“Forced registration – Not with us!” Sex workers and allies demonstrate against the ProstSchG in front of the Federal Ministry for Family Affairs in Berlin © 2015 Emy Fem
ICRSE launches Briefing Paper on
Germany’s new ‘Prostitutes Protection Act’
[Deutsche Version hier]
To mark the International Sex Workers’ Day, celebrated each year on June 2nd to commemorate the occupation of the Saint-Nizier Church in Lyon, France, by 100 sex workers in 1975, ICRSE launches a briefing paper titled “Professed Protection, Pointless Provisions – Overview of the German Prostitutes Protection Act (Prostituiertenschutzgesetz – ProstSchG)”.
The briefing paper was developed by ICRSE in collaboration with Hydra e.V. and the Professional Association Erotic and Sexual Services (Berufsverband erotische und sexuelle Dienstleistungen, BesD e.V.). It aims to offer policy makers, sex workers, and sex workers’ allies an analysis of Germany’s new “Prostitutes Protection Act” and its expected impact on sex workers, and outline recommendations from the sex worker community.
As noted therein, ICRSE has serious concerns about the ways the “Prostitutes Protection Act” will significantly undermine many of sex workers’ fundamental rights. The mandatory registration of sex workers and the possibility of issuing administrative orders against them limit their right to freedom of vocational choice, and the extensive means of surveillance that the “Prostitutes Protection Act” affords the authorities infringes the constitutional right of the inviolability of the home. The recording of personal data in connection with information about persons’ sexual life is a particularly serious issue as it violates the fundamental right to informational self-determination and the directive of the European Parliament on “the protection of individuals with regard to the processing of personal data”. Given the impossibility of providing absolute data protection, the upcoming collection of this personal information is highly problematic.
The “Prostitutes Protection Act”, in the form that it will come into effect on July 1, 2017, only pretends to be a law for the protection of sex workers. The regulations provided therein fail to support both sex workers and trafficked persons. Instead, the law will force sex workers into illegality, especially those working together at apartments as well as migrant, trans, and otherwise particularly vulnerable individuals in sex work. What is labelled as protection is in large parts simply a law aimed at repressing sex work.
We invite sex workers and policy makers to read the briefing paper and take note of the recommendations from the sex workers’ community.
Authors: Angela Herter and Emy Fem
Contributing Author and Copy Editor: Matthias Lehmann (Research Project Germany)
Translation: Ursula Probst
Design: Aleksandra Haduch
Photos: Matthias Lehmann and Emy Fem
This article was first published as “Sex Workers’ Rights Day: ICRSE launches Briefing Paper on Germany’s new ‘Prostitutes Protection Act’” on the website of the International Committee on the Rights of Sex Workers in Europe (ICRSE) on May 31st, 2017. Republished with kind permission.
Nueva Ley de Prostitución en Alemania: una ley especial impracticable y discriminatoria | Declaración de Voice4Sexworkers (Voz para trabajadores sexuales)
Foto: Parodia del registro de prostitutas en una protesta de trabajadoras sexuales en Berlín © 2016 Friederike Strack. Todos los derechos reservados.
En el día de hoy, la ministra de Salud de Rhin Norte-Westfalia, Barbara Steffens, y la presidenta de la Mesa Redonda sobre la Prostitución de Rhin Norte-Westfalia, Claudia Zimmermann-Schwartz, dieron una conferencia de prensa acerca de la planeada Ley de Protección de Prostitutas, de la que dijeron que llevará aún más a las trabajadoras sexuales a la ilegalidad, en lugar de protegerlas. Como parte del comunicado de prensa, se presentaron las declaraciones de dos trabajadoras sexuales que participaron en la Mesa Redonda. Lo que sigue es la declaración ampliada de una de ellas, traducida del original en alemán publicado por Voice4Sexworkers. Hacer clic, por favor, aquí para ver el comunicado de prensa emitido por el Ministerio de Salud, Igualdad, Servicios Sociales y Personas Mayores en Rhin Norte-Westfalia. Este recurso está en alemán.
Declaración de Melanie, participante en la Mesa Redonda sobre Prostitución
Soy madre soltera de dos hijos y he estado trabajando como trabajadora sexual durante los pasados diez años. Nunca he conseguido ganarme totalmente la vida con el trabajo sexual, pero no quise volver a recibir ayuda social o vivienda protegida. Por esta razón, los ingresos adicionales provenientes del trabajo sexual han sido siempre bien recibidos y me han permitido proporcionar a mis niños vidas normales libres de exclusiòn social.
