RADICAL proposals that would decriminalise prostitution in Scotland and pave the way for legal brothels have been put forward at Holyrood.
Under the plans, up to four sex workers would be permitted to work together in the same premises, while larger brothels would be licensed.
Laws against soliciting and kerb crawling would be scrapped, while sex workers would be given the right to have joint finances with families or flatmates with the repeal of laws that make 'living on the earnings of prostitution' a crime.
The details are included in draft proposals for consultation being published today by Independent MSP Jean Urquhart
The proposals would hand sex workers labour rights in a move she claims would reduce the risk of violence to prostitutes.
Under the proposed Prostitution Law Reform (Scotland) Bill, prostitutes would also be able to sue their managers for breaches of employment law such as unpaid wages, with the proposals based on legislation introduced in New Zealand in 2003 which saw the decriminalisation of commercial sex while introducing tougher laws against underage prostitution and coercion of sex workers.
While the parliamentary timetable means that there is no chance of the proposals becoming law before next year's Holyrood election, the MSP said she hoped to spark a debate and begin a process that would see a Bill passed during the next Parliament. While Ms Urquhart, who quit the SNP over its Nato policy, is not expected to seek re-election in May, Holyrood rules would allow another MSP to take over the Bill.
In the consultation document, she attacked Scottish Government position that prostitution is always harmful to women and society as simplistic, while pointing to significant evidence that criminalisation harmed sex workers.
Currently, while the exchange of sexual services for money is not illegal, brothel keeping, street prostitution and solicitation are offences. Ms Urquhart believes this increases risk to sex workers by forcing them to work alone or seek business in dark, isolated locations where they are more likely to face attacks.
In the consultation document, she described her proposals as "reform fit for the 21st century" based on "preventing harm and improving the rights, health and wellbeing of sex workers in Scotland".
She added: "I challenge the assertion, which grounds current policy in Scotland, that sex work is inherently harmful. I dispute this and believe that laws and policies can be enacted to make sex work safer for all those involved. Whatever a person's reasons for selling sex, and whatever their background, they clearly do not benefit if they are working in a context where the law puts them in danger of violence.
"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."
The proposals have been backed by Scot-Pep, a charity which campaigns for sex workers' rights, as well as HIV Scotland, NUS Scotland and the European Network of Sex Work Projects. Amnesty International called for the decriminalisation of prostitution earlier in the summer.
A Scottish Government spokeswoman said: "Research to inform any future policy decisions on the purchase of sex will be submitted to the Scottish Government and Scottish Parliament in early 2016. Once this research is available, it will allow the government and Parliament to debate the issue, informed by Scottish evidence."
A spokesman for the Scottish Conservatives warned against rushing to conclusions over changes to the law. He said: "The safety of sex workers is hugely important and it’s something that should rightly be under review.
"We need to strike a balance between personal freedoms and the protection of vulnerable women from mistreatment and exploitation. Stakeholders across the board must therefore have the opportunity to participate in the consultation process on this issue before any decisions are reached pre-emptively."
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