coercion, which only applies to female sex workers under current legislation, and make those provisions more robust – in line with what sex workers say they need.
  • Permit sex workers to have joint finances with their families or flatmates. Currently the partners and family of sex workers are criminalised, which is isolating and stigmatising, and assumes coercion rather than tackling coercion directly.

Jean said:

“We’ve had a great response to the consultation so far, with a huge diversity of viewpoints from across Scotland and as far afield as Canada and Namibia.

“As the initial deadline nears we’ve had a rush of responses, but there are also some important Scottish stakeholders who have told us they are still developing their submissions.

“I think it’s essential we give everyone the maximum possible opportunity to have their say, so we’ve decided to extend the deadline for responses by a week. You can now contribute to the consultation up until Tuesday the 8th of December.

“I urge everyone to read the proposal and give their views. None of it is in technical language and it’s been prepared in partnership with people with direct experience of sex work. You can give your views entirely in your own words and there’s no need to produce a long response – whatever you want to say is valuable.

“Despite the support for decriminalisation offered by organisations from Amnesty International to the World Health Organisation, I know these proposals will be controversial. Some think sex work is simply immoral, or cannot be made safer, or that punishing clients can be done without harming sex workers. Others claim that sex workers are somehow themselves responsible for the problems of a sexist society.

“I hope everyone will take this opportunity to take a look at my proposals, make up their own mind and have their say.”

Nadine Stott, co-chair of SCOT-PEP, said:

“We are incredibly grateful to Jean Urquhart for bringing forward the first comprehensive set of proposals designed to allow sex workers to work safely in Scotland. The purchase and sale of sex is currently legal, but in general, the law prevents sex workers from being able to work safely, and that must end. There is no reason why sex work should only be permissible if a single person works alone in their flat, for example. That law leaves sex workers vulnerable to violence and exploitation, as do the current laws on street-based sex work, which also seriously hamper sex workers’ ability to move onto other work.

“The evidence from New Zealand, where similar proposals were passed in 2003 in close consultation with sex worker-led organisations, is that putting safety first works. The New Zealand model reduces violence, enables sex workers to have greater confidence in reporting crimes to the police. It has also not led to an increase in sex work.

“We look forward to supporting this process through Parliament, to seeing responses to the consultation, and to working with MSPs to put sex workers’ safety at the heart of the debate for the first time.”

Please take part in my consultation on a new sex work law

Candles and messages commemorating dead sex workers: "Annette Nicholls, 29 years old, Murdered 2006, Ipswich, UK," "Fight violence, not sex workers."Dear friends,

This morning, I published a consultation, which is the first step towards bringing a new Bill before the Scottish Parliament. My proposed new law is the Prostitution Law Reform (Scotland) Bill, which I have developed with the sex-worker-led charity SCOTPEP to promote the safety and uphold the rights of people selling sex in Scotland. It seeks to reform and repeal existing laws, which criminalise activities associated with sex work, and introduce more robust safeguards against coercion and exploitation.

The consultation document includes details of my proposals, and questions that I’d like you to respond to to help develop and improve the Bill. The closing date for responses is Tuesday 1st December. To download the consultation, click here.

It is important to stress that this proposed Bill does not argue that the sex industry is free from violence and exploitation. Sex workers themselves can amply testify to the fact that both are present in the context of their work. Criminalisation itself has been recognised to create a fertile ground for human rights abuses to flourish. This proposed Bill represents a practical solution to these issues and it has been guided by what people currently selling sex say that they need. The focus, therefore, is first and foremost on safety and rights.

Sex workers’ vulnerability to violence is often treated as an argument for further criminalisation, but in fact sex workers are made vulnerable to violence by criminalisation. My proposed Bill adopts an evidenced-based approach to the issue and is grounded in an awareness of the multiple harms caused by criminalisation. It encourages the authorities in Scotland to switch their attention away from arresting and prosecuting sex workers and towards protecting them from violence.

