In Germany, the Prostitutes Protection Act (ProstSchG), enacted in 2016, aimed to regulate the sex industry and improve worker protections. However, nearly nine years post-implementation, the law is a source of heated debate. Proponents argue it enhances safety for sex workers, while opponents claim it reinforces stigma and increases government surveillance.
A notable feature of the ProstSchG requires sex workers to register with the Ordnungsamt and possess a certificate known as the ‘whore ID’ or ‘Hurenpass’. Intended to provide access to legal protections and combat trafficking, many sex workers contend that this identification merely exposes them to greater societal stigma and mandatory health counselling visits.
“As sex workers, we are adversely affected by these policies”, states Lilli Erdbeermund, an advocate for sex worker rights. She describes carrying the ‘whore ID’ as more of a risk than a safeguard, echoing widespread concern over the identification’s potential to out individuals and further marginalise their existence.
The ProstSchG also enables police to inspect registered sex workers’ private residences, compromising their right to privacy. The peer-to-peer network Trans*Sexworks critiques the law as one that enforces control over protection, arguing that it makes sex workers feel compelled to operate outside the system, leading to insecure working environments.
Unregistered workers face a double burden, as migrant and vulnerable workers are pushed into illicit working conditions, heightening obstacles in accessing rights and protections. This precariousness is exacerbated by regulations that cast sex workers as suspicious individuals needing control, rather than acknowledging their work as legitimate and requiring protective measures.
Advocacy groups argue for decriminalisation instead of regulation. “Decriminalisation would abolish laws that specifically target sex workers, providing sensible measures for health and safety,” Erdbeermund urges, highlighting successful models in New Zealand and Belgium, where new laws enhance workers’ rights significantly compared to Germany’s existing framework.
Potential reforms for Germany include eliminating mandatory identification, enhancing anti-discrimination laws, and ensuring better access to healthcare and financial services, especially outside urban centres like Berlin. Alex from SWAG points out that while Berlin has a robust infrastructure, the situation deteriorates in many regions.
Despite their experiences and insights, sex workers often lack representation in legislative discussions. “Nothing about us without us” has become a rallying cry, emphasising the need for their voices in policy-making. To address this, SWAG and Trans*Sexworks organise workshops for sex workers to share their concerns and propose legislative changes directly.
As for political party stances, the issue remains divisive. The SPD is internally conflicted, the CDU/CSU endorses punitive measures against the purchase of sex, while the Greens, FDP, and Die Linke advocate for the rights and decriminalisation of sex work. This complicated political landscape reflects the broader societal struggle to balance protection with stigma mitigation.
Germany’s Prostitutes Protection Act, introduced in 2016, remains controversial nearly nine years later. The law mandates sex workers to register and carry a ‘whore ID,’ raising concerns about increased stigma. Advocacy groups call for decriminalisation to protect workers while highlighting political party responses to the ongoing debate.
The discussion surrounding Germany’s ProstSchG reveals deep-seated tensions between safety and stigma in the sex work industry. While advocates push for decriminalisation to remove harmful regulations like mandatory IDs, ongoing dialogues in political spheres signal a pivotal moment for reform. Efforts to include sex workers in legislative conversations may lead to more inclusive policies that truly serve and protect their rights.
Original Source: www.the-berliner.com
