Sex work is a highly polarizing and controversial topic within feminist discourse. Some feminists advocate for sex work to be respected and regulated as a legitimate career choice. This is to ensure the safety of sex workers. Others, however, radically reject prostitution, seeing it as an expression of structural oppression and gender-based violence (‘paid rape’). In this context, the terms ‘sex work’ and ‘prostitution’ are interpreted not only as different job profiles, but also as ideological standpoints.
The social debate is influenced by different models for regulating sex work, such as the Swedish model, which criminalizes the purchase of sexual services. Sweden introduced this model in 1999 with the aim of making sex buying illegal and punishing punters. Numerous European countries have adopted this model. The success of this model cannot be clearly proven scientifically. Neither the deterrence of clients nor a decline in supply could be statistically proven.
However, the criminalization of sex work results in a greater dependence on third parties, such as landlords, since apartments must no longer be rented to sex workers. This leads to sex work being offered in precarious and unsafe locations. The ban also worsens health care and increases the risk of violence.
Ireland introduced a sex purchase ban based on the Nordic model in 2015, but an evaluation three years later showed no reduction in the supply and demand of sexual services. Instead, sex workers reported increasing discrimination and marginalisation. The ban also makes police investigations more difficult because the services take place in secret. Overall, it can be seen that a ban on the Nordic model is more likely to push sex workers into illegality and make their work more difficult.
In the summer of 2023, the European Court of Human Rights in Strasbourg allowed the appeal against the French ban on prostitution. 261 sex workers had filed a complaint against the ban under the ‘Nordic model’. The plaintiffs, who work legally as prostitutes, argued that criminalizing clients pushes sex workers into illegality and isolation, exposes them to increased risk to their physical safety and their lives, and limits their freedom and agency. The court stated that a law that theoretically aims to protect sex workers actually makes their work more difficult.
‘The question that keeps coming up is, “Do you want your daughter to do this?” That’s the wrong question. Instead, imagine that she does. How safe is she at work today?’ ‘What you never hear is the question, “And what should sex workers do?” After all, they are the ones most affected by these laws.’ – Juno Mac
In this complex situation, the question of real equality and self-determination for women in sex work remains central. The feminist discussion must therefore not only take into account the moral and ethical aspects, but also find practical solutions to improve the living conditions of sex workers and protect their rights. Without restricting their freedom of choice.