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Prostitution Law in Europe

From www.guengl.org

May 2006


Working girlsAustria
Prostitution is legal. Persons who let their bodies be exposed to sexual actions in their professions or make such actions to others shall be registered and undergo a weekly medical examination to avoid sexually transmitted diseases. Procurement is illegal.

Belgium
Procurement is illegal. As of 1995 it is legal to rent premises for the purpose of prostitution, if the prostitutes do not make "abnormal profits". Prostitution is legal if one does not disturb the public order, by openly providing sexual services. Several proposals to change the current law has been put to the senate recently, including laws similar to the Dutch and the Swedish. There is no information at the moment as to which path Belgium will take, but the present law will probably change soon.

Denmark
As of 1 July 1999, it is not a criminal offence to buy or sell sex, except where this involves children under 18 years of age. Prostitution used to be allowed only as a supplementary income, but as of 1998 a new law allows people to have their whole income based on prostitution. Prostitutes can register themselves as independent workers. Procurement is illegal. Sexual services are advertised very openly.

Finland
Prostitution is not criminal but local municipalities can prohibit street prostitution in their local laws. Since December 1999 prostitution is prohibited in public areas. However, it is not a criminal offence to buy sex, except where this involves children under 18 years of age. A proposal similar to the Swedish law, penalising the client, has been debated.

France
”Active prostitution” is a criminal offence. The law has been strengthened (2003), but only concerning the selling part. Prostitution is tolerated as long as it does not disturb public order and shall therefore be restricted to certain areas. It has however become a criminal offence to buy sex from children under 18 and other persons being considered especially "weak".

Greece
Prostitution is legal and highly regulated, but only in state-licensed brothels. Brothels are not allowed on a distance less than 200 metres from public buildings. A proposal for a new law which would cut that distance in half, to facilitate prostitution during the Olympic Games in Athens 2004 was recently debated, but the Greek government decided in December 2003 not to submit the proposal.

Germany
Prostitution is legal but all the Bundesländer (except for Berlin) have regulated certain areas where prostitution may not be practised, such as, areas close to schools and child care centers.
The law which came into force 2002 allows prostitutes to have a social insurance, be on paid sick leave and receive a pension, if they are hired on a brothel or own a company. Few own companies however and so far no one has been employed (September 2003), because of the decrease in income. Foreign women are not covered by the law. Employment agencies can advertise and recruit for such positions.

Ireland
All kind of prostitution are illegal- procurement, selling sexual services, keeping brothels, and buying sex from underage persons.

Italy
Under the current law from 1958, brothels and procurement are illegal, but not prostitution. Prostitution is considered to be an offence of disturbing the public order, and there is a recent proposal aimed at allowing brothels but not street prostitution.

Luxembourg
Procurement is prohibited, as is the keeping of brothels. Buying sex from children under 18 is illegal, but prostitution in itself is not a criminal offence.

The Netherlands
On the 1st of October 2000, a ban on Dutch brothels from 1911 was lifted. In January 2001 prostitution was considered a profession like any other. Prostitutes have the right to claim hygienic working conditions, security at the workplace, and so on. They shall have a working condition and pay income tax. "Forced" prostitution and procurement are illegal. After a case where an employment agency offered a position as a prostitute to a woman seeking employment, the Dutch Social ministry have stated that the brothels may advertise through employment agencies but the agencies must not actively offer such positions to women who come and seek work.

Portugal
It is not a criminal offence to sell sex, but procurement and procuring and facilitating prostitution are illegal. The law does not mention male prostitution, only female. The exploitation of men is not a criminal offence.

Spain
Procurement and prostitution are not criminal offences, but it is a criminal offence to force someone to work as a prostitute, to exploit someone's weak position by making them work as a prostitute, and to stop someone from working as a prostitute. The keeping of brothels is illegal in some regions, for example, Catalonia and the Basque Country.

Sweden
Since January 1999 it has been illegal to buy or try to buy sexual services. Prostitution is considered to be a part of the sexualised violence (gender-related violence) and an expression of unequal relations between women and men. The act prohibiting the purchase of sexual services is a part of the Women’s Inviolable Rights Act (Kvinnofridslagstiftningen), including the law on violence against women, sexual harassment, gender mutilation, and so on.

Switzerland
Prostitution is legal in Switzerland but prostitutes have to register with city authorities and health authorities and get regular health checks. Pimping is illegal and uncommon: most prostitutes operate independently from small studios via mobile phones. They cannot display their wares. Human trafficking in persons can carry a prison sentence of up to 20 years and coercing a person into prostitution is punishable with up to ten years in prison.

United Kingdom
Prostitution is not illegal if the prostitute works independently without disturbing the public order. Men who are found several times in prostitution areas buying sex can be fined. It is criminal to advertise prostitution, to run a brothel, and to recruit persons for prostitution. Members of the Scottish parliament have suggested "tolerance zones" in Scotland.



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