In Germany, the debate on prostitution has flared up with new force. It was sparked by the Speaker of the Bundestag, Julia Klöckner (CDU), who during a public event called Germany "the brothel of Europe". She insists on a ban on prostitution and paid sex. According to Klöckner, women practicing this profession in the country are not sufficiently protected.
Health Minister Nina Warken (CDU) has called for a ban on the purchase of sex in Germany and penalties for clients. According to her, there should be no penalties for prostitutes. They need something else – of comprehensive help to leave this profession.
What is the legal framework in Germany?
According to current legislation, prostitution is permitted in Germany. With the entry into force of the Prostitution Act in 2002, sex is no longer considered "immoral", but a legal service for which prostitutes are legally entitled to the agreed remuneration.
In 2017, the Prostitution Protection Act was also passed with the aim of further improving the legal and social situation of sex workers. Persons engaged in prostitution must register their activities with the authorities, and brothels must obtain the appropriate permit. And it can only be issued if they meet certain minimum safety, hygiene and equipment requirements.
What are the criticisms of the current regulations?
The legalization of prostitution has not led to a decrease in crime, but on the contrary: according to the annual report of the Federal Criminal Police Office, human trafficking and forced prostitution have increased.
The Federal Statistical Office in Germany reports 32,300 registered sex workers, of which only 5,600 are German citizens (as of the end of 2024). Every third prostitute is from Romania (11,500), and a total of 3,400 are from Bulgaria. However, experts estimate that the number of unregistered women selling their bodies is between 200,000 and 400,000, with some sources even talking about up to one million prostitutes in Germany.
Foreigners with insufficient knowledge of German make up the largest part of them. Since they know almost nothing about their rights, they have virtually no access to existing health and social services. The majority of these women are involved in prostitution against their will - they were forced into it by poverty or pimps.
Critics of the current legislation claim that the legalization of prostitution in Germany has led to an explosion in the country's sex market: competition has increased significantly and prices have fallen. This attracts more and more clients who even resort to sexual violence.
What is the "Scandinavian model" and where is it applied?
Against this background, Julia Klöckner and Nina Warken have called for the introduction of the so-called "Scandinavian model". In fact, the debate about whether such regulation is reasonable or not in Germany has been going on for years.
The "Scandinavian model" is so called because it was first introduced in 1999 in Sweden, and in 2009 in Norway. It was later adopted by a number of other countries - Iceland, Canada, France, Ireland and Israel. Paid sex is prohibited there - the purchase of sexual services and their organized mediation - but not their direct offering. Prostitutes are offered support and the opportunity to leave this industry. In other words: the law prosecutes clients and pimps, but not prostitutes. Usually, clients are punished with fines, and in Sweden, in the most serious cases, the punishment can be imprisonment for up to a year. Norway also prosecutes its citizens for buying sexual services abroad.
"For" and "Against" this model
Critics of the model consider prostitution (voluntary) to be "normal" work: they want to strengthen the rights of prostitutes so that they can practice their profession of choice. This is also a way to combat forced prostitution and the stigmatization of this profession, they are convinced. According to critics, criminalizing prostitution will only strengthen the illegal provision of sex services.
Supporters of the "Scandinavian model" say that even today, most prostitution is already carried out secretly. According to them, if buyers of sex services were punished, this would lead to a decline in prostitution in general.
It is no coincidence that in countries that have implemented the "Nordic Model", the number of prostitutes and their clients has decreased significantly. A recently published study by the University of Tübingen concluded that the introduction of the model "contributes to an objective, visible reduction in the number of victims of human trafficking in the long term".
Is the law alone not enough?
However, the introduction of such a law alone is not enough to improve the situation of women who are forced into prostitution, warns the "Nordic Model" Federal Union.
Comprehensive support for exiting the industry and a significant strengthening of the rights of victims are needed. According to the organization, those affected should be able to rely on comprehensive social support to afford, for example, their own housing, education and psychological support. Prevention tools are also important, as is the consistent prosecution of pimping and human trafficking to reduce the prostitution market as a whole.
Author: Thomas Lachan