Legal and protected sex work: Belgium paves the way

Although prostitution is the oldest profession in the world, it remains to this day one of the most controversial. Just recently, many French sex workers went to the European Court of Human Rights, claiming that their right to personal and sexual freedom was being violated in light of current legislation, which significantly limits the possibility of sex work in France.

Lawmakers clearly just can't seem to agree on the rights of sex workers. Belgium - unlike France - is one of the most progressive countries and set a clear course for the future of sex work.

Sexual criminal justice reform 2022

For a long time, a policy of tolerance prevailed when it came to prostitution. Sex workers and their clients -at least when they were not abusive prostitutes and the sex workers were of age- eluded an entry in the penal code, but anyone who provided services to a sex worker or attempted to organize this soon fell under the heading of "pimping. Providing a safe working environment to practice this profession thus took many risks and often left sex workers unprotected.

With the thorough reform of the sexual criminal law in 2022, among other things, the definition of pimping was tightened and from then on self-employed sex workers could more easily organize themselves and also call on third parties for their services (accountants, lawyers, insurers, etc.). This was an important milestone on the road to decriminalization and legalization of sex work.

However, the crime of pimping remains in the following cases:

organizing the prostitution of another for the purpose of obtaining a benefit, except in the cases stipulated by law;
promoting, inducing, encouraging or facilitating prostitution for the purpose of obtaining, directly or indirectly, an abnormal economic benefit or any other abnormal benefit;
take measures to prevent or make it difficult to leave prostitution.

Sex worker?

However, the possibility of practicing this profession under an employee statute was not elaborated in 2022, so there was still legal discrimination with regard to this occupational category. Indeed, this prevented sex workers from exercising many social rights (rights to pensions, health care, maternity leave, etc.).

Fortunately, that too is about to change with the May 3, 2024 law containing provisions on sex work under labor contract. This law will guarantee for sex workers that they can work in safe conditions under a labor contract with the accompanying social rights.

In order to avoid abuse and exploitation, the potential employer must meet strict conditions and obtain prior approval from the government. Sex workers are also granted a number of specific social rights such as the right to terminate the employment contract without notice or compensation.

So the first bricks for the full legalization of sex work have already been laid, but the bridge is not yet complete. The law will not enter into force until December 1, 2024, and its implementation will not happen overnight either. The law still needs to be supplemented concretely with royal decrees that will establish rules on hygiene, minimum area and equipment of rooms,...

Belgium paves the way

Regulation of sex work, according to Belgium, is the solution to prevent abuse and exploitation in the sector. Other countries such as France do not (yet) agree and still advocate criminalization. Although the ECtHR recognizes that such conservative policies are a restriction on the private lives and autonomy of sex workers, a few weeks ago it ruled that this does not violate Article 8 ECHR. Given that sex work is still a divisive and controversial issue, the ECtHR hides behind the margin of appreciation it grants to states. In our opinion, however, this is a missed opportunity to offer more recognition and protection to sex workers at the supranational level as well.

The legalization of sex work in Belgium through new legislation is an example to be emulated. It recognizes sex workers as full members of society with rights and protections, and provides a progressive model for the regulation of sex work.

If you have questions regarding sexual criminal law, be sure to contact our sex specialists at info@bannister.be or by calling 03 369 28 00.