Prostitution in Belgium is legal and was decriminalized on 1 June 2022. [1] [2] [3] [4] Human trafficking or exploiting individuals involved in prostitution is punishable by a maximum prison sentence of 30 years. [5]
Some cities in Belgium have a red-light district, often with window prostitution. [6] In 2015, it was estimated that there were 26,000 prostitutes in Belgium, [7] many of them are from Bulgaria. [8]
A report commissioned by the National Bank of Belgium, [9] revealed estimations of a turnover tax of €840 million from forms of prostitution in 2015. [10] The most important segments of the market seem to be escort and private prostitution, rather than the more visible forms of window or street prostitution.
Prior to 1946, prostitution was regulated by the municipalities, [11] with mandatory registration and medical checks. [12] In 1946 Federal legislation replaced local control of prostitution, however the municipalities could still regulate in their local area for the sake of public order or morality. [11]
Prostitution and paying for sexual services were not prohibited in the 1946 legislation, but Article 380 added the following offences: [11]
The 1995 Criminal Law Reform Act made some modification to the existing laws: [11] [6]
In 2005, the 1995 Act was amended to give greater power against human trafficking, including an increase in maximum sentences. [5] The 1995 Act also brought the Belgian law in line with the European Union law and international instruments that had been introduced in the previous years. [13]
On 1 June 2022, sex work was decriminalized in Belgium. [14]
Before the decriminalisation of prostitution in 2022, there were a number of draft bills proposing changes to the previous prostitution laws. Proposals from the pro-prostitution camp included licensing brothels and giving special status within the law to sex-workers. The anti-prostitution lobby proposals included the banning of window prostitution and criminalisation of paying for sexual services (as stated in the Nordic Model). [11]
A law passed in March 2022 by the Federal Parliament decriminalised their work and third parties who make sex work possible (for example accountants, banks and "chauffeurs"). It also allows some advertising by sex-workers. [15] This law came into effect on 1 June 2022. The new law also gives sex workers rights in terms of status, social protection, and healthcare, like other self-employed workers. The new law included (but was not limited to): social security, unemployment, access to health care and parental leave. [1]
Belgium has enacted legislation granting sex workers the same social rights as other employees, including the ability to sign employment contracts and access social security benefits. Employers must undergo a criminal background check and obtain a license to hire sex workers legally. While the law aims to decriminalize specific aspects of the industry and provide protections, it has faced criticism for potentially benefiting pimps and traffickers and not adequately supporting migrant sex workers and victims of human trafficking. [16] [17]
Municipalities can impose local regulation on public order or morality grounds. Generally, these powers were little used until the 2000s, most preferring an "unregulated tolerance" approach. [11]
In the 2000s the municipalities took different approaches to regulation. Some, such as Liège and Ghent, banned window prostitution [18] or moved it out of its traditional locations in the city centres. [11] Others, such as Antwerp totally restructured its red-light district and heavily regulated it. [11] [19] Seraing is planning to build a new 'Eros Centre' to replace the existing windows. [11] [20] [21]
Prostitution was known to exist in what is now Belgium since the Middle Ages. [22] Regulation of prostitutes was introduced during the Burgundian regime (1384–1482) but often ignored. [12] [23] In Brussels, the public executioner was tasked with controlling the trade in the city. [12]
During the French regime (1794–1814) prostitutes were required to have mandatory health checks in hospitals. [12] After the Belgian Revolution brought about independence in 1830, the regulations set up by the French continued. [23] In 1844 identity cards were issued to prostitutes and twice weekly medical check-ups were required. [12]
The "White Slave Scandal" ("affaire des petite Anglaises") in 1880/1881 brought prostitution in Brussels into the spotlight. Over 40 minors, mainly English girls, were found to be working in brothels after being lured to Brussels [22] with promises of work in bars and nightclubs. [12] As well as those involved being prosecuted, the Mayor and Head of Police in Brussels were forced to resign. [22]
During WW1, the occupying Germans took over control of prostitution. In an attempt to prevent the spread of STIs amongst their troops, the trade was strictly regulated and girls forced to undergo regular health checks. [22]
The regulatory regime was regarded as discriminatory towards women in the 1940s, [12] leading to Isabelle Blume's proposals being passed as federal law in 1946. [22]
Belgium is listed by the UNODC as a destination for victims of human trafficking, [24] the victims being mainly Moroccan, Romanian, Chinese, Nigerian, Bulgarian and Tunisian nationals. [13]
The efforts by the Belgian authorities to eradicate trafficking was cited by United Nations special rapporteur Urmila Bhoola as "an example of good practice" in 2015. [25]
In 2016, 184 people were prosecuted for sex trafficking and 144 victims of trafficking were assisted. The victims are given help in specialised NGO-run shelters and when they leave the shelters, they are given protection, residence and employment permits and access to legal services. [24] In 2017 there were 176 sex traffickers prosecuted and 59 victims assisted. [26]
The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Belgium as a 'Tier 1' country. [26]
Prostitution in the Netherlands is legal and regulated. Operating a brothel is also legal. De Wallen, the largest and best-known Red-light district in Amsterdam, is a destination for international sex tourism.
