Prostitution in Belgium

Legal framework

Prior to 1946, prostitution was regulated by the municipalities, with mandatory registration and medical checks. In 1946, Federal legislation replaced local control of prostitution; however, the municipalities could still regulate in their local area for the sake of public order or morality.

Prostitution and paying for sexual services were not prohibited in the 1946 legislation, but Article 380 added the following offences:

• Procuring;
• Procuring through the provision of premises (running a brothel, providing premises for prostitution etc.) for unjust gain;
• Aggravated pimping (violence, threats, deception or exploitation of a vulnerable situation);
• Solicitation;
• Advertising for the purposes of prostitution.

The 1995 Criminal Law Reform Act made some modification to the existing laws:

• Prohibition of soliciting was extended to include all forms of communication;
• Legislation in connection with procuring was relaxed, providing abnormally high gains are not made (although "abnormally high gains" is not defined);
• Increase in penalties for human trafficking;
• Powers given to the courts to close premises and confiscate property.

In 2005, the 1995 Act was amended to give greater power against human trafficking, including an increase in maximum sentences. The 1995 Act also brought the Belgian law in line with the European Union law and international instruments that had been introduced in the previous years.

On 1 June 2022, sex work was decriminalized in Belgium.

Proposed reforms

Before the decriminalisation of prostitution in 2022, there were a number of draft bills proposing changes to the previous prostitution laws. Proposals from the pro-prostitution camp included licensing brothels and giving special status within the law to sex-workers. The anti-prostitution camp proposals included the banning of window prostitution and criminalisation of paying for sexual services (as stated in the Nordic Model).

Decriminalisation

A law passed in March 2022 by the Federal Parliament decriminalised sex work and third parties who make sex work possible (for example accountants, banks and "chauffeurs"). It also allowed some advertising by sex workers. This law came into effect on 1 June 2022. The new law also gives sex workers' rights in terms of status, social protection, and healthcare, like other self-employed workers. The new law included (but was not limited to): social security, unemployment, access to health care and parental leave.

Employment rights

Belgium enacted a labour law in December 2024 granting sex workers the same social rights as other employees, including the ability to sign employment contracts and access social security benefits. Employers must undergo a criminal background check and obtain a license to hire sex workers legally.

While the law aims to decriminalize specific aspects of the industry and provide protections, it has faced criticism for potentially benefiting pimps and traffickers and not adequately supporting migrant sex workers and victims of human trafficking.

Local control

Municipalities can impose local regulation on public order or morality grounds. Generally, these powers were little used until the 2000s, most preferring an "unregulated tolerance" approach.

In the 2000s the municipalities took different approaches to regulation. Some, such as Liège and Ghent, banned window prostitution or moved it out of its traditional locations in the city centres. Others, such as Antwerp, totally restructured its red-light district and heavily regulated it.

History

Prostitution was known to exist in what is now Belgium since the Middle Ages. Regulation of prostitutes was introduced during the Burgundian regime (1384–1482) but often ignored. In Brussels, the public executioner was tasked with controlling the trade in the city.

During the French regime (1794–1814) prostitutes were required to undergo mandatory health checks in hospitals. After the Belgian Revolution brought about independence in 1830, the Regulation System set up by the French continued. In 1844, identity cards were issued to prostitutes and twice weekly medical check-ups were required.

The "White Slave Scandal" ("affaire des petite Anglaises") in 1880/1881 brought prostitution in Brussels into the spotlight. Over 40 minors, mainly English girls, were found to be working in brothels after being lured to Brussels with promises of work in bars and nightclubs. As well as those involved being prosecuted, the Mayor and Head of Police in Brussels were forced to resign.

During WW1, the occupying Germans took over control of prostitution. In an attempt to prevent the spread of STIs amongst their troops, the trade was strictly regulated and women forced to undergo regular health checks.

The regulatory regime was regarded as discriminatory towards women in the 1940s, leading to Isabelle Blume's proposals being passed as federal law in 1946.

Sex trafficking

Belgium is listed by the UNODC as a destination for victims of human trafficking, the victims being mainly Moroccan, Romanian, Chinese, Nigerian, Bulgarian and Tunisian nationals.

The efforts by the Belgian authorities to eradicate trafficking was cited by United Nations special rapporteur Urmila Bhoola as "an example of good practice" in 2015.

In 2016, 184 people were prosecuted for sex trafficking and 144 victims of trafficking were assisted. The victims are given help in specialised NGO-run shelters, and when they leave the shelters they are given protection, residence and employment permits and access to legal services. In 2017 there were 176 sex traffickers prosecuted and 59 victims assisted.

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Belgium as a 'Tier 1' country.

References

References

1. Stroobants, Jean-Pierre. (2 June 2022). "Belgium decriminalizes sex work". Le Monde.
2. "LOI - WET".
3. Redactieteam-elfri.be. "Decriminalisering prostitutie".
4. Times, The Brussels. "'Historic': Belgium first in Europe to decriminalise sex work".
5. (14 June 2010). "Trafficking in Persons Report 2010". [[U.S. Department of State]].
6. Johansson, Sarah. (15 May 2015). "Prostitution on the rise in Belgium".
7. Petrunov, Georgi. (2009). "Sex trafficking and money laundering: the case of Bulgaria". Risk Monitor.
8. National Bank of Belgium. "A new measure of the economic importance of prostitution in Belgium".
9. (2015). "A direct measure of output in prostitution in Belgium".
10. (3 December 2024). "Belgium Makes History: New Law Grants Sex Workers Unemployment Benefits, Leave, and Pensions".
11. Reinschmidt, Lena. (June 2016). "Prostitution in Belgium: federal legislation and regulation at the local level". Observatory for Sociopolitical Developments in Europe.
12. State, Paul F.. (27 July 2004). "Historical Dictionary of Brussels". [[Scarecrow Press]].
13. "The Situation in Belgium". Exeter University.
14. (7 July 2014). "Belgium - 2. Institutional and Legal Framework". [[European Commission]].
15. (2022-06-02). "Wet decriminalisering sekswerk vanaf 1 juni in voege: "Dit is een overwinning voor de mensenrechten"".
16. (2022-03-18). "'Historic': Belgium first in Europe to decriminalise sex work".
17. Korczak, Dimitri. (21 June 2024). "Belgien führt Arbeitsverträge für Prostituierte ein".
18. Bettiza, Sofia. (1 December 2024). "Belgium's sex workers get maternity leave and pensions under world-first law".
19. (19 March 2015). "Prostitution à Liège: elles tapinent pour payer leur loyer".
20. "Antwerp's Red Light District".
21. Kinsie, Paul. (2017). "Trafficking in Women (1924-1926) The Paul Kinsie Reports for the League of Nations - Vol. 1". [[United Nations]].
22. Kinsie, Paul. (2017). "Trafficking in Women (1924-1926) The Paul Kinsie Reports for the League of Nations - Vol. 1". [[United Nations]].
23. "2017 Trafficking in Persons Report". [[United Nations Office on Drugs and Crime]].
24. (26 February 2015). "UN Special Rapporteur praises Belgium's approach to tackling modern slavery". United Nations Regional Information Centre for Western Europe.
25. "Belgium 2018 Trafficking in Persons Report".