Prostitution in Europe

  Prostitution legal and regulated
  Prostitution legal, but brothels are illegal; prostitution is not regulated
  Illegal to pay for sex. Client commits a crime. Prostitute commits no crime
  Prostitution illegal

The legality of prostitution in Europe varies by country.

Some countries outlaw the act of engaging in sexual activity in exchange for money, while others allow prostitution itself, but not most forms of procuring (such as operating brothels, facilitating the prostitution of another, deriving financial gain from the prostitution of another, soliciting/loitering).

In eight European countries (The Netherlands, Germany, Austria, Switzerland, Greece, Turkey, Hungary, and Latvia), prostitution is legal and regulated.

The degree of enforcement of the anti-prostitution laws vary by country, by region and by city. In many places, there is a big discrepancy between the laws which exist on the books and what happens in practice.

Depending on the country, various prostitution related activities may be prohibited (where a specific law forbids such activity), decriminalized (where there is no specific law either forbidding or allowing and regulating the activity), or regulated (where a specific law explicitly allows and regulates the activity if certain conditions are met). Activities which are subject to the prostitution laws include: selling and buying sexual services, soliciting in public places, running brothels, deriving financial gain from the prostitution of another, offering premises to be used for prostitution etc. Often the prostitution laws are not clear-cut and are subject to interpretation, leading to many legal loopholes. While the policy regarding adult prostitution differs by country, child prostitution is illegal throughout Europe. Similarly, human trafficking, forced prostitution and other abusive activities are also prohibited.

The red light district De Wallen in Amsterdam
The monument to prostitutes in Amsterdam

The legal and social treatment of prostitution differs widely by country. Very liberal prostitution policies exist in the Netherlands and Germany, and these countries are major destinations for international sex tourism. Amsterdam's prostitution windows are famous all over the world. In Sweden, Norway, Iceland, Northern Ireland and France it is illegal to pay for sex, but not to be a prostitute (the client commits a crime, but not the prostitute). In parts of Central and Eastern Europe, the anti-prostitution laws target the prostitutes, because in these countries prostitution is condemned from a moral or conservative viewpoint. Other countries which have restrictive prostitution policies and officially affirm an anti-prostitution stance are Great Britain, Ireland and Italy. Among countries where prostitution is not officially and legally regulated and recognized as a job, laissez-faire (let it be or "låt gå") and tolerant attitudes exist in Spain, Belgium and the Czech Republic.

