Legislation

Prostitution in Belgium

Update: Labour law for sex workers is a reality

The labour law for sex workers under contract was approved by parliament on 2 May 2024.

Thanks to this law, sex workers will be able to work not only as self-employed but also under employment contracts. This will allow them to access social security: pension, unemployment, health insurance, family benefits and annual holidays. At the same time, the law ensures that sex workers in the workplace are protected against the risks inherent to the activity. 

This law is a historic step in the fight for sex workers' rights. It makes Belgium the first country in the world to have a law that takes into account the needs of sex workers in the workplace. 

What does the new law say? 

The sex worker gets extra workers' rights and the operator has to meet certain obligations. Note that this labour law only applies to those who sign an employment contract for sex work, and not to self-employed people who work freelance in a house or on a self-employed basis as escorts. It also only covers physical sexual contacts. Porn, striptease and webcam are therefore not covered by this law. 

It will be impossible to engage in sex work under contract as a student. Nor will it be possible to engage in sex work under an interim contract or as a flexi-jobber. 

What extra protection does a sex worker get? 

1. Sex workers have five freedoms:
 
- Every sex worker has the right to refuse a client.
- Every sex worker has the right to refuse a sexual act.
- Every sex worker has the right to interrupt a sexual act at any time.
- Every sex worker has the right to perform a sexual act in the manner they wish.
- If there are dangers to the sex worker's safety, the sex worker may refuse to sit behind a window or advertise.

If a sex worker invokes any of these rights, the sex worker is protected from dismissal or other adverse action by the employer. 

2. Sex workers may decide to end their contract at any time, without compensation or without the sex worker being required to perform a notice period.

3. When sex workers voluntarily end their contract, they do not lose their right to unemployment compensation. 

What obligations for employers?

Employers must apply for recognition and are eligible if they:

1. has a registered office or branch in Belgium.

2. has not previously been convicted of certain crimes, including sexual offences, human trafficking or prostitution offences, .... . Managers or supervisory staff must also not have been convicted of crimes on this list. 

After recognition: 

1. During the provision of sexual services, a reference person (internal or external) is always available to the sex workers working at that time. 

2. Each room where sexual services take place are equipped with an alarm button. If services take place outside the establishment, the employer shall provide a mobile alarm button. 

3. Trade unions, sex worker welfare organisations and the professional organisation of sex workers have access to the workplace at all times. Sex workers are not obliged to take up the organisations' offers. 

What remains to be decided?

This law defines the framework in which sex work under an employment contract is possible. Some concrete and practical matters still require royal decrees. It concerns the elaboration of the recognition procedure, matters concerning the dimensions and hygiene of the room and the designation of a mediation service that can intervene if a sex worker frequently uses the right to refuse a client, sexual act,... refuse.

What about anonymity?

Many sex workers fear a loss of their anonymity or fear losing their chances of another future job if their contract mentions sex work. As the plans stand, sex workers' anonymity will be guaranteed. Sex workers will be able to work under hospitality contracts that do not mention sex work. 

Update: Since the first of June 2022 sex work has been decriminalised. This means that a lot of activities related to sex work are no longer punishable. 

In Belgium, prostitution is not prohibited. This was already the case with the previous laws. Therefore, persons providing sexual services are not punishable. However, there is a legal minimum age to start working as a sex worker. This is 18 years. This means that working as a minor in prostitution is not allowed. 

The person receiving the sexual services is called the client. As a client, you are not punishable in Belgium as long as the sex worker who is providing the sex work is a person of age (18+). However, the client must abide by the agreements between the sex worker and the client. If the client does not abide by the agreements, he can be charged with violation of sexual integrity or rape. 

Prostitution in Belgium is not prohibited when the people involved are over 18 years old. Neither the sex worker nor the clients are punishable. 

