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Maternity leaves to Sex Workers

Context:

Recently, Belgium became the first country in the world to pass legislation granting maternity leaves to sex workers.

More on the News

  • This new legislation of Belgium recognises sex workers’ rights and grants them employment rights, including maternity leave, health insurance, pension and sick days.
  • The law includes family benefits, annual vacation, the ability to refuse clients, set the conditions of an act, and stop an act at any moment.

  • The law also regulates employers, banning those with criminal records and requiring safety measures like alarm buttons in workspaces. 
  • This landmark legislation, introduced after sex work was decriminalised in 2022, ensures sex workers have the same protections as other professions. 
  • Earlier in 2022, Belgian lawmakers voted to decriminalise sex work and narrow the definition of pimping to ensure that sex workers do not have trouble finding a banker, insurer, driver or accountant. 
  • The law was already passed in May 2024 but it came into effect on 1st December 2024.
  • However, these protections are only granted to sex workers who sign an employment contract, and not those who are self-employed. Those who perform pornography or striptease are also not covered by the law. 

Significance of the Law

  • Recognition of Sex Work as Labor: Acknowledges sex work as legitimate, ensuring workers in the industry are entitled to labour rights and protections. 
  • Reduction of Stigma: In a significant stride toward gender equality and human rights, the law fosters a societal shift toward reducing discrimination and prejudice against sex workers.
  • Global Precedent: Serves as a progressive model for other countries to adopt similar labour protections for sex workers. 

Maternity Leaves in India

  • Paid maternity leave in India is regulated under the Maternity Benefit Act, 1961.
  • The Act regulates the employment of women in certain establishments for a certain period before and after child birth and provides for maternity and other benefits. 
  • The Maternity Benefit Act, 1961 was further amended in 2017 which increased the paid maternity leave to women employees from 12 weeks to 26 weeks for the first two children.
  • When a woman already has two children, the maternity leave is only 12 weeks for the third and subsequent children. 

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