Prostitution in Austria
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The prostitution in Austria is regulated legal and law.
history
Until the 18th century
Attempts to ban prostitution completely were last made in Austria under Maria Theresa , who had prostitutes deported on ships down the Danube to the Banat together with other “anti-social” people in the Temeswar water surge .
19th century
From the middle of the 19th century, the principle of regulation prevailed in Austria in dealing with prostitution, which tolerates prostitution as a necessary evil and places it under state control. In Vienna , as early as 1850, the police surgeon Nusser suggested that prostitutes should be "conscripted" by the police, examined twice a week and given health passports. Since the revision of prostitution by Vienna's police chief Anton Ritter von Le Monnier in 1873, health books have been compulsory. Prostitutes who complied with this rule were not complained about by the police. According to “Extra Blatt” of October 27, 1874, “6,424 prostitutes are provided with health books and are under medical and police control. In the opinion of the police, however, in addition to the 6424 mentioned above, at least 12,000 women live in Vienna from the income of free love, but they cannot be controlled. These girls mostly work in factories and are driven to this additional income by the low wages. Of the prostitutes conscripted, 5312 are single, 902 widowed and 210 married. The youngest of these is 15 years old, the oldest 47 years old. "
According to a law from 1885, however, commercial prostitution was still at least formally punishable.
20th century
A study by a Viennese market research institute showed in the 1960s that every second adult male Austrian used the services of a prostitute at least once in his life.
The Vienna Prostitution Act from 1983, amended in 1991, defines prostitution as the commercial “tolerance of sexual acts on one's own body or the performance of sexual acts”. You can legally work as a prostitute in Vienna if you are of legal age, register with the Vienna State Police Department, have received a photo ID after a medical examination at the health department (the control card, “lid”, “the green card”) and go to the health department every week at Schnirchgasse 14, 1030 Vienna.
Prostitutes have been subject to income tax since 1986.
According to a ruling by the Supreme Court in 1989, prostitution was considered an "immoral contract"; therefore prostitutes had no legal possibility of claiming their payment if the customer did not want to pay (OGH June 28, 1989, 3 Ob 516/89). This decision was revised by the Supreme Court in 2012 (OGH April 18, 2012, 3 Ob 45 / 12g) on the grounds that the immorality could not be reconciled with current moral concepts or with "reality" and that prostitution was regulated by relevant state laws be. In particular, this gives prostitutes the opportunity to sue for their remuneration.
After the total ban on same-sex sexual contact was lifted in 1971, the ban on same-sex male prostitution (Section 210 of the Criminal Code) was lifted in 1989, the first of the four subsequent substitute bans. A major reason for the legalization of homosexual male prostitution was that the fight against HIV infections was made easier through regular examinations and official registration.
Until the opening of the east, there was good contact between the police and the prostitution scene in mutual interest. The police let the pimps settle their precincts themselves and in return received information from the criminal scene. However, the fall of the Iron Curtain changed the situation and brought about an influx of young women from the former Eastern Bloc who were willing to work as prostitutes for less money than the Austrians. In addition, mafia gangs from the south and east of Europe tried to gain a foothold in Austria. As a result, especially in the 1990s, the number of legal prostitutes fell sharply, while the number of illegal ones rose.
Around 1997 registered prostitutes belonged to the "healthiest" group of people according to the health report of the City of Vienna.
According to the Labor and Social Law Amendment Act (ASRÄG) 1997, prostitutes were included in health and pension insurance under the GSVG and in accident insurance under the ASVG .
21st century
Around 2002, illegal prostitution was seen as a problem by the Austrian Ministry of the Interior , primarily because of the accompanying crime such as human trafficking , pimping and violent crimes such as rape . Illegal prostitution was also a public health problem. In 2002, the health authorities found multiple infections through sexually transmitted diseases in a quarter of the secret prostitutes arrested in Vienna. In 2002, Viennese politicians considered measures to curb illegal street prostitution, perhaps with fines for clients of illegal prostitutes as well. The women's city councilor Renate Brauner said that such fines should be dedicated to exit projects.
At the beginning of the 21st century, the Greens , the SPÖ and the ÖVP discussed the possibility of lifting the “immorality” of prostitution and introducing a legal solution similar to that in Germany. In 2012 the immorality was finally lifted by the Supreme Court.