Until the 1st of June 2022, anyone who made money from someone else’s sex work was punishable: the person renting out window prostitution premises, the owner of an erotic massage parlour, the driver of an escort, an accountant… However, there was a policy of tolerance, so in practice these offences were not prosecuted. Police and prosecutors’ priorities were to fight human trafficking and exploitation. Yet this tolerance policy was never put into text, so it did not provide sufficient security for those engaged in the (bona fide) organisation of sex work. 

The decriminalization of sex work will make it possible to have work contracts for sex work. Further legislation needs to be drafted before this will be possible in practice. 

Because of the changes in the law, self-employed sex workers can now appeal on third parties to assist them (driver, accountant, insurance company, bank…). These no longer risk prosecution for their assistance. 

Human trafficking will of course remain punishable and a priority for police and prosecutors. 

Before the change in the law, any advertising of sex work was prohibited. Now, sex workers are allowed to advertise, but only for their own sexual services. This can be behind the window of the premises they’re working in. This is also allowed online, but only on specific websites and forums dedicated to (advertising) sex work. The idea behind it is that people who do not want to see advertising for sex work, cannot accidently encounter them on the internet. 

Sex ad websites are allowed, if they comply with certain conditions. Further new legislation is needed to determine these conditions. Until this will be done, sex ad websites will remain punishable, but they will be tolerated – just as before. 

All other forms of advertising remain prohibited. This means that the owner of an erotic massage parlour or a private house is not allowed to advertise, as he/she is not advertising his/her own sexual services. 

Prostitution at municipal level

As there was no national legislation for a long time, a number of cities and municipalities in Belgium have developed local regulations for prostitution on their territory. This was done using Article 119bis of the New Municipal Law. 

Cities and municipalities take measures on prostitution to maintain public order, tranquillity and safety. By canalising prostitution, local authorities aim to map it out in order to be able to control it. In practise, for example, we see defined areas where prostitution can happen. Thinking of Antwerp’s Schipperskwartier of Ghent’s window district. 

Each municipality has its own prosecution policy. As already mentioned earlier, municipalities can only regulate prostitution through their local authority. They can, however, create sanctions or regulations in order to guard public peace and safety. This can translate into an increased police presence in the window neighbourhoods or by carrying out inspections in bars and clubs. Some local authorities ban prostitution from their municipality and close premises where prostitution take place. 

Law enforcement officers also regularly visit private houses or single sex workers. For example, they carry out checks against undeclared work or identity checks in order to detect illegal workers. These powers for municipalities will remain, even after the changes of the law. 

Prostitution policy in Antwerp

The city of Antwerp has had a prostitution policy since the year of 2002. 

The city of Antwerp pursues three goals with it: Safety, liveability in the neighbourhood and healthy working conditions for sex workers. 

The most visible is the (tolerated) window prostitution zone. Window prostitution is possible in Antwerp’s Schipperskwartier, regulated in the police regulations of the city of Antwerp. Street prostitution is prohibited throughout the whole city. Sex establishments, such as private houses or erotic massage parlours, are strictly controlled. Within the Antwerp police, a special prostitution team monitors compliance with these police regulations. 

Villa Tinto, a building where you can rent windows for prostitution is located int the Schipperskwartier. It’s name is well known, yet Villa Tinto is just one of the buildings in the window district. It has no further ties to the city of Antwerp. 

Prostitution policy in Ghent

In 2015, the city of Ghent set conditions for operating the window prostitution premises. Through these police regulations, the city aims to keep window prostitution manageable and controllable, increase the safety and liveability of the neighbourhood and improve the working conditions of prostitutes. 

Window prostitution is only tolerated in certain streets of the area around De Zuid, including the ‘Glazen straatje’ and the Kortrijksesteenweg. It is specific to Ghent that window prostitution is considered a food service business and that the operator must conclude a servant contract with the sex worker as in a café/bar. It is compulsory to report anyone entering and leaving service to the local police – team Meprosch – which monitors compliance with police regulations.