ECPR

Install the app

Install this application on your home screen for quick and easy access when you’re on the go.

Just tap Share then “Add to Home Screen”

Exploring the EU Concept of Worker: Are Sex-workers in Decriminalised or Regulated Legal Environment just Normal Workers?

European Union
Gender
Policy Analysis
Annick Masselot
Canterbury Christ Church University
Annick Masselot
Canterbury Christ Church University

Abstract

When applying European Union (EU) law, the concept of worker is an EU concept that can only be defined by the Court of Justice to assess EU rights (Case 53/81 Levin; Case 66/85 Lawrie-Blum; Case 196/87 Steyman). The Court of Justice has established in 1982 that sex-workers can be workers (Case 115 and 116/81 Adoui and Cournaille) for the purpose of free movement. Thus, where sex-work is decriminalised or regulated, sex-work can be considered to be a normal economic activity. However, in some circumstances sex-work cannot be considered “normal” work. For instance conditions for receiving welfare benefits might include applying for available jobs but could job-seekers be required to apply for an available sex-work position? Are there situations where standard employment law should not/cannot apply to sex-work (or indeed should but does not)? Are there circumstances where existing employment law needs to be adapted to serve the specific circumstances of sex-workers? For instance, some health and safety regulations might need to be adapted to reflect the health needs of these workers or the risk for violence. This paper investigates employment law in various jurisdictions to map out standards and conditions of employment that can be transferred from “normal” work to sex-work and areas where sex-workers need different terms and conditions of employment or special protective measures.