On June 2, 2002, International Whore Day, the Association of Latin American Women Emigrants in Austria (LEFÖ), the Vienna Greens and the Platform for Prostitutes pointed out the poor living and working conditions of prostitutes in Austria and demanded recognition under labor and social law of sex work and the elimination of "discriminatory residence and labor law provisions".
In 2003 around 460 women and 14 men were officially registered as prostitutes in Vienna. The youngest was 19 years old; the oldest, a 71-year-old Austrian, worked in Leopoldstadt . Most of the registered men offered their services as transvestites . It was estimated that this year 3,500 women in Vienna were working legally or illegally, at least in some cases as prostitutes. From around 2003 the number of legal prostitutes began to grow again and ten years later stabilized at around 3,000 to 3,500. Affairs such as the sauna affair testify to new contacts between the police and the prostitution scene.
Legal position
Commercial prostitution by adults is no longer punishable in Austria.
The following is punishable for the client, according to the Criminal Code Section 207b ( sexual abuse of young people ), provided that the prostitute is younger than 18 years, mediation of sexual contacts with minors against payment (Section 214), induction into prostitution (Section 215), promotion prostitution of minors (Section 215a), pimping (Section 216), and cross-border prostitution trafficking (Section 217). Because it is forbidden according to Section 216 of the Criminal Code to obtain income from prostitution for another person, there is no possibility of working as an employee as a prostitute. However, prostitutes are considered to be “self-employed”.
In the individual federal states , state laws deal with further regulations on prostitution such as registration obligations and time and location restrictions. The regulations are strictest in Vorarlberg . There, prostitution is only allowed in approved brothels, although no brothel has been approved so far (as of July 2011) , so that a de facto ban on prostitution applies. In 2011 there were around 70 to 100 illegal brothels in Vorarlberg.
There are regional advertising bans, for example in Styria .
With the amendment of the Social Law Act, Minister Rudolf Hundstorfer plans to exclude prostitutes from the ASVG because they are considered self-employed and therefore have to take out social insurance under the GSVG.
scope
There were around 6,200 registered prostitutes across Austria in 2013. As of December 31, 2007 there were 710 licensed brothels in Austria.
| year | number |
|---|---|
| 2007 | 5150 |
| 2011 | 5500 |
| 2013 | 6200 |
| 2020 | 8000 |
| state | number |
|---|---|
| Burgenland | 180 |
| Carinthia | 260 |
| Lower Austria | 600 |
| Salzburg | 500 |
| Styria | 1200 |
| Upper Austria | 700 |
| Tyrol | 160 |
| Vorarlberg | 50 |
| Vienna | 1500 |
| year | Female | Male |
|---|---|---|
| 1874 | 6424 | |
| 1913 | 1879 | |
| 1920 | 1387 | |
| 1993 | 711 | |
| 2003 | 460 | 14th |
| 2004 | 625 to 755 | |
| 2006 | 1132 | 18th |
| April 2007 | 1352 | 21st |
| Nov 2008 | 1728 | |
| 2011 | 2500 | |
| 2012 | 2758 | |
| 2013 | 3300 | |
| the end of 2013 | 3390 | 67 |
| Late 2014 | 3542 | 70 |
| Mid 2018 | 3300 | 70 |
| Mid 2020 | 3500 |
In mid-2018 there were 3,300 female and 70 male registered prostitutes in Vienna with control cards (“lid”) . 1,800 of them regularly undergo a health check-up at MA 15 every six weeks . The others are registered, but no longer work in Vienna. Estimates for the number of unregistered prostitutes in Vienna vary between 500, 3000, 3000 to 4000 illegal prostitutes and a total of 5000 and 6000 women who legally or illegally worked as prostitutes in Vienna, at least occasionally. According to low estimates, a prostitute serves an average of three clients a day, which results in an estimated 15,000 client contacts per day in Vienna.
Localization of prostitution
In contrast to other cities, such as the Bahnhofsviertel in Frankfurt , the Reeperbahn in Hamburg or the red-light district Walletjes in Amsterdam , there are no special red-light districts in Austrian cities . The prostitution is rather subtle without being explicitly conspicuous and is distributed over a large area, but not completely evenly. In Vienna, for example, there is an accumulation of brothels along the “belt” and adjacent areas. In addition, almost every major street in Vienna has some kind of sex shops , swinger clubs , peep shows or entertainment bars ; The local population hardly notices this, however, only on closer inspection do you recognize the dense network of the sex industry. Street prostitution used to be concentrated in the belt area as well as the Stuwerviertel and the nearby Prater in Vienna's 2nd district. However, the Vienna Prostitution Act 2011 banned street prostitution in residential areas and has since moved to the outskirts.
