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1.
I'm not an expert, but fortunately, the Internet allows anyone to educate themselves about their rights - so let's talk about that for a second.
More specifically, let's talk about Queensland's Human Rights Act 2019.
I'm not an expert, but fortunately, the Internet allows anyone to educate themselves about their rights - so let's talk about that for a second.
More specifically, let's talk about Queensland's Human Rights Act 2019.
2.
Section 15 of the Act says that:
"Every person has the right to recognition as a person before the law."
"Every person is equal before the law and is entitled to the equal protection of the law without discrimination."
Section 15 of the Act says that:
"Every person has the right to recognition as a person before the law."
"Every person is equal before the law and is entitled to the equal protection of the law without discrimination."
3.
To my knowledge, no-where in the act does it say 'unless you're a sex worker' but that's a memo that plenty of people appear to have missed.
The PLA & Police in QLD unfairly target Sex Workers.
That's a fact.
To my knowledge, no-where in the act does it say 'unless you're a sex worker' but that's a memo that plenty of people appear to have missed.
The PLA & Police in QLD unfairly target Sex Workers.
That's a fact.
4.
And it's a fact backed up by mountains of evidence.
And it's still happening now, even during this public health crisis, when police resources could be better diverted elsewhere.
And it's a fact backed up by mountains of evidence.
And it's still happening now, even during this public health crisis, when police resources could be better diverted elsewhere.
5.
It is impossible for sex workers to have '...equal protection of the law without discrimination' when sex workers are treated so poorly by law enforcement & the law in general JUST BECAUSE THEY'RE SEX WORKERS.
It's discrimination.
It's an attack on our basic human rights.
It is impossible for sex workers to have '...equal protection of the law without discrimination' when sex workers are treated so poorly by law enforcement & the law in general JUST BECAUSE THEY'RE SEX WORKERS.
It's discrimination.
It's an attack on our basic human rights.
6.
What's particularly crappy about that is this other part of QLD law:
The Anti-Discrimination Act 1991 - which "...makes it unlawful to discriminate against a person because of their lawful sexual activity."
What's particularly crappy about that is this other part of QLD law:
The Anti-Discrimination Act 1991 - which "...makes it unlawful to discriminate against a person because of their lawful sexual activity."
7.
Sex work is legal in QLD.
The Act actually says Sex Work is 'lawful' if someone:
- works as a sole operator visiting clients, or works out of their own home, and doesn't work with or employ any staff, except for licensed security guards, or
- works in a licensed brothel.
Sex work is legal in QLD.
The Act actually says Sex Work is 'lawful' if someone:
- works as a sole operator visiting clients, or works out of their own home, and doesn't work with or employ any staff, except for licensed security guards, or
- works in a licensed brothel.
8.
The specific things that tend to be legislated AGAINST are actually those which would benefit sex workers' safety, work environments + capacity to function within the confines of the law. Sex Work law in this sense is specifically designed across the world to detriment SW.
The specific things that tend to be legislated AGAINST are actually those which would benefit sex workers' safety, work environments + capacity to function within the confines of the law. Sex Work law in this sense is specifically designed across the world to detriment SW.
9.
"Discrimination on the basis of lawful sexual activity is treating a person less favourably because they are a lawful sex worker, than someone who is not a lawful sex worker, in similar circumstances."
e.g., the response of the police to the sexual assault of sex workers?
"Discrimination on the basis of lawful sexual activity is treating a person less favourably because they are a lawful sex worker, than someone who is not a lawful sex worker, in similar circumstances."
e.g., the response of the police to the sexual assault of sex workers?
10.
But let's draw it back to more recent news -
The response to Sex Workers as a result of COVID-19 in QLD has differed in comparison to just about any other business.
It's one thing to shut down businesses & ask workers to stop working -
But let's draw it back to more recent news -
The response to Sex Workers as a result of COVID-19 in QLD has differed in comparison to just about any other business.
It's one thing to shut down businesses & ask workers to stop working -
10.
- it's another thing entirely to ask businesses or sole traders to stop advertising entirely.
And doing so flies in the face of a number of things.
- it's another thing entirely to ask businesses or sole traders to stop advertising entirely.
