Nordic model for prostitution

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Decriminalization of prostitutes
Nordic four-pillar model

The term Nordic model for prostitution few options to combat are prostitution through the criminalization of customers of prostitutes combined, the most famous of the Scandinavian countries, particularly Sweden is. However, the legal situation differs greatly between the Scandinavian countries. In 2014 the European Parliament passed a resolution in favor of the Nordic model of prostitution and recommended that member states criminalize the use of sexual services.

Structure and concept of the "Nordic model"

The core of the Nordic model is the criminalization of the use of sexual services for a fee (ban on buying sex) , with which it is sometimes equated in debates. However, it is presented as a four-pillar model :

  1. Comprehensive criminalization of consensual prostitution, including in particular: use of paid sexual services (in the debates also called a ban on buying sex ), renting work and living spaces to prostitutes, arranging sexual services,
  2. Non-punishment for offering sexual services,
  3. Offers to get out of prostitution,
  4. Awareness and education measures in the population.

Overall, the model seeks to curb prostitution to a large extent by reducing the demand for sexual services.

History and implementation

Countries that have implemented the Nordic Model (2019)

The model was developed in Sweden in 1999 and introduced as part of a legislative package against violence against women ( Kvinnofrid Act ). This example was followed in 2009 by Norway ( Sexkjøpsloven - Sex Buyer Act). and Iceland. According to surveys, 70% of the population there are in favor of criminalizing the use of sexual services. Canada introduced a ban on sex purchases in 2014 as part of the Protection of Communities and Exploited Persons Act . In Northern Ireland , a similar regime came into force in 2015. France followed in 2016. In Ireland , the use of sexual services was criminalized in 2017 as part of the Sexual Offenses act ( Sexual Offenses Act ). There has been a sex purchase ban in Israel since 2018.

Sweden

In 2008 the Swedish government set up a committee to evaluate the impact of the model between 1999 and 2008. This committee was headed by Anna Skarhed , former Supreme Court Justice. The result was that a 50% decrease in street prostitution was due to the introduction of the sex purchase ban. A comparison of the cities of Oslo, Copenhagen and Stockholm showed that while street prostitution was comparable in all three cities in 1999, in 2008 it had decreased to around 30% of the extent in the other two cities in Stockholm. A key factor in this was identified as the fact that the police had concentrated on combating publicly visible street prostitution.

The Committee on Women's Rights and Equality of the European Union presented further results in 2013. According to this, the number of prostitutes in Denmark is about ten times higher than in Sweden, despite the smaller overall population. The committee also attributed a change in public opinion to the new law. In 1995, 45% of women and 30% of men were in favor of criminalizing the use of sex services. In contrast, in 2008 around 79% of women and 60% of men were in favor. With reference to information from Swedish police authorities, the committee also found that the new law deterred human trafficking and sexual exploitation.

Norway

Five years after the Nordic model was introduced in Norway, a study found it steamed prostitution and human trafficking there. It is estimated that street prostitution has decreased by 45–60% since the law was introduced. In addition, the customer mix of prostitutes has changed: Young men and men of high social origin used sex services less often, while foreigners used more sex services. According to surveys, young men in particular were more likely to reject prostitution.

However, according to a government report, prostitutes are afraid to file charges against abusive clients. Under Norwegian law, any cooperation with prostitutes is prohibited, including renting out workplaces. Therefore, if they were reported, they threatened to lose their home used as a place of work. Amnesty International published a report in 2016 on the "human cost" of the sex purchase ban in Norway. It is u. a. found that those affected now have higher legal and moral hurdles to overcome, e.g. B. report a crime.

Iceland

The Nordic model was introduced in Iceland in 2009. According to the police there in 2017, the law only partially achieved its goal. In the previous 18 months there had been an "explosion" in prostitution. The majority of prostitutes come from Eastern Europe , the Baltic States and South America , who, according to the police, are victims of organized crime and human trafficking. In this way Iceland has become a popular destination for sex tourists .

Several factors are named for this development. In particular, victims of human trafficking did not cooperate with the police and therefore did not testify against the perpetrators. In addition, Iceland has gained in tourist importance, which could lead to an increased demand for sex services. Another important factor is Iceland's membership of the Schengen area , so that the lack of border controls also promoted human trafficking from poorer EU countries to Iceland. In particular, no visa or official registration is required for a three-month stay. Individual authors accuse the judiciary of holding trials for the use of sexual services behind closed doors and of imposing relatively small fines there, which is not enough of a deterrent.

The Office to Monitor and Combat Trafficking in Persons , the US agency responsible for combating human trafficking, downgraded Iceland from Tier 1 (meets all minimum standards) to Tier 2 (does not meet all minimum standards) in 2017 .