Origin of the prostitute
In 2011 only 4% of prostitutes from Austria, the majority of whom were migrants , mainly from the former Eastern Bloc countries . There are also many day commuters from nearby Slovakia . In 2003, for example, the police picked up several nurses who had earned more money in a single night on the street in Vienna than in a whole month in the hospital in Bratislava . Sex work is one of the few activities that asylum seekers are legally allowed to pursue; therefore, 1.6% of the registered prostitutes in 2013 were asylum seekers.
| country | Share 2011 |
Share 2013 |
|---|---|---|
| Romania | 29% | 38% |
| Hungary | 25% | 26% |
| Bulgaria | 15% | 10% |
| Slovakia | 8th % | 6% |
| Nigeria | 7% | |
| Czech Republic | 6% | 4% |
| China | 3% | |
| Austria | 4% | 3% |
| Others | 6% |
Advice for prostitutes
There are counseling centers for prostitutes in Vienna (Sophie, SOLWODI , Herzwerk), Linz (Lena), Graz (SXA-Info) and Carinthia (Talitha). The association Lefö - advice, education and support for migrant women in Vienna and Maiz in Linz also offer advice for migrant women in sex work.
See also
literature
- Franz Seraph Huegel: On the history, statistics and regulation of prostitution. Social-medical studies in their practical treatment and application to Vienna and other large cities . Printing and publishing of the typograph.-literar.-artist. Establishment (LC Zamarski & C. Dittmarsch), Vienna 1865 ( limited preview in Google book search)
- Josef Wardrobe: Prostitution in Vienna in historical, administrative and hygienic terms. 1st volume. The history of prostitution in Vienna. Self-published, Vienna 1886 ( digitized on archives.org; limited preview in the Google Book Search USA ).
Web links
Individual evidence
- ↑ a b c d e History of Prostitution. In: Public Safety. Interior Ministry Magazine No. 11–12 / 2000 November-December. (bmi.gv.at, accessed on November 13, 2010)
- ↑ a b Anna Ehrlich: In the footsteps of Josefine Mutzenbacher. Amalthea Signum Verlag, Vienna 2005, pp. 205 f. ISBN 3-85002-526-8
- ↑ Anna Ehrlich. In the footsteps of Josefine Mutzenbacher. Amalthea Signum Verlag, Vienna 2005, p. 259. ISBN 3-85002-526-8
- ↑ Outpatient clinic for the diagnosis and treatment of sexually transmitted diseases (STD outpatient clinic) ( Memento of March 20, 2007 in the Internet Archive )
- ↑ a b c d e f g h i j bmi.gv.at Illegal prostitution. In public safety. The Interior Ministry magazine No. 1–2 / 2003 January-February
- ↑ a b Frauenratgeberin.at Women's Counselor of the BMGF , Topic Women and Violence, Prostitution (June 28, 2007)
- ↑ homepage.univie.ac.at (July 31, 2006)
- ↑ a b Money for sex is no longer immoral . ORF . Retrieved June 2, 2012.
- ↑ a b money for sex is no longer immoral, . In: The press . June 2, 2012. Retrieved June 2, 2012.
- ↑ a b OGH decision text 3Ob45 / 12g April 18, 2012 . Legal information system of the Republic of Austria . Retrieved June 2, 2012.
- ↑ wien.gv.at ( Memento of the original from September 29, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Vienna Anti-Discrimination Agency: The legal situation in Austria
- ↑ Federal Law Gazette No. 243/1989 ( Memento of September 13, 2004 in the Internet Archive )
- ↑ [1] : Judicial crime statistics 2009, ISBN 978-3-902703-54-5 , p. 22: “By the federal law BGBl. No. 243/1989, the § 210 StGB, the commercial same sex fornication with one person penalized male sex, repealed. This legal measure is the result of a detailed discussion, in which the proponents mainly argued that the countermeasures taken in connection with the spread of AIDS, in particular the implementation of regular examinations and the official registration of all prostitutes, were made by the general criminality of male homosexual prostitution would be severely impaired in their efficiency. "
- ↑ Roland Girtler : The line . Sociology of a milieu . 5th edition, Lit Verlag, Vienna, 2004. ISBN 3-8258-7699-3 . For the 5th edition: Retrospective Foreword , pp. 9–11.