El principio más importante —y esto es exactamente en lo que no se basa el proyecto de ley sobre nosotras— es que la prostitución tiene que ser despenalizada antes de ponerse a regularla. Esto significa que el trabajo sexual no debe ser regido por el código penal. El año pasado, Amnistía Internacional llegó a la misma conclusión tras llevar a cabo durante dos años un amplio estudio en el que entrevistaron a trabajadoras sexuales, en particular en los países en los que el trabajo sexual está intensamente regulado o incluso prohibido. Un informe de la ONU de 2012, basado en la investigación llevada a cabo en 48 países, encontró también que los sistemas de licencias o registros demostraban ser ineficaces o beneficiaban solo a un pequeño número de trabajadoras sexuales. En las jurisdicciones que han introducido estos sistemas, la vasta mayoría de las trabajadoras sexuales operaba fuera de ellos. Comparaciones con países como Alemania revelaron que las situaciones de trabajo y de vida de las trabajadoras sexuales mejoran cuando el trabajo sexual es legalizado. Pero los resultados más positivos se han conseguido en Nueva Zelanda, donde el paso final hacia la despenalización se dio hace casi 13 años. (more…)
Photo: Mock Whore ID at sex worker protest in Berlin © 2016 Friederike Strack. All Rights Reserved.
Today, North-Rhine Westphalian Health Minister Barbara Steffens and Claudia Zimmermann-Schwartz, Chairwoman of the Roundtable Prostitution in North Rhine-Westphalia (NRW), held a press conference about the planned Prostitutes Protection Law (ProstSchG), which they argued would further drive sex workers into illegality instead of protecting them. As part of the press release, statements from two sex workers who participated in the Roundtable were presented.The following is an expanded statement from one of them, translated from the German original published by Voice4Sexworkers. Please click here to view the press release by the Ministry of Health, Equalities, Care and Ageing (MGEPA) in NRW. This resource is in German.
Statement by Melanie, Participant at Roundtable Prostitution
I’m a single mother of two and I’ve been working as a sex worker for the past ten years. I’ve never been able to earn my entire livelihood through sex work but I didn’t want to fall back on receiving welfare or housing benefits. That’s why the additional income from sex work has always been welcome and has enabled me to afford my children normal lives free from social exclusion.
The most important principle – and that’s exactly what the draft bill before us is not based on – is that prostitution has to be decriminalised first before one sets out to regulate it. This means that sex work must not be governed by criminal law. Last year, Amnesty International arrived at the same conclusion after conducting a comprehensive 2-year study in which they interviewed sex workers, particularly in countries were sex work is heavily regulated or even forbidden. A UN report from 2012, based on research in 48 countries, also found that licensing or registration systems proved to be ineffective or benefited only a small number of sex workers. In jurisdictions that have introduced these systems, the vast majority of sex workers operated outside of them. Comparisons with countries like Germany revealed that the working and living situations of sex workers improve when sex work is legalised. But the most positive results have been accomplished in New Zealand, where the final step towards decriminalisation was taken almost 13 years ago.
The authors of this Prostitutes Protection Law did not muster that same courage. Under the guise of wanting to protect us, they drafted a bill that is entirely “exit-oriented” but mentions nothing about how to earn a living or receive benefits for one’s livelihood. The Hartz IV welfare benefits are insufficient even now, and it is for that very reason that many of us choose to engage in sex work. If one were really interested in helping us, other alternatives and practical assistance were required instead of fobbing us off with minimal basic coverage. Notably, in urban areas where the unemployment rate is high, this minimal basic coverage does not provide for sustainable future prospects.
Instead of the current plan of sinking an initial 76.2 million euros followed by 85 million euros annually into this bureaucratic monster, these funds could be used for more meaningful projects, such as counselling centres, self-help organisations, interim payments, and support for qualification measures to enable occupational reorientation. A social welfare fund for sex workers would also be a blessing, since a considerable percentage of us cannot even afford the minimum contribution towards our health insurance.
Instead of offering us the assistance we have suggested time and time again, the new law would impose insurmountable obstacles on us. Our survey among sex workers from December 2015 has also shown what they really wish for and need: effective protection from discrimination, protection against dismissal from a primary job due to engaging in sex work on the side, protection against extortionate rent, more counselling centres (particularly of the kind that don’t just offer help on how to exit, but also how to safely enter sex work), and better protection of their anonymity, especially when dealing with authorities. The ProstSchG fails to provide any of that and instead amounts to the exact opposite, since it even goes as far as to cancel out the Basic Law. If this new law came into effect, the police would be allowed to enter any private home without a court order. A simple allegation that prostitution was taking place in any given apartment would suffice as justification.
In our survey, around one third of all respondents stated they had already had negative experiences with authorities. An equally large share stated they had never outed themselves to authorities out of fear or shame. Together, they represent far more than half of all respondents. Having to explain oneself and provide intimate details to a stranger would only exacerbate this trend.
In addition, it is incomprehensible why it should be necessary to provide all our work locations or have to register anew to work in additional cities or states. These measures are simply meant to enable authorities to create movement profiles that would reveal a lot but contribute nothing to our protection.
Instead of supporting people engaged in sex work to self-organise and create individual work places, the employment situation of independent sexual service providers would be made worse. It’s not enough that the law in its current form would effectively give big operators supervisory powers over sex workers, since operators would have to record their registration details, length of stay and other specifics to pass on to authorities. The law would also strengthen the overall position of those operators by rendering it virtually impossible for sex workers to work alone or with colleagues in apartments. As a result, it would push them into the hands of the very operators who are such thorns in the sides of so many municipal politicians – just their sight, of course, not their taxes. This law pretends to protect us from heteronomy but it would cause the exact opposite: it would deprive most of us of the opportunity to self-determined and independent work.
