Meeting in Brussels on Friday 26 January for an informal ministerial meeting, the European justice ministers discussed the rights and working conditions of sex workers over lunch.
And for good reason – as the Belgian Presidency of the EU Council has pointed out, sex work, which is illegal in many EU countries, often deprives these workers of essential social rights and adequate access to healthcare and justice. Belgium, as the second country in the world to decriminalise sex work, has set itself up as a model in this debate.
For the Presidency of the Council, decriminalisation allows sex workers to exercise their profession independently, while retaining severe penalties for trafficking in human beings and the abuse of prostitution. A legal framework for sex workers’ employment contracts is currently being drawn up in Belgium.
In his speech at the press conference, Belgium’s Federal Minister of Justice, Paul Van Tigchelt, emphasised the complexity of the subject, acknowledging the diversity of perspectives in Europe. Nevertheless, common ground was found on the need to take account of human rights and self-determination in this area. The Minister also spoke of the interest and enthusiasm of his European partners in sharing best practice and working together on this sensitive issue.
It has to be said that the Union’s powers in this area are limited, and the report by Maria Noichl (S&D, German), which was debated in the European Parliament in September (see EUROPE 13250/20), reflects this complexity.
This non-binding text advocates programmes for exiting prostitution, the decriminalisation of sex workers and awareness-raising campaigns; the proposal to criminalise clients in order to reduce demand is not unanimously supported. Adopted with 234 votes in favour, but with 122 abstentions and 175 votes against, Maria Noichl’s proposal clearly illustrates the differences of opinion within the European Parliament, transcending the usual political divisions over sex work.
While for some, this activity is seen as a personal choice on the part of sex workers, others, like the reporter, see it as intrinsically linked to the exploitation and trafficking of human beings (see EUROPE 13246/15). (Original version in French by Nithya Paquiry)