Prostitution

In the beginning of the nineteenth century the armies of Napoleon started to regulate prostitution in the Netherlands to protect their soldiers against venereal diseases. Prostitutes were forced to register and were subjected to mandatory medical examinations. After the French occupation the Dutch government eventually stopped regulating prostitution, only to slowly begin to regulate it again in the same way as during the occupation.

Many scientist in the nineteenth century believed that sexual abstinence for men was unhealthy. In their eyes it was unavoidable that a number of women, belonging to the lower class, had to be sacrificed as prostitutes in order to spare the rest of the women. Despite this glorified vision of the roots of prostitution, prostitutes were still despised and portrayed as disgusting creatures; and were pushed to stay outside society.

In the first half of the twentieth century sexual morals were still very strict. In 1911, prostitution was regulated by law. To run a brothel became illegal, although prostitution was not forbidden. Prostitutes were regarded as victims, and the anti-prostitution movement focused on rehabilitating and resettling them.

During the sixties a revolution in the approach to sex and sexuality happened. Sexual morals became looser and women's sexuality was starting to be acknowledged. The general view of prostitution was no longer as of a sin. An approach based on toleration was installed on the grounds that prostitution have "always been there"; and that it would be a way of stopping some men from harassing "ordinary" girls.

Feminists were divided about the issue of prostitution. Some feminists saw it as a right for women to work as prostitutes, just as women should be allowed to control their womb. Others couldn't imagine women voluntarily choosing prostitution as a mean of living, instead seeing prostitutes as victims of patriarchy, who ought to be saved.

During the second half of the twentieth century, prostitution was condoned by many local governments. The police only interfered when public order was at stake or in cases of human trafficking. Brothel prohibition was perceived as an obstacle to regulate the sex industry, leading many municipalities, during the eighties, to urge the national government to lift the ban on brothels.

In the year 2000 the Dutch government decided after many years of debate to lift the so called 'brothel ban', intending to create a pragmatic control of the trade, as well as easing actions upon sexual violence and the abuse of prostitutes in a more efficient way.

The Netherlands is known as a country of tolerance and openness, as long as the public order is maintained.

Prostitution in the Netherlands is legal. However, prostitutes must be at least 18, while for non-commercial sex the age of consent is 16. Clients must be at least 16. Violation of either age limit is a crime for the other party, and leading possibly to a charge with pimping. Prostitutes pay taxes and are considered as regular self-employed tradespersons, although there are not always self-employed.

A study by the Dutch Ministry of Foreign Affairs in 2000 estimated that there are a total of between twenty thousand and twenty-five thousand prostitutes in the Netherlands on a yearly basis and working in several types of prostitution. The most regular form is in sex clubs and private houses, the last meaning brothels without a bar where prostitutes are directly introduced to the clients in a separate room.

Approximately 45% of the prostitutes work in this type of prostitution, 20% works in window prostitution, 15% in the escort, 5% on the streets, and 5% in their own homes. An estimated 10% works in other types of prostitution, like massage parlors, sexshops, sex theaters and bars. (Numbers based on estimates in 1998-1999).

Brothels need to be registered and to get a licence. Brothels that do not work according to the law loose their licence. It now often happens in the Netherlands that brothels are closed down. License can be withdrawn if the police find illegal workers or if the working conditions are not according to regulations.

Today, a legal prostitute is in a position to defend her/his rights as other workers do, and this potentially improves the position of migrant sex workers. However, many non-EU migrant sex workers are working under slave-like conditions since they don't have a legal status or a work permit. They suffer harsh treatment (e.g. forced drug use), exploitation, are denied the access to social benefits, and refused registration by banks, as well as by insurance companies.

In April 2000 the Netherlands have appointed a National Rapporteur on Trafficking in Human Beings, with an independent status, to collect information (facts and figures, results and impact of the Dutch policy) and to report to the Dutch government. Their annual report gives an overview of the characteristics and the scale of this phenomenon in the Netherlands.