Controversy over Germany's 'Prostitute ID': Label or protection for sex workers?
Rebellious Ruminations: The Prostitution Protection Act and Its Controversial Winds in Germany
On a stormy October day of 2016, the Prostitutionsschutzgesetz (ProstSchG), or Prostitution Protection Act, was enacted in the heart of Berlin, aiming to bring order to the sex industry and fortify worker protections. Yet, nine tumultuous years later, the winds of disagreement surrounding this law remain fierce. While supporters champion it as a much-needed safety tool, critics contend it further entrenches stigmas and escalates the surveillance of sex workers.
At the heart of the ProstSchG debate lies a significant requirement: sex workers must register with the Ordnungsamt and carry a certificate, fondly known as 'Hurenpass' or 'whore ID.' Initially imagined to ensure access to legal protections and combating trafficking, workers argue that this measure exacerbates the stigma surrounding their profession due to the ID's revelation of their line of work to public authorities and compulsion for regular health counseling.
We, the ones at the heart of the storm, believe that our livelihoods, our passion, and our safety are affected by these regulations. "Sex work has been shrouded in taboo...few dare to declare their profession for fear of the fallout," remarks Lilli Erdbeermund, sex worker and employee at the sex work advocacy group Berufsverband erotische und sexuelle Dienstleistungen e.V. (BesD). "Carrying a whore ID in your purse isn't a protective measure; it's a hazard."
The ProstSchG additionally permits police to scrutinize the private residences of registered sex workers. Peer support network Trans*Sexworks elucidates that this legislation was never intended to "protect" us but rather to police us. "Under the ProstSchG, the fundamental right to privacy of the home is restricted for sex workers," Trans*Sexworks explains.
The heavy-handed surveillance and potential obstacles like residency status have driven some workers into the shadows. Organizations such as the Sex Worker Action Group (SWAG) discuss how this has led to a deepening divide within the industry, forcing unregistered workers into less secure environments, including hotels, private apartments, and streets. This becomes a tricky conundrum because "sex workers who are migrants, marginalized, or vulnerable...work illegally, which presents real challenges when seeking their own rights," asserts Alex, a SWAG member.
Although Germany's new approach legalizes sex work, advocacy groups call attention to the fact that these additional regulations brand sex workers as inherently suspicious, requiring extraordinary control and oversight. Instead, they champion a more radical approach: decriminalization. "Decriminalization describes the abolition of laws that criminalize sex workers...protecting against work-related health and safety hazards, as is common in other industries," Erdbeermund describes.
Decriminalization serves as a critical step toward reducing the looming stigma and fostering societal acceptance. Nations like New Zealand, which passed the Prostitution Reform Act in 2003, and Belgium, the first European nation to decriminalize sex work in 2022, are held up as beaming examples. As of December 1, 2024, Belgium's new law provides sex workers with formal employment rights, such as health insurance and paid leave, whereas Germany's legalization only allows sex work without the same labor protections. "Sex workers across the world struggle for the decriminalization of our work," says Trans*Sexworks emphatically. "This is a significant step toward clearing the stigma and promoting acceptance within society."
Even should the ProstSchG remain, other reforms are on the horizon, including removing mandatory registration, bolstering anti-discrimination protections, and improving access to healthcare, financial services, and peer-led support on a nationwide scale. "Our situation in Berlin may be relatively favorable," shares Alex, yet they emphasize that the scenario outside the city is much more dire.
In the face of adversity, sex workers are often barred from partaking in or contributing to the legislative conversation. "Historically, laws have been imposed upon sex workers. But it's our job, our lives, and our safety that are impacted by these regulations," attests Trans*Sexworks. Alex echoes this sentiment: "The popular battle cry in the sex worker movement, 'Nothing about us without us,' reflects that sex workers are usually spoken about, but rarely sitting at the table."
To turn the tide, SWAG and Trans*Sexworks combined forces to develop a series of workshops titled Sex Workers Write the Law. In partnership with local counseling centers SMART Berlin and Hydra, these workshops offer sex workers a platform to voice concerns and propose legislative changes. "We hope for these demands to be picked up, carried on, and addressed where decisions are being made--preferably with us together," Alex asserts. "But even if politicians and lawmakers fall back into their habit of speaking about us, not with us, with our demands, critiques, and proposals for change documented on paper, there will be no room for ignorance like 'we didn't know'."
German Political Landscape: A Mixed Bag
The Nordic model, which criminalizes the purchase of sex, leaves German politics in shambles. We decided to investigate, so here is where the parties stand on this controversial topic.
SPD – Divided
Supports anti-trafficking measures but remains undecided on broader reforms. A spokesperson acknowledges internal divisions, promising they will review the pending law results thoroughly and respond accordingly.
CDU/CSU – Supports
The conservative parties propose a Bundestag motion in February 2024 titled "Punish the purchase of sex."
Greens – Opposes
MP Denise Loop opposes the 2024 motion, asserting that it fails to effectively tackle trafficking.
FDP – Opposes
Supports voluntary sex work while enforcing penalties for forced prostitution. According to their press office: "We reject the Nordic model approach and remain committed to the rights of self-determined sex workers."
AfD – Opposes
MP Thomas Ehrhorn rejects the 2024 motion, calling it well-intentioned but flawed in implementation.
Die Linke – Opposes
Recognizes sex work as labor and champions decriminalization, emphasizing that protection measures and decriminalization go hand in hand.
- The controversy surrounding the ProstSchG, Germany's Prostitution Protection Act, extends to policy-and-legislation and politics, with parties such as the SPD, CDU/CSU, Greens, FDP, AfD, and Die Linke holding varying views on sex work.
- Critics of the ProstSchG argue that its additional regulations, which brand sex workers as inherently suspicious and require extraordinary control and oversight, run counter to the support for health-and-wellness, sexual-health, and worker protections, as championed by some advocacy groups and progressive politicians.
- The sex worker movement's demand for decriminalization, embodied in the slogan "Nothing about us without us," has gained momentum in the general-news landscape as influential nations like Belgium have begun to implement such reforms, providing sex workers with formal employment rights and fostering societal acceptance.