More than ten years ago New Zealand adopted world-leading legislation, based on pragmatic policy positions supported by sex workers themselves, and this approach has since been widely recognised to have delivered substantial material benefits for sex workers and for society. My proposed Bill looks to replicate the success of the New Zealand model in Scotland: a set of laws and policies which prioritise the safety, rights and health of people currently selling sex.

The key elements of the proposed bill are:

  1. Permit small groups of sex workers (up to four) to work together from the same premises, and for larger premises to be licensed. Currently, even two sex workers who work together for safety are criminalised for brothel-keeping – forcing sex workers to work alone increases their vulnerability to violence.
  2. Scrap laws against soliciting and kerb-crawling. Evidence shows both measures reduce the amount of time sex workers have to assess their safety and agree services, which again increases their vulnerability to violence.
  3. Extend protection against coercion, which only applies to female sex workers under current legislation, and make those provisions more robust – in line with what sex workers say they need.
  4. Permit sex workers to have joint finances with their families or flatmates. Currently the partners and family of sex workers are criminalised, which is isolating and stigmatising, and assumes coercion rather than tackling coercion directly.

I’m very grateful to have already received support for the Bill from HIV Scotland, NUS Scotland, the European Network of Sex Work Projects, and individual sex workers in Scotland. This consultation is your opportunity to give your views on the ideas in the proposed Bill, and to help refine and add to those ideas. I hope the consultation will generate a lively and positive discussion on how best to keep sex workers safe.

It’s essential that policy debates are led by those most affected. That’s why I have listened above all to sex workers themselves in formulating these proposals, and I am particularly keen to receive consultation responses from sex workers.

Please do download the full consultation document, and add your views and experience to this important discussion.

My hope for this process is that we can produce a Bill which will pave the way for a legislative framework which affirms and upholds the rights, safety and health of everyone who sells sex in Scotland: a piece of legislation fit for a forward-thinking and progressive nation.

Best wishes,

Jean

Jean launches new Bill to decriminalise sex work

Women from the Sex Workers' Open University demostrate with red umbrellas and placards reading 'Solidarity with sex workers'.
Photo: Sex Workers’ Open University
Jean Urquhart has published a consultation on a new law to promote sex workers’ rights and safety by decriminalising sex work.

Jean’s proposed Prostitution Law Reform (Scotland) Bill has been developed in close consultation with sex workers in Scotland, and are supported by SCOT-PEP, a charity which campaigns for the rights of sex workers. It has also been supported by HIV Scotland and NUS Scotland, and the decriminalisation approach taken by Jean’s proposals is backed by Amnesty International, Human Rights Watch, UNAIDS and the World Health Organisation.

Read Jean’s personal messageDownload the consultation

The proposed Bill would:

The four key elements of the proposed legislation are as follows:

  1. Permit small groups of sex workers (up to four) to work together from the same premises, and for larger premises to be licensed. Currently, even two sex workers who work together for safety are criminalised for brothel-keeping – forcing sex workers to work alone increases their vulnerability to violence.
  2. Scrap laws against soliciting and kerb-crawling. Evidence shows both measures reduce the amount of time sex workers have to assess their safety and agree services, which again increases their vulnerability to violence.
  3. Extend protection against coercion, which only applies to female sex workers under current legislation, and make those provisions more robust – in line with what sex workers say they need.
  4. Permit sex workers to have joint finances with their families or flatmates. Currently the partners and family of sex workers are criminalised, which is isolating and stigmatising, and assumes coercion rather than tackling coercion directly.

The consultation is open for responses from the pubic until December 1st 2015. You can download the consultation document here.

Speaking about why she has developed the proposals, Jean said:

“With the death of Margo MacDonald, Scotland’s sex workers lost an irreplaceable friend and ally. With the exception of the proposals she campaigned for, the debate about Scotland’s prostitution laws has for too long been conducted as if sex workers should be pushed out of sight. They have been systematically ignored while laws which expose them to violence and stigma have been preserved or extended. These proposals take on board not only the experience and concerns of sex workers, but also reflect a growing international consensus that what sex workers most need is safety and labour rights, not the risks which come from criminalisation.