Table

Country/Territory Prostitution Legal Age for acquisition Brothels Pimping Notes
 Albania Illegal not allowed Illegal Illegal Human trafficking is a major problem. Most foreign prostitutes are trafficked into Albania from former Soviet Union countries, Serbia, Macedonia, Montenegro and Greece.
 Andorra Illegal not allowed Illegal Illegal
 Armenia Legal age uncertain Illegal Illegal
 Austria Legal 18 Legal Illegal
 Belarus Illegal not allowed Illegal Illegal
 Belgium Legal ? Illegal Illegal
 Bosnia and Herzegovina Illegal not allowed Illegal Illegal
 Bulgaria Prostitution isn't specifically addressed in the law age uncertain Illegal Illegal Human trafficking remains a major problem
 Croatia Illegal not allowed Illegal Illegal Despite Croatia's harsh punishments for prostitution, it remains a major problem.
 Czech Republic Legal 18 Illegal Illegal
 Denmark Legal 18 Illegal Illegal
 Estonia Legal 18 Illegal Illegal
 Faroe Islands Legal 18 Illegal Illegal
 Finland Legal, but illegal in public and illegal to solicit from a victim of trafficking Legal, but illegal in public and illegal to solicit from a victim of trafficking; 18 Illegal Illegal
 France Legal to sell sexual services, illegal to pay for sexual services 18 Illegal Illegal
 Germany Legal 18 Legal Illegal Human trafficking is a major problem, most foreign prostitutes are trafficked into Germany from Central and Eastern Europe.
 Greece Legal 18 Legal Legal
 Hungary Legal 18 Illegal Illegal
 Iceland Legal to sell sexual services, illegal to pay for sexual services Unknown Illegal Illegal
 Ireland Legal 18 Illegal Illegal
 Italy Legal 18 Illegal Illegal Prostitution is not recognised, prostitutes are not able to pay taxes and pension contributions and the successful ones are at risk of being prosecuted for tax evasion.
 Kosovo Illegal not allowed Illegal Illegal
 Latvia Legal 18 Illegal Illegal
 Liechtenstein Illegal, but tolerated not allowed, but tolerated Illegal Illegal
 Lithuania Illegal not allowed illegal illegal
 Luxembourg Legal 18 Illegal Illegal
 Macedonia Illegal not allowed Illegal Illegal
 Malta Illegal not allowed Illegal Illegal
 Moldova Illegal not allowed Illegal Illegal Prostitution and human trafficking is a major problem due to poverty. Many Moldovan prostitutes are trafficked into other European countries, the U.A.E., and Israel
 Monaco Legal 18 Illegal Illegal
 Netherlands Legal For prostitutes 18
(21 in Amsterdam);[1]
16 for clients (nationwide)[2] 		Legal Legal Clients must be at least 16 years old, the age of consent in the Netherlands.
Prostitutes must be at least 18 throughout the Netherlands.
A new law, not yet in effect, will require the prostitutes to be at least 21. Nonetheless, since July 2013, the prostitutes must already be 21 in the City of Amsterdam.
 Norway Legal to sell sexual services, illegal to pay for sexual services 18 Illegal Illegal
 Poland Legal 18 Illegal Illegal
 Portugal Legal 18 Illegal Illegal
 Romania Decriminalized not allowed Illegal Illegal Human trafficking remains a major problem
 Russia Illegal not allowed Illegal Illegal Prostitution and human trafficking is a major problem due to police corruption. Many foreign prostitutes trafficked into Russia are from other former Soviet republics, China, and North Korea and many Russian prostitutes are trafficked into China, Germany, South Korea, and the United States
 Serbia Illegal not allowed Illegal Illegal
 Slovakia Legal 18 Illegal Illegal
 Spain Uncertain, but prostitution itself isn't a crime age uncertain Uncertain (Brothels allowed to charge prostitutes for the room and other services) Illegal
 Sweden Legal to sell sexual services, illegal to pay for sexual services 18 Illegal Illegal
  Switzerland Legal 18 Legal Illegal
 Turkey Legal 18 Legal; All brothels are government owned Illegal
 Ukraine Illegal, but tolerated not allowed, but tolerated Illegal Illegal Laws on prostitution are largely unenforced by the government. Ukraine has become a popular destination for sex tourism.
 United Kingdom Legal, but acquisition in public and kerb crawling are illegal - except Northern Ireland, where it is illegal to pay for sex 18 Illegal Illegal
  Vatican City Illegal not allowed Illegal Illegal

Central Europe

Austria

This is an example of regulated prostitution. Prostitution is legal, but restricted by several regulations. Most prostitutes are migrants, mainly from the former Eastern Bloc countries.[3]

Brothel in Linz

Czech Republic

In the Czech Republic, prostitution is legal, but brothels and other forms of procuring are prohibited.[4] The enforcement of these laws is lax, and prostitution and other activities which surround it are very common in the country.

Ever since the Czechoslovakian Velvet Revolution (1989) led to the creation of the two independent states Czech Republic and Slovakia, prostitution has been flourishing, and has contributed its share to the region's booming tourist economy. It is widespread in Prague and areas near the Republic's western borders with Germany and Austria. In 2002, the Czech Statistical Bureau estimated the trade to be worth six billion Czech koruna ($217 million) a year.[1]

Germany

Prostitution is legal and regulated in Germany. In 2002, the government changed the law in an effort to improve the legal situation of prostitutes. Germany is listed by the UNODC as one of the most common destinations for victims of human trafficking.[5]

Hungary

Prostitution is legal and regulated in Hungary. (It has been legalized and regulated by the government since 1999.) Under the law, prostitutes are basically professionals who engage in sexual activities in exchange for money. The government allows this activity as long as they pay taxes and keep legal documents.

Liechtenstein

Prostitution in Liechtenstein is illegal but is tolerated by the police as long as it is not street prostitution.[6][7][8]

Poland

In Poland prostitution is legal, but operating brothels or other forms of pimping or coercive prostitution and prostitution of minors are prohibited.