The authors also further the “laissez fairy tale” of prostitution businesses not being subject to strict regulations and the poor police having no way of controlling anything. Nothing could be further from reality. Rather, it is an attempt to win approval for the draft bill from the public instead of explaining to them why an annual 85 million euros should be forked out for measures that will not help sex workers or those municipalities already short on funds.
The draft bill consistently lacks the principle of impartiality. It is blatantly apparent that the authors were unable to discard the stigma attached to sex work, against which (incidentally), no steps have ever been taken since the current prostitution law came into force.
Instead, the measures planned under the Prostitutes Protection Law aggravate and intensify the very stigma which sex workers around the world cite consistently as the the main obstacle in their daily lives. The wording of the draft bill and the claims made in the substantiation for the law exacerbate the pre-existing prejudices and clichés. If sex work is mentioned in the same breath as criminal activities and sexual exploitation, that is the image that manifests in people’s heads.
Those who dismiss the few sex workers who dare to stand up for their rights as “privileged” should rather become aware of their own complicity in the stigmatisation of sex work. Instead of drafting laws that will curtail the options of all sex workers, the focus should be to add to options available to them. Those who would be affected the most by this law are the very people who already have too few options to begin with, namely migrants and trans* people, and who are often subject to multiple discriminations on a daily basis.
My participation in the “Roundtable on Prostitution in North Rhine-Westphalia” was the first time I experienced people talking with me. Usually, people only talk about me, even when I’m present. The Roundtable proved that it is entirely possible to sit down with the actual experts – us (!) – and find solutions. If one doesn’t talk with sex workers one ends up with the very result the ProstSchG represents: an impractical and discriminatory special law, which excludes us from equal participation in economic life and renders us socially vulnerable.
Original by Voice4Sexworkers. Translation by Matthias Lehmann. Proofreading by Christy Swain and Gabriel Pettyjohn. Published with kind permission.
Slogan of Frankfurt protest in June 2015, organised by Doña Carmen
V4S conducted a survey among sex workers in Germany
To coincide with the International Day to End Violence Against Sex Workers, held annually on December 17th, Voice4Sexworkers* conducted a survey among sex workers in Germany, where the ruling coalition is working for two years already on a draft for a “Prostitutes Protection Law” (ProstSchG), said to protect sex workers from violence, coercion and exploitation. Manuela Schwesig, the Minister for Family Affairs, recently submitted a draft bill, which laid out plans how to control and regulate prostitution in Germany, although the actual goal of an EU directive was to create a law to fight human trafficking.
Since the prostitution debate in Germany is dominated by estimates and alleged facts – neither from reputable sources, nor based on verifiable evidence – Voice4Sexworkers wanted to find out what the current situation of sex workers in Germany actually looks like. More often than not, the media simply print two opposing opinions and then leave it at that. The actual mood among sex workers can hardly be derived from that. For many months, “experts” have been arguing over whether the law in its current form is necessary, but hardly anyone wonders about the opinions of those who will be directly affected by the law, or knows what needs they might have. It’s also quite difficult for outsiders to establish contact with sex workers, let alone gain their trust, especially if you don’t want to ask just one or two, but many sex workers about their opinions.
For that reason, Voice4Sexworkers started a survey among sex workers in December, which they could participate in anonymously until December 16th, 2015. Contrary to politicians, researchers or the media, Voice4Sexworkers was able to draw on a well-connected and large network, which demonstrably only sex workers have access to. Among other platforms, respondents were found on an online portal, where only sex workers can advertise their services. Voice4Sexworkers would like to thank all respondents for taking the time to participate in the survey.
Participation in the survey was completely anonymous and random. Therefore, respondents were able to respond freely and openly. As they survey wasn’t public and wasn’t publicly advertised either, the number of respondents was somewhat smaller, but in turn, this ensured that all participants were authentic and that no manipulation or falsification of data by non-sex workers was possible. Since not even Voice4Sexworkers knew the identity of the respondents, the responses offer an unfiltered insight into the world and lived realities of sex workers. Anyone questioning the credibility and correctness of this survey is welcome to contact Voice4Sexworkers and cite comparable surveys and specify their sources.
Contrary to existing and oft-cited studies, in which only members of certain groups were interviewed, e.g. drug users selling sex to finance their drug consumption or trafficked persons, this survey covers people across all work modes of sexual service provision. Their opinions and experiences are reflected in this survey, regardless if they are working on the street, at brothels, or as escorts. Intentionally, no group was excluded or treated or treated preferentially, because that would only have added to existing selective impressions from certain groups and not helped to show how the respective factors and circumstances affect sexual service providers in general.
Especially the responses to the question about what type of sex work they engaged in illustrate how respondents came from all areas and reflect the overall situation in Germany (percentage of the respective types of sexual service; distribution among the number of sex workers). Although the results confirmed their own experiences, even at Voice4Sexworkers, they were somewhat surprised how diversely a high number of sex workers operates and how wide-ranging the services are that they offer.
