Sex Work Regulations in Germany

Ministers from 4 states demand comprehensive overhaul of “Prostitutes Protection Law”

Ulle SchauwsUlle Schauws MdB (Member of the German Parliament), Green Party*

Wo Schutz drauf steht, muss Schutz drin sein*

*[lit. Where it says protection on the outside, protection must be included]

+++ Update: Click here to download the position paper as PDF. This resource is in German. +++

The Green Party believes that the “Prostitutes Protection Law”, submitted by Minister for Family Affairs Manuela Schwesig (Social Democrats), will be subject to approval by the Bundesrat, the upper house of the German parliament. The reason for that is that the Länder (states) are supposed to carry out mandatory health consultations for sex workers and will thus shoulder the financial burden of the law. “Federal laws containing duties for Länder to carry out such services require the approval by the Bundesrat”, writes Ulle Schauws, parliamentary spokeswoman for women’s affairs, in a position paper.

Schauws receives support from ministers Barbara Steffens, Irene Alt, Katharina Fegebank, and Anja Stahmann, who are responsible for prostitution-related matters Bremen, Hamburg, North Rhine-Westphalia and Rhineland-Palatinate. They criticise that the bill is expensive and bureaucratic, and required “states and municipalities to establish entirely new departments”. The predicted costs set out by the Ministry for Family Affairs were an underestimation. [Ulle Schauws and] the four ministers demand a comprehensive overhaul of the draft bill, also because it discriminated and stigmatised sex workers, e.g. through mandatory registrations.

Wo Schutz drauf steht, muss Schutz drin sein

Quotes from the Greens‘ position paper

Die Grünen Logo“What the BMFSFJ [Federal Ministry of Family Affairs, Senior Citizens, Women and Youth] presented after the tough negotations in the grand coalition, is a bill that continues the discrimination and stigmatisation of people engaging in prostitution and forces many of them into illegality.”

Die Grünen Logo“According to experts and [representatives of] prostitutes organisations, whom we have heard on this matter, most of this bill is headed into the wrong direction. The recent resolution by Amnesty International underscores yet again that the protection and human rights of prostitutes worldwide must be strengthened. The draft bill, however, considerably worsens the status quo for people engaged in prostitution. Instead of protecting them, it disproportionally puts pressure on prostitutes.”

Die Grünen Logo“Mandatory registrations are intended to particularly benefit victims of human trafficking. What the BMFSFJ ignores here are the experiences made in Austria. The mandatory registration ordinance for prostitutes, as currently used in Vienna, has shown that victims of human trafficking were in fact frequently registered but the authorities couldn’t recognise them. Would victims of human trafficking who are forced into prostitution but remain undetected despite (forced) registrations not believe their exploitation was legal? On the other hand, there are reasonable grounds to assume that a lot of prostitutes would not register and instead work illegally for fear of being forcibly outed, as has happened in Vienna.”

Die Grünen Logo“Within one and the same draft bill, the BMFSFJ conflates two separate regulatory areas, which should be dealt with in two laws: the regulation of occupations in prostitution and the criminal law dealing with human trafficking. The main problem with prosecution of human trafficking cases is victims’ fear to give testimony against their perpetrators. This willingness to give testimony would not at all be strengthened if the concerned persons must face the authorities in the course of registration procedures and are threatened with fines in case of non-compliance. Instead, we Greens demand a simpler procedure [for them] to attain the right of residence, to increase victims’ willingness to give testimony at the courts.”

Die Grünen Logo“All told, the draft is divorced from reality, inconsistent, and misses its actual goal. As a result of this so-called protection law, prostitutes would predominantly experience incapacitation and repression, instead of a strengthening and professionalisation of their occupation. We demand a law that takes the protection of people engaged in prostitution seriously and delivers what it promises. We call on the BMFSFJ to overhaul the draft bill with that in mind.“


*Image: Website of Ulle Schauws (Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Germany License). Source: Green Party. Translation: Matthias Lehmann. Click here to download the position paper as PDF. This resource is in German.

One response

  1. Reblogged this on Research Project Korea and commented:

    The Prostitutes Protection Law “is a bill that continues the discrimination and stigmatisation of people engaging in prostitution and forces many of them into illegality. … The recent resolution by Amnesty International​ underscores yet again that the protection and human rights of prostitutes worldwide must be strengthened. The draft bill, however, considerably worsens the status quo for people engaged in prostitution. Instead of protecting them, it disproportionally puts pressure on prostitutes.”

    September 15, 2015 at 10:49 pm

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