“Despite the support for decriminalisation offered by organisations from Amnesty International to the World Health Organisation, these proposals will be controversial. Some think sex work is simply immoral, or cannot be made safer, or that punishing clients can be done without harming sex workers. Others claim that sex workers are somehow themselves responsible for the problems of a sexist society. I would urge anyone who takes those views to read the evidence, to read the consultation, and to consider whether their feelings are more important than sex workers’ right to work safely.”

Nadine Stott, co-chair of the sex workers’ rights charity SCOTPEP, said:

“We are incredibly grateful to Jean Urquhart for bringing forward the first comprehensive set of proposals designed to allow sex workers to work safely in Scotland. The purchase and sale of sex is currently legal, but in general, the law prevents sex workers from being able to work safely, and that must end. There is no reason why sex work should only be permissible if a single person works alone in their flat, for example. That law leaves sex workers vulnerable to violence and exploitation, as do the current laws on street-based sex work, which also seriously hamper sex workers’ ability to move onto other work.

“The evidence from New Zealand, where similar proposals were passed in 2003 in close consultation with sex worker-led organisations, is that putting safety first works. The New Zealand model reduces violence, enables sex workers to have greater confidence in reporting crimes to the police. It has also not led to an increase in sex work. We look forward to supporting this process through Parliament, to seeing responses to the consultation, and to working with MSPs to put sex workers’ safety at the heart of the debate for the first time.”

Stewart Cunningham, also co-chair of SCOTPEP, said:

“I recently had the opportunity to visit New Zealand to explore the effects of their legal model first hand. While I was there I met with sex workers, representatives of the New Zealand Prostitutes Collective, and a number of academics who have studied the impact of the law, and I am convinced now more than ever that this is a legislative model that Scotland must adopt. In New Zealand, the rights, health and safety of sex workers are prioritised above any moral or ideological objection to exchanging sex for money. I met with the former sex worker who was the first person to take a brothel manager to court for sexual harassment and was awarded $25,000 in compensation. She emphasised to me how in a decriminalized system she did not have to tolerate harassment and abuse from her manager and was empowered to use the law to hold him to account.

“The effect of the New Zealand approach to sex work is summed up in the words of the human rights tribunal in this case when they said simply that ‘sex workers have the same human rights as other workers.’ It is time that Scotland began prioritising the rights and protection of people who trade or sell sex, for whatever reason, rather than arresting and prosecuting them and perpetuating harm.”

George Valiotis, Chief Executive Officer for HIV Scotland, said:

“International organisations like UNAIDS and the World Health Organization have long called for the decriminalisation of sex work, and Jean’s proposals are firmly based in that evidence. In 2012, the WHO called the decriminalisation of sex work a ‘minimum global standard’. Criminalisation clearly inhibits sex workers’ safety and access to services, including HIV-related services. As such, we welcome any move to follow these international and evidenced-based recommendations.”

NUS Scotland President Vonnie Sandlan said:

“I’m delighted that these proposals have been brought forward – they are long overdue. The safety and rights of sex workers is a feminist issue, and one which we know is of great importance to students in Scotland. As a feminist I wholeheartedly support these measures, and hope that they signify the start of a new normal in policymaking, where the voices and experiences of sex workers are prioritised.”

Luca Stevenson, co-ordinator for the European Network of Sex Work Projects (ICRSE), said:

“ICRSE, a European network of seventy five organisations advocating for sex workers’ rights, strongly supports this decriminalisation bill.

“The criminalisation of sex work profoundly fails to protect sex workers. Criminalisation of the purchase of sex, as experimented with in Sweden and Norway, increased the stigma directed against sex workers, and increased sex workers’ vulnerability to violence – and made them less likely to report abuse and violence to the police. We hope MSPs will listen to sex workers and human rights organisations who, after years of research, unequivocally support decriminalisation.”