What didn’t surprise them was to learn that sex workers often don’t limit themselves to engage in a single type of sex work. Many switch back and forth between different types of services and offer services that are either the most profitable at a given time, or those that clients request, or those that are most practical for them due to private or other circumstances.
Other sex workers’ careers develop over time: some start by renting a room at a brothel but offer escort services or house calls later in life; others start out by working at apartment brothels but later switch to offer domina services because they developed a liking and the skills for it.
In that regard, Voice4Sexworkers’ survey offers facts that differ from the usual estimates. There isn’t the ONE typical sex worker, but just like in any other profession, people undergo a constant development and acquire skills while engaging in sex work. Or, as the survey also shows, some realise they aren’t suitable for the job or don’t like it, so that they want to change occupations as soon as possible.
However, the majority of respondents is engaged in sex work for the longer term and gathers experiences across different types of sex work, especially through contacts with their peers.
The other answers by the 69 respondents were not particularly surprising either, at least not for the members of Voice4Sexworkers, but merely confirmed what they and other sex workers have been saying all along.
With regards to the planned Prostitutes Protection Law, the following points are worth noting:
- Sex workers are insufficiently informed about the ProstSchG. Many of them don’t even know enough about the existing prostitution law.
- Only 4.3% favoured mandatory registrations, whereas 78.3% were against it.
- Over half of the respondents (53.6%) expressed that they were afraid of having to out themselves as a result of mandatory registrations…
- …which is probably why 44.9% have decided not to register with authorities and continue to work illegally, despite being threatened with fines.
- As a result of the law, half of the respondents worry about the future and are afraid to lose their job.
- Despite partially negative experiences with operators(65.4%), a majority is against statutory permission requirements for prostitution businesses (36.2%) and apartment brothels where two or more colleagues work together (68.1%).
- The prevalent belief that sex workers experience violence and abuse predominantly from clients could not be confirmed. It raises all the more starkly the question whether sex workers really need a law to protect them…
- …as the responses to the final question about their wishes illustrate. The gulf between sex workers’ actual needs and the planned regulations could hardly be any bigger.
But please read the entire result of the survey. The other figures and responses speak for themselves. (To pause the slide show, please hover over the image with your mouse and press the middle button.)
You can download the entire survey [in German] as excel file at Voice4Sexworkers. Alternatively, you can download the above graphics as pdf-file here.
Voices of sex workers
As part of the survey, respondents had the opportunity to leave an additional message. Some made use of that and left the following messages and opinions:
“The work with clients in itself is not the problem. Problematic are the conditions. Stigmatisation, the consequences of being outed/outing oneself, the helplessness when dealing with operators/lessors, and being afraid to call the police when you make negative experiences! They might then keep a record of you real name and, bam!, the stigma is engraved in your data.”
“It would be nice if people (the authorities) would simply ask first if one can work independently and wants to do it. The chaos surrounding registering a business and obtaining a tax code number should stop. There should be standardised regulations in all states.“
“I don’t have any problems with my clients but with the good citizens who outed me, ostracise me from society, and stigmatise me. With my CLIENTS I have no problems!”
“If this law will be adopted in its current form, it will create a parallel world again. Women who need the money will continue to work and then have to buy protection, which society is taking away from them through forced registrations and forced outing, from strong men… without the possibility to report exploitation, violence, coercion etc. to the police, because they would then have to admit that they illegally work in prostitution. Rights protect and empower us. If they are withheld, we are made into victims, especially of the rescue industry, which collects donations at our expense to finance itself and manifest its right to exist. This so-called help aims to deny our agency and right to self-determination, so that we’ll never be able to rid ourselves of the victim status they imposed on us and remain forever under their control.“
“Pity that the survey is only in German. That way, it will hardly be seen as scientifically credible…”
“I really wished there was more information, especially for colleagues who like to enter sex work, particularly foreign ones. Also more information for the public, so that our occupations gets out of the ‘dirty corner’ and more widely accepted.”
„I’m not afraid of a ban because in my opinion, that’s not compatible with Germany’s Basic Law. But even something like working ‘illegally’ will hardly apply to me as an escort, as long as it’s not forbidden to have private one-night stands. Whether or not money changes hands is only of interest for tax authorities – and if what I did was illegal, then the government can hardly levy taxes on it. It will also hardly be possible to prohibit having a private homepage or a blog with a contact form, where I offer dates – after all, I don’t have to publish a price list. But all that is of course a bad and burdensome game of hide-and-seek.
What I’m worried about is no the legal, but the societal persecution and discrimination. I don’t expect that a state of an employer protects me. I would never report sexual violence or rape anyway, even if I suffered them outside of sex work. Even experienced layers advise their daughters against it: the effort, the embarrassment of revealing it all in public, conviction and sentencing not being secure and often too low anyway. It’s not worth it. Besides, victims expose themselves to additional dangers, e.g. forced outing, public humiliation, blackmailing from officials, violence from the police. The only protection for me is an educated, emancipatory society.”
“It would be great if this survey would also exist in other languages! In Germany, many migrants are working in sex work, whose experiences would also be very important.”