Slovakia

Prostitution itself is legal, but operating brothels and other activities related to prostitution are prohibited.[9]

Slovenia

Prostitution in Slovenia was decriminalised in 2003.[10]

Switzerland

Full service sex work in Switzerland is legal and regulated; it has been legal since 1942.[11][12] Licensed brothels, typically with a reception and leading to several studio apartments, are available. Street prostitution is illegal, except in specially designated areas in the major cities. Many workers operate using newspaper advertisements, mobile phones and secondary rented apartments. It is legal to advertise for "massages" in Swiss tabloid newspapers. Swiss sex workers pay VAT (value added tax) on their services and some accept credit cards. The majority of sex workers are foreigners from the Americas, Central Europe or the Far East. In recent years the number of full service sex workers has increased.

Full service sex work is legal over eighteen years of age, having been raised from 16 in 2013, However it is still only illegal to recruit teens between 16 and 18, but a person is still not liable for utilizing the services of a worker 16 or older [13][14] (see Article 196 of the Criminal Code of Switzerland [15]). Furthermore, the local authorities in Zurich installed carport-like constructions called Verrichtungsboxen or 'sex boxes' to protect street based sex workers. [16][17] In 2012, voters approved the creation of "sex boxes" in Zurich to control suburban sex work. These have recently been described as a "success" by local authorities after a year[18] but a number of sex workers who have seen their earnings decline, disagree.[19]

Eastern Europe

Armenia

In Armenia, prostitution itself is legal. Pimping, however, is punished by a prison term.[20] Operating a brothel and engaging in other forms of pimping are crimes punishable by one to 10 years' imprisonment.[21]

Belarus

Prostitution is illegal in Belarus. However prostitution is present in the country, particularly in regions outside the main cities and in hotels.[22]

Moldova

Prostitution in Moldova is illegal, but because it is Europe's poorest country, it is a major exporter of human trafficking for the purpose of the sex trade.[23][24][25][26][27][28][29] Human traffickers primarily recruit women from poor villages.[30] Women and children are trafficked for sexual exploitation to Turkey, Israel, the United Arab Emirates, Ukraine, Russia, Cyprus, Greece, Albania, Romania, Hungary, Slovakia, the Czech Republic, Austria, France, Italy, and Portugal.[31] The authorities have tried to lead awareness among the population about the extent of this problem, and during the early 2000s the authorities launched numerous information campaigns. One consisted of billboards in the streets of the capital Chişinău depicting a girl gripped in a huge clenched fist and being exchanged for dollars. The caption read: "You are not for sale".[30]

Romania

Prostitution has been decriminalized in Romania on 1 February 2014.[32] Prior to that date, it was considered a criminal offense (infracţiune) punishable by up to 3 years imprisonment; currently it is an administrative offense (contravenție) punishable by a fine of 500–1500 lei (aproximately 110–330 euros as of 2016). Clients are not prosecuted, unless they knowingly use the services of a victim of human trafficking.[33] The government had considered legalizing and regulating it (in 2007). The Association for the Promotion of Women in Romania opposes legalized prostitution, as they view prostitution as "another form of violence against women and girls".[34] Also, the Romanian Orthodox Church often protests against prostitution.

Romania is among the 11 countries listed by the United Nations as the biggest sources of human trafficking, based on reported numbers of victims.[35] Every year thousands of women and girls, some as young as 13, are kidnapped or lured by promises of well-paid jobs or marriage and sold to gangs who lock them up in night clubs and brothels or force them to work on the streets.[35][36]

On January 20, 2010, Iana Matei was named "European of the Year" by Reader's Digest for finding and rehabilitating victims of forced prostitution.[37][38][39][40]

Russia

Prostitution is an administrative, but not criminal offence in Russia (such as, for example, drinking beer in a public place or walking nude on the street). The maximum punishment is a fine up to 2000 rubles (~$65); however, organizing prostitution or engaging somebody into prostitution is punishable by a prison term.

Ukraine

Prostitution is illegal in Ukraine, but is nevertheless widespread and largely ignored by the government. Sex tourism rose as the country attracted greater numbers of foreign tourists. Laws criminalizing organized prostitution and penalties for human trafficking have had little effect because many convicted traffickers often do not end up serving prison time.

