
- Painting by Picasso
Since the first of october brothelmanaging is decriminalized in the Netherlands. Contrary to popular opinion this does not mean that prostitution is legalized, because prostitution has not been illegal in the Netherlands since centuries. It was considered a matter of privacy to have sexual (paid) contacts.
It was also seen as exploitation to derive an income from sexual affairs of others. That meant that pimping and brothel keeping were forbidden. But no one enforced this law, so the law had to change.
Now only extortion,violence and sexual violence is forbidden.
In theory prostitution has now become a profession and brothel owners are employers like any others. Prostitutes should have the rights as people in other profession. The biggest trade union in the Netherlands has taken on the case of prostitutes.
On paper it looks good. But unfortunately the Dutch authorities just changed the law and never thought of the practical consequences of this law.
Most sexworkers don’t even know where the new law is about. They have heard something about an obligation to pay taxes and that they have to give up their anonimity. Besides., brothelowners give them false information.about the legalization.
Except this lack of information, prostitutes still encounter many problems in the Netherlands.
First and foremost a change of law cannot remove the stigma on prostitution overnight. That is particularly noticeable when they want to open a bank account and are refused. It is also difficult to get a mortgage.
Many other things have not been arranged or are still inclear.
Municipalities,. Health autthorities and labour inspection have different standards for safety and hygienics. But this is one of the few things the authorities care about.
But more important is that sexworkers still not get a good deal in the brothels. On paper they are self-employed, but in fact they are still forced to work certain hours and are not always free to refuse clients. Besides some regulations dating from the nineteenth century are still in force. For instance they quite often have to pay fines when they come in five minutes late. These kind of regulations are abolished in official labour regulations.
No one knows what are labour related diseases. Are prostitutes unfit to work when they menstruate? Are std’s a professional risk or a result of risky private behaviour?
Another problem is that the prices clients pay for prostitutes are quite low. It is cheaper to go to a prostitute than to a hairdressers. And in high priced segments of prostitution women still have to give up a large part of their turnover to brothelowner.
Besides, despite of the normalization of prostitution, some exceptions are in force:
Migrant workers have no rights at all. In other professions they can work under certain conditions. But working in prostitution is always forbidden for people outside the European Union.
Besides selfemployed prostitutes are forced to carry an ID which can be checked by the police. Other self employed workers are exempted from this regulation. Prostitutes are afraid for stigmatization and an invasion of their privacy because of this regulation.
As a result of all this it is not very attractive to work in a legal way and many prostitutes try to escape the legal circuits.