“Since I do tantric work, I find it often difficult to see that as sex work. The working conditions for real tantric work are very different to those I learn about from sex workers. I see myself caught between the stools. Very uncomfortable. If only there wasn’t this headwind from politicians and society – because the job in itself is very satisfying, useful and fulfilling.”
“I like working in this job. It’s sophisticated and important.”
“Thank you for your work! Good that you are there. :)”
“I would like more protection for my job..!! And more understanding where to sleep, in the apartment where I work..!! How I can pay additional a hotel room and with a whore pass how can I be accepted at hotel???? Who helps me??”
“In the meantime, I’ve lost the belief that this government somehow wants to help us with the new law. On the contrary, they want to legitimise increased discrimination against us. These politicians want to demonise the voices of those women who live their sexuality independently and freely, and who refuse to let themselves be exploited for a pittance. These politicians want to see them yet again as demonised whores. We are not supposed to threaten the patriarchal, classist society. That’s why they don’t want to sit down together with us and make decisions over our heads.”
*Voice4Sexworkers (V4S) is a project by sex workers and for sex workers, and for anyone else interested in sex work and sex workers’ rights. V4S provides sex workers, friends, supporters and clients the opportunity to publish their opinions and comments. To learn more about V4S, please click here.
This survey was originally published as “Umfrage: Prostitution – Eine Momentaufnahme” by Voice4Sexworkers. Translation: Matthias Lehmann, Research Project Germany. Every effort has been made to translate this article verbatim. As a result, the wording may appear unusual on some occasions.
“Politically motivated despotism” | Statement by sex worker counselling centre Doña Carmen in response to the derecognition of its charitable status
“Closed due to charitable status”
“Imagine if journalists asked us about our opinion about the planned ‘Prostitutes Protection Law’ and we had to say, “Sorry, we can’t talk about that, because our work must benefit the public.” – Franziska Funk, sex worker and member of Doña Carmen e.V.
Derecognition of Doña Carmen’s charitable status due to advocacy for the recognition of sex work as work
+++ Update +++ Following a petition by Constance journalist Dennis Riehle, the Hesse state parliament called on the state government to clarify why attac e.V. and Doña Carmen e.V. had their charitable statuses derecognised for engaging in political causes. The state government must now examine the legal situation. Riehle commented: “The petition was dealt with relatively quickly, which in my view indicates that the members of parliament share the concern that this matter, which can hardly be described as coincidental, requires clarification. The authorities will only be able to dispel the doubts if they produce valid arguments.” (Source: Dennis Riehle)
In September 2015, the Frankfurt tax office revoked the Gemeinnützigkeit (charitable status, lit. benefit to the public) of Doña Carmen, Association for the social and political rights of prostitutes, with immediate effect, and backdated its decision retroactively to 2011.
At first glance, the reasons appear contrived: “supporting women in prostitution in tax-related matters”; “offering guided tours through brothels” during the open night at Frankfurt’s station quarter (Bahnhofsviertelnacht). One can only shake one’s head.
But the core accusation levelled against Doña Carmen makes one’s ears prick up: the association is blamed for pursuing political goals, “continuously” and “in a non-neutral manner”, “by campaigning for political interests of prostitutes”. Explicitly, Doña Carmen is charged with engaging in “advocacy for the recognition of sex work as work”. Henceforth, the Frankfurt tax office no longer holds this as a charitable cause.
“Gemeinnützigkeit” as political weapon
The decision by the Frankfurt tax authority – should it become a legal precedent – is politically explosive since the “charitable status” (Gemeinnützigkeit) is used as a political weapon and the Charity Law (Gemeinnützigkeitsrecht) is being politicised in a reactionary manner. The goal here is to terminate a political consensus, in place for nearly 30 years, which recognises counselling centres for sex workers, which are normally set up as charitable organisations, as experts on the subject of sex work and as advocates for sex workers’ concerns.
Today, Doña Carmen is the target. And tomorrow?
The derecognition of the charitable status has serious repercussions for Doña Carmen with regards to the funding of the counselling centre’s work and causes major problems. Due to chronic underfunding, other counselling centres would experience the same problems. Today, Doña Carmen is being targeted. And tomorrow?
Other associations, e.g. Hydra e.V. in Berlin, Nitribitt e.V. in Bremen, Madonna e.V. in Bochum or Kassandra e.V. in Nuremberg, to name but a few, are all recognised as charitable, although structurally, their statutes are no different. On their websites, they also list political demands that are aimed at the recognition of sex work as work. Thus, if this is about the derecognition of the charitable status of counselling centres for sex workers, then the respective authorities should have no difficulties in proceeding, if they applied the standards of the Frankfurt tax office.
Blatant case of political despotism
The derecognition of Doña Carmen’s charitable status is a blatant case of political despotism and illustrates how these things develop:
Since 2001, Doña Carmen conducts guided tours through Frankfurt’s brothels. Since 2009, this also includes tours as part of the open night at Frankfurt’s station quarter (Bahnhofsviertelnacht). The tax office has been aware of all that for a long time, since the tours were listed in the activity reports presented for the recognition of the charitable status during previous years. Since Doña Carmen’s charitable status was recognised in the past despite the brothel tours, it indicates that it is not the practice of Doña Carmen that has changed but the views held by the Frankfurt tax authorities.