Northern Europe

Denmark

In Denmark, prostitution itself is legal, but operating brothels and other forms of pimping are illegal activities.[41]

Estonia

Prostitution itself is legal, but organized prostitution is illegal.

Faroe Islands

Under Danish Jurisdiction, the legal status of prostitution remains lawful. However, there is no evidence of organised prostitution within the self-governing territory.

Finland

Prostitution itself is legal in Finland (soliciting in a public place is illegal) but organized prostitution (operating a brothel or a prostitution ring and other forms of pimping) is illegal. In June 2006, parliament voted by 158 to 15 with four abstentions to approve a bill which outlaws the buying of sexual services from prostitutes if it is linked to human trafficking. According to a recent TAMPEP study, 69% of prostitutes are foreigners. As of 2009, there was little 'visible' prostitution in Finland as it was mostly limited to private residences and nightclubs in larger metropolitan areas.

Iceland

Paying for sex is illegal in Iceland (the client commits a crime but the prostitute does not).[42]

Opinion polls have shown that up to 70% of the population supports banning the purchase of sexual services.[42]

Ireland

Prostitution itself is legal in the Republic of Ireland, but the law criminalises many activities associated with it (solicitation in a public place, operating a brothel or other forms of pimping). However, female escort prostitution is widespread. Swedish-type legislation is being considered which would outlaw paying for sex, meaning that the client would commit a crime but not the prostitute.[43] Prostitution in Ireland is almost entirely indoor apartment-based girls advertising on the internet, of whom 99% are foreigners, from mixed nationalities including a high number of east Europeans.

Latvia

Prostitution is legal and regulated in Latvia. Prostitutes must register, must undergo monthly health checks and must carry a health card; if they fail to do so they can be penalized.[44] Although prostitution is regulated in Latvia, brothels and other forms of procuring are illegal. According to the law "Any activity of the third person which promotes prostitution is prohibited" and "Persons are prohibited to join in groups in order to offer and provide sexual services..."[44]

Lithuania

Prostitution in Lithuania is illegal, but it is common. The penalty for prostitution is a fine of $120 to $200 (300 to 500 litas) for a single offense and up to $400 (1,000 litas) for repeat offenses.[45]

Norway

Paying for sex is illegal (the client commits a crime but the prostitute does not). This law prohibiting the buying of sexual services (sexkjøpsloven) came into effect on January 1, 2009, following the passing of new legislation by the Storting in November 2008.

Sweden

Paying for sex is illegal (the client commits a crime but not the prostitute). The Sex Purchase Act (Sexköpslagen), which makes it illegal to pay for sex but not to be a prostitute, was adopted in 1999 and was then unique. Since then similar laws have been passed in Norway and Iceland.

The rationale underpinning the law was the view that prostitution was a form of violence against women so the crime consists in the customer paying for sex, not in the prostitute selling sexual services.[46] This 'rationale' sees the seller of sex as the exploited partner in the exchange.[47]

United Kingdom

In Great Britain, prostitution itself is legal,[48] but a number of related activities, including soliciting in a public place, kerb crawling, keeping a brothel, pimping and pandering, are outlawed.

The Policing and Crime Act 2009 makes it illegal to pay for sex with a prostitute who has been "subjected to force" and this is a strict liability offence (clients can be prosecuted even if they didn’t know the prostitute was forced).[49][50]

In Northern Ireland, which previously had similar laws to the rest of the United Kingdom, paying for sex became a crime when the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 was enacted in January 2015.[51]

Southern Europe

Albania

Prostitution in Albania is illegal.[52]

Andorra

Prostitution in Andorra is illegal.[53]

Bosnia and Herzegovina

Prostitution is illegal. The law treats procuring as a major crime. Under the law, trafficking is a state-level crime that carries a sentence of up to 10 years in prison.[54]

Bulgaria

Prostitution itself is legal, but organized prostitution (brothels, prostitution rings or other forms of procuring) is prohibited.[55] Because of poor socioeconomic conditions, a high number of Romani women are involved in prostitution.[55][56]