Germany

In a Civey survey from 2018, 49.3% of those questioned were against the introduction of the Nordic model in Germany, while 35.4% were in favor of it. 15.3% of the respondents gave no answer.

Currently, none of the parties represented in the Bundestag is calling for a sex purchase ban in their party program. The ÖDP was the first German party to include the Nordic model sex buying ban in its 2013 program.

In Germany, feminist and leftist actors in particular criticize such a ban. Some organizations that deal with women's and human rights , as well as human trafficking , do not support the sex purchase ban. This includes, for example, the KOK e. V. , the German Women's Council , the Federal Association for Sexual and Erotic Services and Hydra e. V. The German Women's Council , the German Aids Aid , the Lawyers' Association , the Diakonie Deutschland , the Dortmunder Mitternachtsmission eV, and the Fachstelle gegen Frauenhandel contra eV Kiel have explicitly opposed this law in November 2019. SPD regional associations, such as B. Schleswig-Holstein also reject the move. The rejection manifested itself in 2013 among other things in the appeal FOR prostitution for the strengthening of rights and for the improvement of the living and working conditions of people in sex work .

In 2013 the magazine EMMA had a report from Annegret Kramp-Karrenbauer , David McAllister (CDU), Heiner Geißler (CDU), Renate Schmidt (SPD), Charlotte Britz (SPD), Bodo Hombach (SPD), Christian Pfeiffer (SPD), Silvana Koch-Mehrin (FDP) and Sarah Wiener (Austrian Greens) signed the published appeal against prostitution and named the Nordic model as a model. On the initiative of members of the Bundestag Leni Breymaier (SPD) and Frank Heinrich (CDU), a parliamentary group for a sex purchase ban was established in Germany in 2019. The parliamentarians belonging to him are preparing a bill for a sex purchase ban in Germany as well. This resulted in a broader political debate, in the course of which individual members of the state parliament, especially from Baden-Württemberg, spoke out in favor of the introduction of the Nordic model. This example was followed by a working group of social democratic women in Bavaria in May 2019 and the state party conference of the SPD Baden-Württemberg in September 2019. In Germany, the SPD member of the Bundestag Leni Breymaier and the SPD member of the state parliament Sabine Wölfle from Baden-Württemberg are considered to be some of the most prominent advocates of the Nordic model. On October 12, 2019, the SPD Baden-Württemberg decided on a sex purchase ban based on the Nordic model at its state party conference in Heidenheim . In 2014 the merger aboliton2014 was formed ; As part of this, a catalog of demands was published in which u. a. a statutory sex purchase ban is required. On July 6, 2017, the church parliament of the Evangelical Church in Württemberg decided to demand a sex purchase ban based on the Swedish model. On July 3, 2018, the German Evangelical Alliance called for a sex purchase ban based on the Nordic model. In April 2019, the Solwodi organization called for the Nordic model to be used in Germany. The approval manifested itself among other things in 2013 in the appeal against prostitution.

European Union

In 2014, the European Parliament passed a resolution in favor of the Nordic model for prostitution and urged member states to criminalize the use of sexual services.

debate

Support of the model

Above all, the governments of the states that have so far introduced a sex purchase ban usually rate this as a success. Often times, feminists support the criminalization of clients while opposed to the criminalization of prostitutes. At the initiative of the British MEP Mary Honeyball , the EU Parliament issued a "non-binding resolution" on February 26, 2014: All EU member states are to ban prostitution in their countries in the future, and clients should not be punished for violations the sex workers themselves. The non-binding resolution was passed with 343 votes, 139 MPs voted against, 105 abstained.

Proponents of the ban often cite a study that showed that legalizing prostitution encouraged human trafficking. However, the authors themselves emphasize that the study should not be used as an argument in favor of a prostitution ban. In the press release on the relevant study it is emphasized that the advantages of legalization outweigh the advantages, since it can improve and regulate working conditions: "However, such a line of argumentation overlooks potential benefits that the legalization of prostitution might have on those employed in the industry Working conditions could be substantially improved for prostitutes — at least those legally employed — if prostitution is legalized. " One of the authors, Axel Dreher, also emphasized: "It looks different when looking at the raw data or case studies on individual countries. Here, the results are to be viewed with extreme caution. There is nothing to" prove "with the existing data also applies to the case studies about Germany, Sweden and Denmark contained in our article. " Some researchers have suggested that within Europe, human trafficking is most widespread in countries where prostitution is legalized.