And doing so flies in the face of a number of things.
11.
The Act also states:
"It doesn’t matter if the person doesn’t mean to discriminate, or whether they think they are being discriminatory or not -
The Act also states:
"It doesn’t matter if the person doesn’t mean to discriminate, or whether they think they are being discriminatory or not -
12.
" - It also doesn’t matter if their beliefs or assumptions about the person or people they are discriminating against are correct or not. Under the Act, someone’s motive for discriminating is irrelevant."
Does that include if a lawmaker believes they are acting in -
" - It also doesn’t matter if their beliefs or assumptions about the person or people they are discriminating against are correct or not. Under the Act, someone’s motive for discriminating is irrelevant."
Does that include if a lawmaker believes they are acting in -
13.
- a manner to benefit "the greater good"? Does their persistent belief that legislating against the livelihood of sex workers benefits society weigh with any strength against the rights of sex workers not to be discriminated against? Of an actively discriminatory government?
- a manner to benefit "the greater good"? Does their persistent belief that legislating against the livelihood of sex workers benefits society weigh with any strength against the rights of sex workers not to be discriminated against? Of an actively discriminatory government?
14.
There are exemptions in the Act relating to public health, but by this logic, there ought to be numerous OTHER businesses that operate privately & involve close contact with the general public that should cease advertising also.
Why only sex work?
There are exemptions in the Act relating to public health, but by this logic, there ought to be numerous OTHER businesses that operate privately & involve close contact with the general public that should cease advertising also.
Why only sex work?
15.
The virus is spread by CLOSE CONTACT.
Sex Work is not the only industry that involves CLOSE CONTACT.
And in most states, sex workers, like other businesses, have been asked to cease operating.
These extra measures make NO SENSE.
The virus is spread by CLOSE CONTACT.
Sex Work is not the only industry that involves CLOSE CONTACT.
And in most states, sex workers, like other businesses, have been asked to cease operating.
These extra measures make NO SENSE.
16.
If we go back to the Queensland Human Rights Act 2019, there's something else worth considering:
Section 35 says that:
"A person must not be found guilty of a criminal offence because of conduct that was not a criminal offence when it was engaged in."
If we go back to the Queensland Human Rights Act 2019, there's something else worth considering:
Section 35 says that:
"A person must not be found guilty of a criminal offence because of conduct that was not a criminal offence when it was engaged in."
17.
As such, any advertising or advertising arrangements made before the implementation of this law were legal, and as such SHOULD be immune to prosecution, regardless of whether they remain online for an indeterminant amount of time.
I'm not a lawyer but that's my reading.
As such, any advertising or advertising arrangements made before the implementation of this law were legal, and as such SHOULD be immune to prosecution, regardless of whether they remain online for an indeterminant amount of time.
I'm not a lawyer but that's my reading.
18.
Something also worth a look: On a treasury factsheet earlier in the government response to COVID-19, it was stated that sole traders eligible for the jobSEEKER payment would be meeting their obligations by "continuing to develop and sustain their business"
cont.
Something also worth a look: On a treasury factsheet earlier in the government response to COVID-19, it was stated that sole traders eligible for the jobSEEKER payment would be meeting their obligations by "continuing to develop and sustain their business"
cont.
19.
Which would imply that the QLD state government had thus contradicted the Federal Treasury by acting in such a manner that would not allow sex workers to "develop and sustain their business". This could be easily construed as an act of discrimination against sex workers.
Which would imply that the QLD state government had thus contradicted the Federal Treasury by acting in such a manner that would not allow sex workers to "develop and sustain their business". This could be easily construed as an act of discrimination against sex workers.
20.
To repeat, I am not a lawyer - I'm a pissed off sex worker with a vested interest in the wellbeing of all QLD sex workers + our rights. The language of law is by necessity pretty clear, + I would argue that the true nature of these recent legislative changes is clear also.
To repeat, I am not a lawyer - I'm a pissed off sex worker with a vested interest in the wellbeing of all QLD sex workers + our rights. The language of law is by necessity pretty clear, + I would argue that the true nature of these recent legislative changes is clear also.