Bulgaria originally gained a reputation as a transit country for human trafficking, but subsequently it has become known as a destination where the sex trade takes place.[57][58]

The Bulgarian government has stepped up its efforts to eradicate human trafficking.[58] The sex trade is a major money maker for Bulgarian criminals.[59][60][61] In the past, the Bulgarian government considered fully legalizing and regulating prostitution.[62]

There are 20,000 Bulgarian prostitutes abroad and this is source of foreign exchange earnings for Bulgaria.[63]

Croatia

Prostitution in Croatia is illegal. Forcible prostitution, any kind of brothels or procuring are treated as felony, while voluntary prostitution is considered to be infraction against public order (for prostitutes only; clients are not in violation of law). Like in many other Southeast European countries, the problem of human trafficking for the purposes of sex is big in Croatia. However, according to the U.S. State Department, Croatia is a tier 1 country, actively working to prevent the sex trade.[64][65]

Greece

Prostitution is legal at the age of 18. Persons engaged in prostitution must register at the local prefecture and carry a medical card that is updated every two weeks. Greek authorities decided to implement a 1999 law which stipulates that all brothels must have permits.[66] It is estimated that fewer than 1,000 women are legally employed as prostitutes and approximately 20,000 women, most of foreign origin, are engaged in illegal prostitution.[67][68] According to NGO estimates, there are 13,000-14,000 trafficking victims in the country at any given time. Major countries of origin for trafficking victims include Nigeria, Ukraine, Russia, Bulgaria, Moldova and Belarus.[67]

Italy

A street prostitute talking to a potential customer in Torino, Italy, 2005
Main article: Prostitution in Italy

In Italy, prostitution itself is legal, but the law prohibits organized prostitution (brothels, prostitution rings or similar commercial enterprises and other forms of pimping).[69] In 2008 the Government approved a law proposal by one of its ministry to forbid street prostitution but the proposal has never been converted into law so street prostitution is still legal in Italy and is very common. Italy is listed by the UNODC as a top destination for victims of human trafficking.[5]

Kosovo

Prostitution is illegal and can incur a prison sentence of between 5 and 10 years. However the latest report adds that Prostitution has become a new organized crime in Kosovo.[70]

Malta

Prostitution itself is legal, but certain activities connected with it, such as running a brothel and loitering, are not. Certain offences are punishable by sentences of up to two years in prison.[71]

In March 2008, police and the Ministry for Social Policy signed a memorandum of understanding to formalize a screening process for all arrested persons engaged in prostitution to determine whether they were victims of trafficking or other abuses.[71] The law provides punishments of up to 6 years for involving minors in prostitution.[72]

Portugal

In Portugal, prostitution itself is legal, but organized prostitution (brothels, prostitution rings and other forms of pimping) are prohibited. Forced prostitution and human trafficking are also illegal.[73] By the mid-2000s, the number of female prostitutes was estimated at 28,000, of which at least 50% were foreigners.[74][75]

Republic of Macedonia

Prostitution in the Republic of Macedonia is illegal. The country is a major transit point for prostitution to the west.[76][77] The Macedonian government is trying to clamp down on prostitution.[78] The trafficking of women for sex is worth billions in Macedonia and is considered to be run primarily by Albanian gangsters.[79]

Serbia

Prostitution in Serbia is illegal and can incur a prison sentence of between 5 and 10 years.

Spain

Main article: Prostitution in Spain

Prostitution itself is legal in Spain, but pimping is not. Owning an establishment where prostitution takes place is legal if the owner neither derives financial gain from prostitution nor hires any person for the purposes of selling sex because prostitution is not considered a job, and has no legal recognition. Municipalities vary in their approach to regulating prostitution, both indoor and outdoor.

Turkey

In Turkey, prostitution is legal and regulated. Prostitutes must register and acquire an ID card stating the dates of their health checks. Also it is mandatory for registered prostitutes to have regular health checks for sexually transmitted diseases. The police are allowed to check the authenticity of registered prostitutes to determine whether they have been examined properly and to ensure they see the health authorities if they don't. Men cannot register under this regulation. Most sex workers, however, are unregistered, as local governments have made it policy not to issue new registrations. As a result, most sex workers in Turkey are not registered sex workers, working in violation of the law.[80][81] Turkey is listed by the UNODC as a top destination for victims of human trafficking.[5]

Western Europe

Belgium

Rue d'Aerschot, Brussels: A portion of the street, with red lights and prostitutes visible. Prostitution is tolerated in Belgium.

