December 4, 2024 - 10:00am

Belgium, long notorious for a series of child abuse cases, has now become a somewhat surprising pioneer of “progressive prostitution”. A new law, which came into effect on Sunday, has pulled pimps from the shadows, giving them the status of legitimate employers. In principle, women — and some men — who sell sex full-time in brothels are now entitled to contracts offering maternity pay, sick leave and pensions.

The legislation has been welcomed by organisations including Human Rights Watch (HRW). “This is radical, and it’s the best step we have seen anywhere in the world so far,” HRW researcher Erin Kilbride told the BBC. “We need every country to be moving in that direction.”

Despite the decriminalisation of prostitution in Belgium in 2022, conditions have remained grim for many in the country’s brothels. In the same BBC piece, Sophie, a mother of five, recalled that before the recent reform, “I had to work while nine months pregnant […] I couldn’t afford to stop because I needed the money.”

For her and many others, the right to rest and receive pay during maternity leave is life-changing. But what remains unsaid is revealing. Absent from her words is any judgement of men who would pay a broke and heavily pregnant woman for sex she didn’t want. Arguably, in a society in which selling sex is simply a job, criticism of a buyer’s habits puts your livelihood — and perhaps your life — at risk.

For those who have no moral qualms about selling sex, the new law makes sense: it mandates basic hygiene standards, checks on pimps and panic buttons in rooms where sex is sold. But it’s also clearly an attempt to sanitise prostitution. Whether this is possible, or desirable, remains a moot point.

While Sophie might make a good interviewee, she is unlikely to be representative of most who sell sex. Estimates suggest around 70% of women and girls in prostitution across Europe are migrants, a group far less likely to quibble about employment contracts or indeed to rally under the slogan “sex work is work.” Will a Ukrainian woman really be in a position to refuse a sex act without risking either her income, a bad review on Punternet, or violence?

The legal sex industry generates billions for some countries. In Germany, where prostitution is fully legalised, over a million men visit brothels every day, and the country has more prostitutes per capita than anywhere else in Europe. Mega-brothels are now a feature of German cities. Yet estimates suggest only 44 out of an estimated 400,000-1,000,000 prostituted people have chosen to register as prostitutes in order to access benefits.

German feminist campaigner and presenter of the Red Light Exposé podcast Elly Arrow told me the pro-prostitution lobby is looking to Belgium to be “the figurehead of the movement to decriminalise pimping” as negative headlines on the outcomes of legal prostitution in Germany and New Zealand pile up.

“Whether in Central Europe or elsewhere, there simply hasn’t been a widespread adoption of full employment contracts and the workplace hazards of prostitution still include robbery, rape and homicide,” she said. “Meanwhile the much narrowed definition of what now constitutes a trafficker means prosecutions are all that much harder.”

NGOs including Amnesty International and UNAIDS have promoted decriminalisation as the humane, progressive option. These powerful groups could ensure that the ripples from Belgium’s new law are felt across the continent.

Ultimately, the sex industry is built on lies. Just as the middle-aged trucker who pays a foreign teenager for sex chooses to believe she loves her work, NGOs and governments have swallowed the idea that prostitution can be made safe. All of those who voted for the law would do well to ask themselves: if sex work is a job like any other, would you do it?


Josephine Bartosch is assistant editor at The Critic and co-author of the forthcoming book Pornocracy.

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