Cat, a sex worker in Scotland, said:

“Finally a politician has listened to us and put our safety first. I can’t understand why policymakers love to talk about how dangerous sex work is and yet support laws that force us to sell sex alone. Jean listened to people currently selling sex in Scotland and actually cared about our safety, rather than grandstanding or seeing us as a problem to be ‘cleared away’. I hope other politicians will follow her lead.”

Mike, a male sex worker, said:

“I have worked for several years in Glasgow, offering sexual services to men. Society needs to comes to terms that many of us have decided to sell sex and laws that criminalise us do not stop sex work. Many of my clients are mature men who have only recently accepted their sexuality and prefer to hire an escort than hanging out on the ‘gay scene’ or using apps. It is unbelievable that people would want to see either my clients or myself fined or jailed. Criminalising consensual sex between adults should be confined to the 1960s, not a modern democratic country like Scotland.”

Jean welcomes Amnesty vote to back decriminalisation of sex work

Candles and messages commemorating dead sex workers: "Annette Nicholls, 29 years old, Murdered 2006, Ipswich, UK," "Fight violence, not sex workers."Jean Urquhart has congratulated Amnesty International delegates on their vote to support decriminalisation of sex work, in order to protect the rights and safety of sex workers.

Delegates at the campaign’s International Council Meeting in Dublin today approved the resolution calling for a new “Policy on state obligations to respect, protect, and fulfil the human rights of sex workers,” which includes support for decriminalisation of sex work. The result of the vote was announced just after 5pm UK time.

The new policy will bring Amnesty International into agreement with Human Rights Watch, UNAIDS and the World Health Organisation, as well as almost all organisations representing sex workers themselves, in calling for the decriminalisation of sex work.

Jean said:

“This is an excellent and thoughtful decision by the Amnesty movement, and a huge victory for sex workers who are fighting for their rights and their safety.

“The vote took place in a context of loud but mostly ill-informed attacks from opponents as varied as religious groups and Hollywood actors. Amnesty’s delegates should be congratulated for listening to the evidence and to the voices of those most affected – sex workers themselves.

“Around the world, sex workers are routinely marginalised, stigmatised, and denied the most basic human and labour rights. Sex workers themselves are very clear these abuses are exacerbated, or in many cases even created, by the criminalisation of sex workers or their clients.

“Both the hard evidence and sex workers’ own testimony tell us that fully decriminalising sex work, as in New Zealand, is the best way to protect sex workers and their communities. This would allow co-operation instead of conflict with the authorities, improve the health and safety of sex workers, and create the best possible environment for the eradication of coercion, trafficking and underage sex work.

“Amnesty’s backing is a massive boost to this urgent campaign. I’m looking forward to working with Amnesty in Scotland to secure the rights and safety of sex workers here and internationally.”

In Amnesty’s statement on the vote, Secretary General Salil Shetty said:

“Sex workers are one of the most marginalized groups in the world who in most instances face constant risk of discrimination, violence and abuse. Our global movement paved the way for adopting a policy for the protection of the human rights of sex workers which will help shape Amnesty International’s future work on this important issue.”

Letter in the Guardian: Labour rights are the key to sex workers’ safety

Jean’s letter in the Guardian newspaper last week, responding to the campaign to criminalise the purchase of sex, a move which sex workers say would make them less safe:

Former police officer Alan Caton celebrates the criminalisation of the purchase of sex in Northern Ireland and suggests that crackdowns make sex workers safer (Letters, 1 June). However, sex workers themselves tell us the exact opposite. When the highly successful tolerance zones for street prostitution were abolished in Edinburgh, for example, sex workers reported a 95% increase in violence over 12 months.