Prostitution in Taiwan was made illegal under a 1991 law. Legislation was introduced in 2011 to allow local governments in Taiwan to set up "special zones" where prostitution is permitted. Outside these zones prostitution is illegal. As of 2017 no "special zones" had been opened.
In Great Britain, the act of engaging in sex or exchanging various sexual services for money is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, and pimping, are illegal. In Northern Ireland, which previously had similar laws, paying for sex became illegal from 1 June 2015.
Prostitution is illegal in the vast majority of the United States as a result of state laws rather than federal laws. It is, however, legal in some rural counties within the state of Nevada. Additionally, it is decriminalized to sell sex in the state of Maine, but illegal to buy sex. Prostitution nevertheless occurs elsewhere in the country.
Prostitution in Denmark was partly decriminalised in 1999, based partly on the premise that it was easier to police a legal trade than an illegal one. Third-party activities, such as profiting from brothel administration and other forms of procuring, remain illegal activities in Denmark, as do pimping and prostitution of minors.
Prostitution in Australia is governed by state and territory laws, which vary considerably, although none ban the selling of sex itself.
Prostitution in Turkey is legal and regulated. The secularization of Turkish society allowed prostitution to achieve legal status during the early 20th century. Known as "general houses" (genelevler) in the country, these are state run brothels which must receive permits from the government to operate. In turn, the regulatory agencies issue identity cards to sex workers that give them rights to some free medical care and other social services. However, many local governments now have a policy of not issuing new registrations, and in some cities, such as Ankara and Bursa, brothels have been demolished by court order. In 2012, it was estimated there are 100,000 unliscenced prostitutes in Turkey, half of whom are foreign born.
Prostitution in South Africa is illegal for both buying and selling sex, as well as related activities such as brothel keeping and pimping. However, it remains widespread. Law enforcement is poor.
Prostitution in Ecuador is legal and regulated, as long as the prostitute is over the age of 18, registered, and works from a licensed brothel. Prostitution is widespread throughout the country. Many brothels and prostitutes operate outside the regulatory system and the regulations have been less strictly enforced in recent years. 25,000 prostitutes were registered in the year 2000. In 2007 it was estimated that 70% of the prostitutes in the country were from Colombia. The country attracts Colombian prostitutes as the currency is the US$ rather than the unstable Colombian peso. UNAIDS estimate there to be 35,000 prostitutes in the country.
Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact with the customer. The requirement of physical contact also creates the risk of transferring infections. Prostitution is sometimes described as sexual services, commercial sex or, colloquially, hooking. It is sometimes referred to euphemistically as "the world's oldest profession" in the English-speaking world. A person who works in the field is usually called a prostitute or sex worker, but other words, such as hooker and whore, are sometimes used pejoratively to refer to those who work in prostitution. The majority of prostitutes are female and have male clients.
Prostitution in Zimbabwe and related acts, including solicitation, procuring, and keeping a brothel, are illegal but thriving. Zimbabwe's dire economic situation has forced many women into sex work.
The legality of prostitution in Europe varies by country.
This is an overview of prostitution by region.
Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places. A variety of different legal models exist around the world, including total bans, bans that only target the customer, and laws permitting prostitution but prohibiting organized groups, an example being brothels.
Prostitution in Namibia is legal and a highly prevalent common practice. Related activities such as solicitation, procuring and being involved in the running of a brothel are illegal. A World Bank study estimated there were about 11,000 prostitutes in Namibia.
The decriminalization of sex work is the removal of criminal penalties for sex work. Sex work, the consensual provision of sexual services for money or goods, is criminalized in most countries. Decriminalization is distinct from legalization.
Legality of prostitution in the Americas varies by country. Most countries only legalized prostitution, with the act of exchanging money for sexual services legal. The level of enforcement varies by country. One country, the United States, is unique as legality of prostitution is not the responsibility of the federal government, but rather state, territorial, and federal district's responsibility.
Prostitution in Oceania varies greatly across the region. In American Samoa, for instance, prostitution is illegal, whereas in New Zealand most aspects of the trade are decriminalised.
The Nordic Model approach to sex work, also marketed as the end demand, equality model, neo-abolitionism, Nordic and Swedish model, is an approach to sex work that criminalises clients, third parties and many ways sex workers operate. This approach to criminalising sex work was developed in Sweden in 1999 on the debated radical feminist position that all sex work is sexual servitude and no person can consent to engage in commercial sexual services. The main objective of the model is to abolish the sex industry by punishing the purchase of sexual services. The model was also originally developed to make working in the sex industry more difficult.
Prostitution is legal in Belgium, but related activities such as organising prostitution and other forms of pimping are illegal. Enforcement varies, and in some areas brothels are unofficially tolerated.