Many politicians in the SPD have already spoken out in favor of the Nordic model. Among them Maria Noichl, MEP and federal chairwoman of the Working Group of Social Democratic Women (AsF), and Karl Lauterbach, health policy spokesman for the SPD parliamentary group. The SPD state association Baden-Württemberg passed a corresponding resolution at its state party conference in October 2019.

Criticism of the model

See also: Swedish criticism of the Nordic model

Other studies have shown that the ban on the use of prostitution leads to an increased willingness of the population to also criminalize the providers of sex services. Critics of the ban therefore point out that sex workers are still exposed to discrimination under this model . Violence against them is not adequately sanctioned. The resolution of the EU Parliament calling on member states to adopt the Nordic model was criticized in particular by ICRSE , the European network of sex workers' organizations.

The women's political spokeswoman for the left-wing parliamentary group in the Bundestag, Cornelia Möhring, criticizes that a ban does not improve the social situation of prostitutes and that the model itself represents a “general attack on our sexual self-determination”. Paid sexuality should not be equated with violence. The illegalization also makes the victims of human trafficking less visible and therefore less protected.

In science, the term "Nordic model" is not without controversy. The legal systems referred to would all criminalize the use of sexual services. In fact, the legal treatment of prostitution turns out to be far more complex and disparate in a country comparison. There can therefore be no question of a uniform regulatory approach.

The approach of combating human trafficking by generally criminalizing the use of sexual services for a fee continues to be criticized. Instead, improvements in social benefits in line with the Swedish welfare state model are advocated.

Position of the associations

As a women's rights organization, Terre des Femmes , like SISTERS, advocates the Nordic model.

Amnesty International opposes this type of legislation because it does not target trafficking in human beings, but consensual sexual acts. Amnesty International also criticizes the fact that the decriminalization of prostitutes is only being postponed and that prostitutes are unprotected and operate in a legal gray area. This leads to the violation of the human rights of prostitutes.

Umbrella organizations of prostitutes and sex workers ( ICRSE and NSWP ) reject the sex purchase ban, as do other forms of criminalization of consensual sex work among adults.

The German Women's Council, the German Aids Aid, the Lawyers' Association, the Diakonie Deutschland and the specialist agency against trafficking in women against eV Kiel explicitly opposed this law in November 2019. SPD regional associations, such as B. Schleswig-Holstein also reject the move.