Mr Caton further proposes criminalisation of clients as a solution to trafficking; it is hard to understand how he believes threatening the key witnesses to trafficking and coercion – the clients – with a sex-crime record if they come forward would help with investigating and prosecuting this awful crime.

There is little evidence that the criminalisation of clients even achieves its proponents’ aim of reducing demand for sex work. Following criminalisation in Sweden, police themselves have observed a sharp increase in massage parlours in Stockholm – from 90 in 2009 to 250 in 2013.

What sex workers tell us would actually protect them would be to ensure their labour rights, including the right to work in a shared premises, to eliminate stigma and discrimination against sex workers, and to decriminalise sex work.

Jean Urquhart MSP
Independent, Highlands and Islands

To find out more about issues affecting sex workers and read sex workers’ own views, visit SCOT-PEP and the Sex Worker Open University.

Jean criticises ‘knee-jerk’ call to criminalise sex work

Candles and messages commemorating dead sex workers: "Annette Nicholls, 29 years old, Murdered 2006, Ipswich, UK," "Fight violence, not sex workers."Jean has urged the Scottish Government to resist religious calls to criminalise the purchase of sex. 36 religious leaders signed a letter to the First Minister demanding Scotland adopt the ‘Swedish model’ of making buying sex a criminal offence, but sex workers say such a move would put them in more danger while doing nothing to help eradicate trafficking.

The most up-to-date study on the law in Sweden, released this week, concludes that there is no evidence that it has reduced demand, and that it has only made sex workers more isolated, vulnerable and afraid.

Jean said:

“Human trafficking is one of the most heinous crimes there is, and eradicating it will take a serious response, drawing on the best evidence. This effort to piggyback a knee-jerk, moralising reaction onto vital human trafficking legislation is deeply unhelpful.

“The ‘Swedish model’ that the churches call for in their letter cannot demonstrate any success at all in reducing trafficking. What it does do is put sex workers at greater risk of violence and sexually transmitted infections, which is why sex workers and international health organisations alike oppose it.

“What would absolutely help protect both sex workers and migrant workers from coercion and mistreatment would be measures to guarantee their labour rights. The better supported and organised both groups are, the safer they will be and the easier it will be to detect and prosecute crimes like trafficking.”

“The Justice Secretary, Michael Matheson, has offered to meet the authors of the letter to discuss the issue. I have written to him to ask that he also meet with sex workers themselves, as they are the people who have real experience of the situation and who will be those most at risk if the churches’ campaign were to succeed.”

Jean has been working with the sex-worker-led charity SCOT-PEP to understand the reality of sex work in Scotland, and press for changes that will genuinely protect sex workers. The co-chair of SCOT-PEP said earlier:

“If the Church of Scotland think that this law will reduce trafficking, they’ve been misinformed. The Swedish government cannot show a reduction in trafficking – but sex workers in Sweden are more vulnerable, isolated and afraid. The vast majority of trafficking happens into the agricultural industry and domestic service, and yet no one is recommending criminalising the purchase of groceries or the hiring of a cleaner. All migrant workers need their labour rights protected: that is what would genuinely fight exploitation, not more failed criminalisation that drives people away from support and services.”

Emma, a former sex worker, added:

“As a former sex worker living with HIV, I am saddened at this Church of Scotland call. In the 80s and 90s the Church were at the forefront of new approaches to harm reduction, drug use and HIV. They funded the work of Shiva, a street based sex work project. I always considered that they were our allies in a fight against HIV discrimination and violence, and we would love the opportunity to sit down with you and talk. These laws would put another generation of sex workers at risk of the violence, HIV and stigma that the church helped us climb out of”.

Jean urges decriminalisation for sex workers’ safety

Candles and messages commemorating dead sex workers: "Annette Nicholls, 29 years old, Murdered 2006, Ipswich, UK," "Fight violence, not sex workers."Jean has criticised Edinburgh’s decision to delicense its saunas and massage parlours, and called for a debate on decriminalising sex work in order to improve safety and decrease stigma.