- ↑ III. Epidemiology. (PDF) In: Health Report Vienna 1998. p. 133 , archived from the original on September 28, 2007 ; accessed on December 29, 2014 .
- ↑ The “oldest trade” is not one in Austria . Der Standard , May 25, 2007, p. 10. diestandard.at, June 28, 2007
- ↑ archiv.wien.gruene.at ( Memento of the original from January 30, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ a b c d e f APA Vienna: Number of registered sex workers almost fivefold in ten years . Der Standard , July 26, 2014, p 10. (Jul 27, 2014)
- ↑ a b c Prostitution: Relocation to Laufhäuser . ORF . Retrieved December 17, 2014.
- ↑ a b c d e Vanessa Gaigg: New large brothel in Wien-Mitte . Der Standard , June 1, 2018. (Jun 1, 2018)
- ↑ a b Offenses against sexual integrity and self-determination ( Memento of January 8, 2007 in the Internet Archive ) (July 31, 2006)
- ↑ PROSTITUTION IN AUSTRIA ( Memento of the original dated December 3, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ homepage.univie.ac.at (July 31, 2006)
- ↑ bka.gv.at ( Memento of the original from December 3, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. P. 53, footnote 105
- ↑ In the Rhine Valley instead of in the “clean Ländle” to the brothel: The factual prohibition of prostitution in Vorarlberg is leading to an accumulation of establishments in St. Gallen . In: Neue Zürcher Zeitung , July 29, 2011, p. 12
- ↑ Despite the ban: brothels continue to advertise. Kleine Zeitung , August 13, 2013, archived from the original on August 11, 2014 .
- ↑ Criticism of the planned change in social law for prostitutes. In: orf.at , November 19, 2015, accessed November 19, 2015.
- ↑ a b Forced prostitution: 21 women exempted . In: ORF .at , July 19, 2013. July 23, 2013
- ↑ a b c Prostitution in Austria. Legal situation, effects, recommendations ( Memento of the original dated November 14, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. P. 11
- ↑ a b c d e Der Standard , October 27, 2011, p. 10
- ↑ a b Prostitution allowed again from July 1st . In: ORF .at , June 25, 2020
- ↑ a b Prostitution allowed again in Austria from July 1st . In: Der Standard , June 25, 2020
- ↑ a b prostitution . In: Österreich-Lexikon AEIOU
- ↑ malmoe.org
- ^ A b Wiener Zeitung : Prostitution in Vienna ( Memento from October 9, 2006 in the Internet Archive ) . Tuesday October 10, 2006
- ↑ a b Roman David-Freihsl: Without protection as a “new kick” . Der Standard , May 25, 2007, p. 10. online version (May 28, 2007)
- ↑ Martina Stemmer: With new rules of the game against the grain . Der Standard , November 4, 2008. online version (Jan 14, 2009)
- ↑ Sandra Ernst Kaiser: There must be no prostitution . The Standard , June 24, 2012. online version (Jun 24, 2012)
- ↑ Julia Herrnböck: Viennese district director: "Wish me a ban on street prostitution" . Der Standard , March 26, 2013. (Jul 23, 2013)
- ^ Prostitution in Austria. Legal situation, effects, recommendations ( Memento of the original dated November 14, 2011 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. P. 12
- ↑ a b sjoe.at ( Memento of the original from October 9, 2010 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Interview with Eva van Rahden from SILA
- ↑ diesie.at Vienna Social Fund: Prostitution and Health
- ^ Julia Ortner: Unsettled voyeurs . ( Memento of February 12, 2012 in the Internet Archive ) In: Falter , 23/04, June 2, 2004
- ↑ wien.orf.at New Prostitution Act in force ORF November 1, 2011
- ↑ wien.orf.at Street prostitution moves to Liesing ORF August 21, 2013
- ↑ sophie.or.at (Feb. 10, 2014)
- ↑ solwodi.at (Feb. 10, 2014)
- ↑ herzwerk-wien.at (June 27, 2018)
- ↑ lena.or.at (Feb. 10, 2014)
- ↑ frauenservice.at ( Memento of the original dated February 22, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (March 14, 2014)
- ↑ caritas-kaernten.at (March 14, 2014)
- ↑ lefoe.at (February 10, 2014)
- ↑ maiz.at
