DEKRIMINALISERING NIE DIE ENIGSTE STRUIKELBLOK IN SEKSWERKERS SE STRYD OM ARBEIDSREGTE

Abstract

Prostitution is at present still regarded as a criminal offence in South Africa. However, the possibility of the decriminalization of the sex trade enjoys serious consideration by the South African Law Commission. It is generally accepted that the position of sex workers (at present treated as illegal workers) regarding labour rights, will automatically improve with decriminalization. This article focuses mainly on whether indoor sex workers’ access to labour rights will indeed improve. The risk for sex workers of being treated as independent contractors, once decriminalized, in the main enjoys attention and becomes clear from a comparative study with the
Netherlands and Victoria (Australia) where sex work has been practised as a legal occupation for several years.