Prostitution in Belgium

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Prostitution in Belgium is legal but certain related activities such as soliciting and pimping are illegal.[1][2] Belgian municipalities may also introduce further prohibition or regulation.[2] Human trafficking or exploiting individuals involved in prostitution is punishable by a maximum prison sentence of 30 years.[3]

Most Belgian cities have a red-light district, often with window prostitution.[4] In 2015 it was estimated that there were 26,000 prostitutes in Belgium,[5] many of them are from Bulgaria.[6]

A report commissioned by the National Bank of Belgium,[7] estimated a turnover of 840 million Euro in 2015.[8] The most important segments of the market seem to be escort and private prostitution, rather than the more visible forms of window or street prostitution.

Legal Framework[edit]

Prior to 1946 prostitution was regulated by the municipalities,[2] with mandatory registration and medical checks.[9] 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[2]

Prostitution and paying for sexual services were not prohibited in the 1946 legislation, but Article 380 added the following offences:[2]

  • 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:[2][4]

  • 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.[3] It also brought Belgium law in line with EU and international instruments that had been introduced in the previous years.[10]

Proposed reforms[edit]

There have been a number of draft bills proposing changes to the existing prostitution laws. Proposals from the pro-prostitution camp have included licensing brothels and giving special status within the law to sex-workers. The anti-prostitution lobby proposals have included the banning of windows and criminalisation of paying for sexual services (Nordic Model).

As the legislature has been split over its views, none of the bills have succeeded.[2]

Local control[edit]

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.[2]

In the 2000s the municipalities took different approaches to regulation. Some, such as Liege and Ghent, banned window prostitution[11] or moved it out of its traditional locations in the city centres.[2] Others, such as Antwerp totally restructured its red-light district and heavily regulated it.[2][12] Seraing is planning to build a new 'Eros Centre' to replace the existing windows.[2][13][14]

History[edit]

Prostitution was known to exist in what is now Belgium since the middle ages.[15] Regulation of prostitutes was introduced during the Burgundian regime (1384–1482) but often ignored.[9][16] In Brussels, the public executioner was tasked with controlling the trade in the city.[9]

During the French regime (1794–1814) prostitutes were required to have mandatory health checks in hospitals.[9] After the Belgian Revolution brought about independence in 1830, the regulations set up by the French continued.[16] In 1844 identity cards were issued to prostitutes and twice weekly medical check-ups were required.[9]

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[15] with promises of work in bars and nightclubs.[9] As well as those involved being prosecuted, the Mayor and Head of Police in Brussels were forced to resign.[15]

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 girls forced to undergo regular health checks.[15]

The regulatory regime was regarded as discriminatory towards women in the 1940s,[9] leading to Isabelle Blume's proposals being passed as federal law in 1946.[15]

Sex Trafficking[edit]

Belgium is listed by the UNODC as a destination for victims of human trafficking,[17] the victims being mainly Moroccan, Romanian, Chinese, Nigerian, Bulgarian and Tunisian nationals.[10]

The efforts by the Belgium authorities to eradicate trafficking was cited by UN Special Rapporteur Urmila Bhoola as "an example of good practice" in 2015[18]

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.[17] In 2017 there were 176 sex traffickers prosecuted and 59 victims assisted.[19]

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Belgium as a 'Tier 1' country.[19]

See also[edit]

References[edit]

  1. ^ "Country Report on Human Rights Practices in Belgium". State.gov. 2008-03-11. Retrieved 2010-03-31.
  2. ^ a b c d e f g h i j k Reinschmidt, Lena (June 2016). "Prostitution in Belgium: federal legislation and regulation at the local level" (PDF). Observatory for Sociopolitical Developments in Europe. Retrieved 11 November 2016.
  3. ^ a b "Trafficking in Persons Report 2010". U.S. Department of State. 14 June 2010. Retrieved 11 November 2017.
  4. ^ a b "The Situation in Belgium". Exeter University. Retrieved 11 November 2017.
  5. ^ Johansson, Sarah (15 May 2015). "Prostitution on the rise in Belgium". Brussels Times. Retrieved 11 November 2017.
  6. ^ Petrunov, Georgi (2009). Sex trafficking and money laundering: the case of Bulgaria (PDF). Risk Monitor. p. 16.
  7. ^ National Bank of Belgium. "A new measure of the economic importance of prostitution in Belgium" (PDF). Retrieved 3 December 2015.
  8. ^ "A direct measure of output in prostitution in Belgium". doi:10.13140/rg.2.1.4868.6807.
  9. ^ a b c d e f g State, Paul F. (27 July 2004). Historical Dictionary of Brussels. Scarecrow Press. ISBN 978-0810850750.
  10. ^ a b "Belgium - 2. INSTITUTIONAL AND LEGAL FRAMEWORK". TOGETHER AGAINST TRAFFICKING IN HUMAN BEINGS. European Commission. Retrieved 12 November 2017.
  11. ^ "Prostitution à Liège: elles tapinent pour payer leur loyer". Sud Info (in French). 19 March 2015. Retrieved 29 October 2017.
  12. ^ "Antwerp's Red Light District". Amsterdam Red Light District Maps, Photos, Hotels, Videos. Retrieved 29 October 2017.
  13. ^ "Seraing prostitution". RTE Tele Liege. 18 March 2011. Retrieved 29 October 2017.
  14. ^ "Eros Center". Seraing. 17 February 2015. Retrieved 29 October 2017.
  15. ^ a b c d e Kinsie, Paul (2017). Trafficking in Women (1924-1926) The Paul Kinsie Reports for the League of Nations - Vol. 1. United Nations. pp. 33–36. ISBN 9789210601559.
  16. ^ a b Kinsie, Paul (2017). Trafficking in Women (1924-1926) The Paul Kinsie Reports for the League of Nations - Vol. 1. United Nations. pp. 13–18. ISBN 9789210601559.
  17. ^ a b "2017 Trafficking in Persons Report". United Nations Office on Drugs and Crime. Retrieved 12 November 2017.
  18. ^ "UN Special Rapporteur praises Belgium's approach to tackling modern slavery". United Nations Regional Information Centre for Western Europe. 26 February 2015. Retrieved 12 November 2017.
  19. ^ a b "Belgium 2018 Trafficking in Persons Report". U.S. Department of State. Retrieved 26 July 2018. This article incorporates text from this source, which is in the public domain.