Individual evidence

  1. ^ Charlotta Holmström, May-Len Skilbrei: The Swedish Sex Purchase Act: Where Does it Stand? In: Oslo Law Review . tape 4 , no. 02 , 2017, ISSN  2387-3299 , p. 82-104 , doi : 10.18261 / issn.2387-3299-2017-02-02 ( idunn.no [accessed November 26, 2019]).
  2. ↑ January 3rd, 2014 | Charlotta Holmström, Justice, Home Affairs, May-Len Skilbrei | 5 Comments: The 'Nordic model' of prostitution law is a myth. In: EUROPP. January 3, 2014, Retrieved November 26, 2019 (American English).
  3. ↑ a b Meghan Murphy: EU Parliament passes resolution in favor of the Nordic model . In: feministcurrent . February 26, 2014. Retrieved August 1, 2019.
  4. ↑ Nordic Model Now !: What is the Nordic Model? . In: Nordic Model Now! . Nordic Model Now !. March 27, 2016. Accessed August 1, 2019.
  5. ↑ Amnesty International 2016: THE HUMAN COST OF 'CRUSHING' THE MARKET . In: amnestyusa . Retrieved August 1, 2019.
  6. ^ A new law makes purchase of sex illegal in Iceland . In: www.jafnretti.is . Jafnréttisstofa - The Center for Gender Equality. Retrieved August 1, 2019.
  7. ↑ Debra Haak: Canada's laws designed to deter prostitution, not keep sex workers safe . In: theconversation.com . Retrieved August 1, 2019.
  8. ↑ Joseph d'Urso: Buying sex a criminal offense under controversial Northern Ireland law . In: Reuters , June 2015. Retrieved August 1, 2019. 
  9. ^ Megan Murphy: France adopts the Nordic model . In: feministcurrent.com . April 6, 2016. Accessed August 1, 2019.
  10. ^ Anna Fisher: Lessons from Ireland on Prostitution . In: Nordic Model Now! . Nordic Model Now !. Retrieved August 1, 2019.
  11. ↑ Lahav Harkov: ISRAEL BECOMES 10TH COUNTRY TO CRIMINALIZE HIRING PROSTITUTES . In: jpost.com . The Jerusalem Post. Retrieved August 1, 2019.
  12. ↑ ―The Ban against the Purchase of Sexual Services. An evaluation 1999-2008‖ . In: ec.europa.eu . Swedish Institute. Retrieved August 1, 2019. p.7
  13. ↑ ―The Ban against the Purchase of Sexual Services. An evaluation 1999-2008‖ . In: ec.europa.eu . Swedish Institute. Retrieved August 1, 2019. p.8
  14. ^ Committee on Women's Rights and Gender Equality: on sexual exploitation and prostitution and its impact on gender equality . In: europarl.europa.eu . European Parliament. Retrieved August 1, 2019.
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  20. ^ Organized Crime and Prostitution on the rise in Iceland . In: Iceland Monitor . October 26, 2017. Retrieved February 2, 2018.
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  22. ↑ Alice Demurtas: Prostitution In Iceland Mostly Occurring In AirBnB Apartments . In: grapevine.is . grapevine. Retrieved August 4, 2019.
  23. ↑ Ingebjorg Sigridur: The effect of the law on prostitution in Iceland - Changing laws, changing attitudes . In: sigriduringibjorg.is . Ingebjörg. Retrieved August 4, 2019.
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  25. ↑ Should there be a prostitution ban in Germany in which the clients are punished instead of the prostitutes? Retrieved July 9, 2019 .
  26. ↑ Is prostitution generally acceptable to you? Retrieved July 9, 2019 .
  27. ↑ ÖDP supports the #RotlichtAus campaign. Retrieved April 1, 2020 .
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  32. ↑ a b Sex work: We reject the Nordic model. Retrieved November 26, 2019 (German).
  33. ↑ Kramp-Karrenbauer supports appeal against prostitution. In: saarbruecker-zeitung.de. Saarbrücker Zeitung, October 31, 2012, accessed on December 28, 2019 .
  34. ↑ APPEAL AGAINST PROSTITUTION. EMMA, accessed December 28, 2019 .
  35. ↑ THE HISTORY OF THE APPEAL. EMMA, November 1, 2013, accessed December 22, 2019 .
  36. ↑ Appel against prostitution "TO THE FEDERAL CHANCELLOR AND THE BUNDESTAG ..." EMMA, accessed on 22 December 2019 .
  37. ^ "Nordic model" alliances for a sex purchase ban. In: TAZ. TAZ, accessed December 22, 2019 .
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  39. ^ State party conference in Heidenheim. Accessed November 4, 2019 (German).
  40. ↑ SPD women want to be banned from buying sex. In: TAZ. TAZ, June 12, 2019, accessed December 22, 2019 .
  41. ^ SPD Baden-Württemberg: State SPD tackles the “taboo subject of prostitution” - passionate about the country and its people. Retrieved November 4, 2019 .
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  43. ↑ The Troublemakers .
  44. ↑ Position paper from Abolition 2014 .
  45. ↑ Report from the Synod: advised and decided on the conference of the 15th Evangelical Regional Synod from July 6th to 8th, 2017 (PDF; 429.71 kB).
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  48. ↑ Niklas Golitschek: Dropouts call for a ban on buying sex , Neues Deutschland website, April 7, 2019. Accessed October 13, 2019.
  49. ↑ Illustrasjonsfoto: iStockphoto: Sex Purchase Act has altered Swedes' attitudes towards prostitution. Retrieved January 6, 2019 .
  50. ↑ Resolution of the European Parliament of February 26, 2014 on sexual exploitation and prostitution and their effects on gender equality .
  51. ↑ Punish the clients, not the prostitutes, demands the parliament | News | European Parliament. February 26, 2014, accessed July 2, 2019 .
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  57. ↑ Alek Nielsen: Nordic Model: The Ongoing Criminalization of Sex Workers in Northern Europe. December 29, 2018, accessed November 26, 2019 .
  58. ↑ NSWP: ICRSE Campaign against the Honeyball report calling for the adoption of the Swedish model across Europe. July 2, 2014, accessed January 6, 2019 .
  59. ↑ Welt online v. October 16, 2019, accessed January 7, 2020.
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  61. ^ Punish the client, not the prostitute | News | European Parliament. February 26, 2014, accessed January 6, 2019 .
  62. ↑ Amnesty International Policy On State Obligations To Respect, Protect And Fulfil The Human Rights Of Sex Workers . In: www.amnesty.org . Amnesty International . May 26, 2016. Retrieved August 3, 2019.
  63. ↑ "Hands off our clients!" - Advocacy and activism tool kit against the criminalization of clients | Sex Work Europe. Retrieved January 6, 2019 .
  64. ↑ NSWP: Policy Brief: The Impact of 'End Demand' Legislation on Women Sex Workers. February 12, 2018, accessed January 6, 2019 .