The same applies for engaging in advocacy for the recognition of sex work as work. Doña Carmen has uncompromisingly demanded this right ever since its establishment 18 years ago. Throughout all those years, the association’s charitable status has been reviewed repeatedly without any objections, on the basis of activity reports. Now, however, engaging in advocacy for the recognition of sex work as work has suddenly cost Doña Carmen its charitable status. This is, without a doubt, political despotism.
Timing is not coincidental
It is no coincidence that this derecognition of the charitable status happened at the very time when plans are made for a “Prostitutes Protection Law”, one of the most repressive legislative proposals against sex workers in German history. The federal government currently prepares to adopt a law, which would include the forced registration of sex workers, a measure last in place under the Nazis. In light of these circumstances, it’s nothing short of brazen to demand from counselling centres like Doña Carmen political “neutrality”. It’s probably not a coincidence either that those who have decisively campaigned for the rights of sex workers are targeted first.
Attack on sex workers’ rights
But mind you: the attack on counselling centres is actually one on sex workers. They are the target. Not only are their rights supposed to be eroded, but also their opportunity to access practical support. Therefore, the termination of the political consensus with regards to counselling centres will not be without effect for sex workers. In light of this reactionary development, the rights of sex workers have to be defended even more decisively and more specifically. Doña Carmen will continue to do so in the future. Authorities like the Frankfurt tax office will not bring us to our knees!
Request for donations
Doña Carmen is also in need of financial support and solidarity, however. We ask all those who value our work and commitment for donations, since our own resources won’t suffice to stem the costs for the pending litigation to regain the charitable status at the fiscal court.
Please note: Donations to Doña Carmen e.V. are currently not tax-deductible due to our officially certified advocacy “for political interests of prostitutes”, especially for the “recognition of sex work as work”. However, you can certainly receive written proof of your donation. For details on how to donate or contact us, please click here.
A PDF document containing a detailed analysis of the reasons given by the Frankfurt tax authorities for the derecognition of Doña Carmen’s charitable status can be downloaded on Doña Carmen’s website. This resource is in German.
Translation by Matthias Lehmann. Every effort has been made to translate this article verbatim. As a result, the wording may appear unusual on some occasions. Photo by Image Party (Creative Commons 0 License). Text superimposed.
German original by Nadja Hermann. Translation by Matthias Lehmann. Posted with kind permission.
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.
Quotes from the Greens‘ position paper
“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.”
“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.”
“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.”
“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.”
“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.
Before 1958, Italian law once stipulated that shutters of brothels had to
remain closed at all times, hence the name “case chiuse” or “closed houses”.
Clicca qui per la versione italiana di “Intervista a Sonia, sex worker in Germania”. Please note that the copyright for this article lies with Abbatto i Muri, where this interview was first published, and is not licensed under a Creative Commons License.
About this interview
Sonia is 33 years old and lives in Germany. She has been a sex worker for six years and she tells us – via Skype – what she thinks about the abolitionist trend that currently pushes Europe towards criminalising sex workers’ clients and further marginalising sex workers.
Sonia, first of all, how and why did you start sex work? Did you do it by choice or were you forced to do it?
I arrived here after trying to find work using my degree. I was unemployed, doing precarious jobs, like many others. Then I moved abroad and decided to work to be economically independent. I had different jobs but I could not quite make ends meet. I began to work as a prostitute by choice. For me, it’s a job like any other, and I can earn more money. I met a woman who did this and she gave me some tips. I was never forced to do anything.
Do you mind talking about your clients? Are they violent? How do you feel when you sell sexual services?
Violent? (laughs) Where I work the violent ones are kicked out on their asses. The good part of working without having to hide is precisely that. You can work at a place with better safeguards and you can count on others’ solidarity. How do I feel? Good. It’s my job. I often have fun. Sometimes I get bored, and only a few times I felt annoyed, and with those clients I haven’t worked anymore.
Are there also men or trans* people in your work environment?
Yes, of course. There is less demand for men, but trans* people are doing fine.
Do you plan on doing this job forever?
Forever? (laughs) Nothing is forever. I can stop working tomorrow or twenty years from now. It depends. Do you know if you are going to do what you are doing now for the rest of your life?
Ok, let’s move on from these stupid questions, because I wanted to ask you about traumata and things like those but it looks like you have other things to talk about.
Oh, please. If you want me to play the part of a martyr, you have to pay me at least (laughs).
Why did you go to Germany to work as a sex worker?
Because it’s not possible in Italy. Until they regulate the profession, many Italians are going to move to Switzerland, Germany, or the Netherlands. It is too difficult in Italy. Escorts and those who work at apartments can manage to live well, but the law is aimed at making you rot on the streets, exploited by pimps.
Do you think regulation would improve your colleagues’ lives?