Prostitution itself is legal in Belgium, but the law prohibits operating brothels and other forms of pimping[82] or assisting immigration for the purpose of prostitution. However, in practice enforcement can be lax and "unofficial" brothels are tolerated (for example in Antwerp). Human trafficking or exploiting individuals for financial gain is punishable for a maximum prison sentence of 15 years.[83] A recent report by RiskMonitor foundation states that 80% of the prostitutes who work as windows prostitutes in Belgium are from Bulgaria.[84] Belgium is listed by the UNODC as a top destination for victims of human trafficking.[5] Many sex workers organisations feel that the present grey area in which prostitution operates leaves sex workers vulnerable to exploitation.[85][86][87][88][89]

A report commissioned by the National Bank of Belgium,[90] estimated a turnover of 840 million Euro in 2015.[91] 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.

France

Selling sexual services is legal in France, but organized prostitution (brothels, prostitution rings and other forms of pimping) is prohibited. Solicitation is also illegal. Paying for sex became illegal on 6 April 2016.

Luxembourg

Prostitution itself is legal in Luxembourg, but activities associated with organized prostitution, such as profiting from (operating brothels and prostitution rings) or aiding prostitution are illegal.[92] Human trafficking incurs severe penalties.[93] [94]

Monaco

Prostitution itself is legal in Monaco, but organized prostitution (brothels, prostitution rings and other forms of pimping) is prohibited.

Netherlands

Scene from Amsterdam's red light district. The Netherlands has one of the most liberal prostitution policies in the world

Prostitution is legal and regulated in the Netherlands. The country has one of the most liberal prostitution policies in the world and attracts sex tourists from many European countries and from the US.

Netherlands is listed by the UNODC as a top destination for victims of human trafficking.[5]

See also

References

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  44. 1 2 Regulations Regarding Restriction of Prostitution
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  69. ↑ "Country Report on Human Rights Practices in Italy". State.gov. 2008-03-11. Retrieved 2010-03-31.
  70. ↑ "Kosovo: Prostitution As A New Organized Crime Sideline". 21 June 2013.
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  73. ↑ "Country Report on Human Rights Practices in Portugal". State.gov. 2008-03-11. Retrieved 2010-03-31.
  74. ↑ (Portuguese) João Saramago, Estrangeiras dominam prazer, Correio da Manhã (17 March 2005)
  75. ↑ "Sex work and Sexual Exploitation in the European Union - The Situation in Portugal". ex.ac.uk. Retrieved 2 November 2015.
  76. ↑ "Country Report on Human Rights Practices in Macedonia". U.S. Department of State. 6 March 2007. Retrieved 2 November 2015.
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  78. ↑ Sex Slave Racket Clampdown in Macedonia
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  80. ↑ "Turkey: Country Reports on Human Rights Practices". U.S. Department of State. 31 March 2003. Retrieved 2 November 2015.
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  83. ↑ "Belgium". Retrieved 2008-05-26.
  84. ↑ Petrunov, Georgi (2009). Sex trafficking and money laundering: the case of Bulgaria (PDF). Risk Monitor. p. 16.
  85. ↑ "Life In Belgium". Retrieved 2008-05-26.
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  87. ↑ Osborn, Andrew (2001-06-24). "Squalid road that leads to Belgium". The Guardian. London. Retrieved 2010-05-22.
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  89. ↑ "Belgian Experiment: Make Prostitution Legal to Fight Its Ills". Wall Street Journal. Retrieved 2012-04-11.
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  92. ↑ "Country Report on Human Rights Practices in Luxembourg". State.gov. 2008-03-11. Retrieved 2010-03-31.
  93. ↑ "A summary of the prostitution regulations in the EU member states" (PDF). www.europarl.europa.eu. European Parliament. Retrieved 13 September 2015. Luxembourg: Procuring is prohibited, and the keeping of brothels. Buying sex from children under 18 is illegal, but prostitution in itself is not criminal.
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