Her intervention has been praised by the sex-worker-led charity SCOT-PEP as “courageous”.

In a motion to the Scottish Parliament, Jean praised Edinburgh’s formerly strong record of harm reduction policies on sex work, and urged the capital to reconsider.

Edinburgh has been unusual in granting Public Entertainment Licenses to sex work premises, a policy which improved health and safety and was strongly supported by sex workers themselves. Until 2001, Edinburgh also recognised tolerance zones for street prostitution.

Jean highlighted calls from sex workers’ organisations for full decriminalisation, as practiced in New Zealand since 2003. Kiwi sex workers now report much greater safety and wellbeing. Decriminalisation is supported by the World Health Organisation (WHO) and the Joint United Nations Programme on HIV/AIDS (UNAIDS).

Jean said:

“Our first duty in dealing with sex work must be the protection of the safety and dignity of sex workers. Sex work can be dangerous; but those dangers are exacerbated, or in many cases even created, by criminalisation.

“In Edinburgh’s case, delicensing will eventually lead to saunas being forced out of business by raids and arrests – which is presumably its intention. This will force sex workers into more dangerous work such as street prostitution or working alone from home.

“This is a continuation of a concerted shift against harm reduction in Edinburgh. One of the changes already made, in 2001, has been to abandon the use of tolerance zones for street prostitution. A subsequent crackdown on kerb-crawling in 2007 led to sex workers reporting a 95% increase in incidents of violence over 12 months.

“Edinburgh’s management of sex work was a success story. But instead of the rest of Scotland learning from their experience, we are seeing failed policies being pushed on the capital.

“Both the hard evidence and the testimony of sex workers themselves tell us that fully decriminalising sex work, as in New Zealand, is the best way to protect sex workers and their communities. This would allow co-operation instead of conflict with the authorities, improve the health and safety of sex workers, and create the best possible environment for the eradication of coercion, trafficking and underage sex work.”

The sex workers’ charity SCOT-PEP said:

“SCOT-PEP warmly welcomes Jean Urquhart’s motion on Edinburgh city council’s sauna decision, and on the wider legal context of sex work in Scotland. It is heartening to see an MSP focus on harm reduction rather than on ideology, and back a policy – decriminalisation – that is supported by evidence, and international agencies including UNAIDS and the World Health Organization.

“We are delighted that Jean’s motion notes that decriminalisation is the legal framework called for by sex workers in Scotland, and around the world. For too long, debates about sex work have been dominated by policymakers who seek to dismiss the voices of those most affected. Sex workers are the experts on the legal framework that best enables them to work safely, and to access health, human rights, and justice.

“We have long fought for policy that centres safety, human rights and evidence, and are pleased to see that, in a context for sex workers in Scotland that has recently brought setbacks, we nonetheless have courageous politicians”.

If Jean’s motion gains the support of MSPs from three of the five Holyrood party groups, including Jean’s Independent/Green group, it will be eligible for a debate in the Parliament. If you support a debate on the issue, please consider emailing, writing or phoning your MSP and asking them to sign the motion.

Jean’s motion to the Scottish Parliament:

Motion Number: S4M-08986
Lodged By: Jean Urquhart
Date Lodged: 06/02/2014

Title: Criminalisation of Sex Work

Motion Text:

That the Parliament regrets the decision of the Regulatory Committee of Edinburgh City Council, on 3 February 2014, to remove massage parlours and saunas from the Public Entertainment Licence regime; considers that this decision represents a move toward deeper criminalisation of sex work and sex workers; believes that such criminalisation exposes sex workers to greater danger and stigma; further believes that Edinburgh’s previous sex work policies, including tolerance zones for street prostitution and licensed saunas, demonstrated success in reducing harm, and notes calls for Edinburgh City Council to reconsider this decision and the Scottish Government to give consideration to policies to decriminalise sex work, as it believes has been requested by sex workers themselves.