Of course. Think about the foreigners who will get a residency permit with a work contract. If they erased the criminal offence of abetting [prostitution], you are no longer going to rent an apartment in secret at very high costs. You could pay taxes. You could do everything in plain sight. You would no longer need a pimp to be ‘protected’ because if you work in a protected environment with your colleagues, violent clients cannot harm you.
“Vous plaît-elle?” (Do you like her?)
Painting by French painter Hermann Vogel
What do you think about the abolitionist wind from northern Europe that is influencing Italy too?
First, Italy had state-regulated brothels – the worst – and after that, the law has always been abolitionist. The Merlin Law* is abolitionist as well. In northern Europe, we have SWERFs [sex worker-exclusionary radical feminists] that are fighting a war. We are back in the puritan era. Sweden, which is a racist country with a lot of Nazi roots, is affecting other nations’ policies towards a morality that is misogynous, patriarchal, and sexophobe. In the Netherlands, they are talking about closing the windows. In Germany, they are discussing a law to register us and inspect us with a magnifying glass to see if we are infected. They’re not interested in our working conditions. What matters to them is protecting society from us whores.
In Italy, they say that regulation is useless because the German model, demanded by sex workers, has failed. Is that true?
Bullshit. In Germany, where regulation exists and where locals and prostitutes stick with it, it works. The fact is that most places in Germany did not apply the law because puritans have boycotted it. The philosophy of some authorities is one where they sleep better knowing there are whores on the streets in the hands of pimps, so that they can tell the tales of victims of exploitation, which is so useful to create statistics for organisations fighting human trafficking.
Are you saying that human trafficking or exploitation do not exist?
Not at all. I’m saying that in some places there certainly are exploitative conditions. Do all companies in Italy comply with the law? Isn’t there anyone taking bribes or failing to pay their contributions? Here it’s the same. Some do not pay taxes and do not follow the rules. Then there are women on the streets, and given that regulation has been boycotted in many places in Germany, they remain in the hands of pimps.
How do you think the problem of exploitation can be solved?
Through regulations. Enabling women to come out of the hiding. Even more so, if they come from abroad and are threatened by laws that want to push them back to their home countries unless they have jobs.
Are you aware that abolitionists deliberately conflate human trafficking with sex work? What do you think about that?
I think that’s terrible. What some of them write on Twitter or Facebook is repulsive. They are fanatics who are full of spite and don’t allow us to speak about what we do for a living. There are really few feminists like you who let us speak. Human trafficking is a problem we want to address. But that has nothing to do with those who, like me, chose this job. Anyone saying they are the same thing is telling lies.
Why do you think they’re doing that?
Don’t you think it’s obvious? Because they do not care about the fact that I want to be a prostitute and that I am not exploited by anyone. Prostitution is violence, they say, and all clients are rapists. They are so busy saving us that they have forgotten to ask what we think about that and what means we want to use to save ourselves.
What would you like to say to these women?
First, I’d say that I’m sorry they are ignoring what I think. I’m sorry that they are playing us off against one another, those prostitutes who do it by choice and those who are being exploited, as if I was denying their suffering. It’s a cruel and violent game, because I feel that any prostitute who is a victim of exploitation is like a sister of mine. I would like to talk with her, and not with those who exploit her to enforce an opinion that has nothing to do with us.
Have you ever known an exploited prostitute?
Of course. Do you think that if I saw one I would turn my back on her? I hosted many in my house, especially foreigners, who were persecuted by police due to the immigration laws. Instead of protecting them, they wanted to send them back like parcels in human skin with an expiry date on them. I have known many, I understand them, and many have told me that they need a contract to stay and to get rid of their pimps. If Germany or Sweden or other countries do not want to regulate [sex work], do you really think they worry about saving women? In my view, those who “worry” the most are the racist ones. Do you know how many women could get a residence permit if prostitution wasn’t criminalized? As a matter of fact, racists are the ones who push for abolitionism and Nazi-style registration of prostitutes. There’s not going to be a happy ending for those who don’t belong to the race they like.
As a matter of fact, in Italy, so-called trafficking victims sometimes end up at one of the Centres for Identification and Deportation (Centro di identificazione ed espulsione, CIE).
Sonia, what else would you like to tell me? Something that comes to your mind and you want the little world that reads this blog to know?
A hug to the sisters and colleagues who work in Italy and have to endure a lot of difficulties. Fight for me as well, and if you manage to achieve something, who knows, I might come back to Italy soon.
* The Legge Merlin (Merlin Law, named after its main author, socialist MP Lina Merlin) became effective on September 20th, 1958. This law, still in force today with little change, revoked the previous regulatory system, prohibited brothels, and introduced “exploitation of prostitution” as a new criminal offence with the aim to punish pimping.
In Italy, “indoor sex work is prohibited though in practice, private apartments with only one sex worker are ‘tolerated’. The state seeks to prohibit or drastically re duce street prostitution. Soliciting is subject to a fine and is defined by law as ‘unabashedly inviting clients on the street’. It does not, however, prohibit loitering whilst awaiting clients on the street. The Domestic Security package of June 2008 invests mayors with the judicial power to declare anything that might endanger the security and decorum of the cities an emergency. For this reason, sex workers and their clients have been subject to special ordinances that allow municipal police to administer fines. In addition, the Public Security Law enables the local chief constable to impose and enforce a mandatory expulsion of persons from a city in which they do not officially reside. Currently, EU citizens who violate this ordinance are fined, while non-EU citizens, especially from African countries, are put in temporary detention/identification centres and, in accordance with the laws on immigration, are subsequently deported. … Migrants who hold a regular work or residence permit may engage in sex work. However, it is not a rare occurrence that the police revoke residence permits and begin deportation procedures for persons working in sex work.”
Source: TAMPEP International Foundation (European Network for HIV/STI Prevention and Health Promotion among Migrant Sex Workers), Main coordinator: Licia Brussa “A report on the intersections of legislations and policies regarding sex work, migration and health in Europe” pp. 19,34
Translation by Michela Cicco. Edited by Michela, Giulia and Matthias Lehmann. I would like to thank Eretica Whitebread for her permission to re-blog this interview and Michela and Giulia for translating and co-editing the English version.
Sex workers and allies protest against the planned ‘Prostitutes Protection Law’ at the International Women’s Day demo in Berlin. Photos published with kind permission by Susi Wilp (@hauptstadtdiva) and Friederike Strack. All Rights Reserved.
“Your protection is oppression” – Further details about Germany’s looming Prostitutes Protection Law
“Your protection is oppression” – In August 2014, sex workers protested in Nuremberg, Bavaria, as Family Minister Manuela Schwesig, chief proponent of toughening Germany’s prostitution law, visited a counselling centre for sex workers. | Photo: Voice4Sexworkers
About this text
The below is a translation of an agreement of Germany’s ruling coalition of Christian Democrats and Social Democrats, which sets out additions to the agreed upon key issues paper from August 2014 for a “Prostitutes Protection Law” (ProstSchG), which would supplement the German Prostitution Act of 2002 (ProstG).
Translation by Matthias Lehmann. Research Project Germany. Every effort has been made to translate the legal terms in such a way, that the translation remained virtually verbatim while also being intelligible. Squared parentheses in the text include additional clarifications and comments. Click here to download the original version of the document in German. Any questions, comments or suggested edits are welcome.
Agreement of the Coalition Factions about the Prostitutes Protection Law
Status: February 3rd, 2015
The following regulations will be added to the individual mandatory registration for all prostitutes:
- Producing evidence of a medical consultation at a public health service shall be a precondition for the issuance of the document confirming a prostitute’s registration. It shall be examined if the issuance of said evidence may also be arranged through resident doctors for general medicine, internal medicine and gynaecology.
- Registrations must be renewed every two years. Proof of registration must be produced during controls conducted by the authorities.
- Proof of medical consultations, as listed under 1., must be presented every 12 months, otherwise the registration becomes void.
- Brothel operators are obligated to have proof of the medical consultations of prostitutes working on their premises on file.
- It shall be examined how and at what costs access to social counselling at counselling centres can be improved.
- The registration is especially intended to protect women [engaged in prostitution]. Registrations shall be granted at the appropriate authorities. Applicants must appear in person. It shall be examined whether and to what degree a personal appearance at an officially designated counselling centre may replace appearing in person at public authorities, provided that any misuse can be ruled out.
- To satisfy the particular need for protection of under 21-year-olds engaged in prostitution and to improve their access to counselling and support programmes, the Prostitutes Protection Law shall include specific provisions.
- Prostitutes under the age of 21 must renew their registrations annually and the proof of medical consultation must be presented every 6 months.
- Should there be any indication during the registration process that a person does not possess the capacity of discernment necessary for her protection or that third persons are exploiting her, the responsible authorities shall take the required measures to ensure the protection of that person. In addition, the certificate of registration may be denied if there are any indications of human trafficking or forced prostitution, in accordance with already existing criminal law provisions.
Further agreed items:
- The mandatory use of condoms will be introduced. Clients shall be penalised for violations [Ordnungswidrigkeit; misdemeanour, administrative offence). Brothel operators are obligated to make condoms available. In the event of a breach of the mandatory condom regulation, those engaged in prostitution [i.e. sex workers] shall not be held legally accountable.
- The limited right of direction [Weisungsrecht] of prostitutes shall be further specified from the perspective of self-determination through an amendment of the Prostitution Law.
A law to protect society from an imaginary evil – Includes a full translation of the Key Issues Paper for a Law to Protect Those Working in Prostitution (Prostitutes Protection Law, ProstSchG)
Please click here for a statement by German sex worker organisation BesD [German language only].
Prostitution: Beyond an infantilising feminism – By Criminal Law Professor Dr. Monika Frommel
“Moralising Law”: Reform Proposals for the German Prostitution Act – Interview with Fabienne Freymadl, Political Spokeswoman for the Professional Organisation for Erotic and Sexual Services (Berufsverband erotische und sexuelle Dienstleistungen, BesD)
“There are already trade laws in place to take action against exploitation” – Interview with Theo from sex worker association Hydra e.V.
Lies & Truths about the German Prostitution Act – An Introduction for the Uninitiated