German Commission Finds Significant Flaws in Prostitute Protection Act

Introduction to the Prostitute Protection Act

Germany's Prostitute Protection Act (ProstSchG), enacted on October 21, 2016, and coming into force on July 1, 2017, aimed to enhance the protection of individuals working in prostitution and to combat related criminal activities, including exploitation and human trafficking. This legislation replaced the earlier 2002 Prostitution Act. Key provisions of the ProstSchG included mandatory registration for individuals in prostitution, requiring a registration certificate often referred to colloquially as a 'whore ID' or 'whore pass', along with compulsory information discussions and health advice. Additionally, the act introduced permit requirements for all prostitution businesses and set a minimum legal age of 18 for engaging in prostitution.

Commission's Critical Findings

A German commission tasked with reviewing the ProstSchG has recently brought to light significant challenges, indicating that the law often fails to adequately protect vulnerable individuals. The commission's report suggests that the current legal framework and its enforcement are insufficient in preventing exploitation, trafficking, and coercion. Critics argue that the law has not met its objectives of improving the living conditions for those in prostitution or effectively assisting victims of violence and trafficking.

Specific criticisms include:

• The mandatory registration and 'whore ID' are perceived by interest groups and sex workers as measures that penalize and endanger them, reinforcing stigma and increasing surveillance.
• The identification process can expose individuals to further stigma, as it publicly reveals their profession and necessitates regular health consultations.
• Law enforcement officials have reportedly found it more difficult to combat trafficking and exploitation under the current act.
• The legislation is seen as overly focused on control rather than genuine protection, imposing disproportionate oversight on individuals in prostitution.
• Non-compliance with the act's obligations can lead to detention.
• The law's definition of coercion is considered too narrow, thereby limiting legal protection for many potentially trafficked individuals.
• Concerns have also been raised about the low rates of registration among individuals in prostitution.

Recommendations for Improved Safeguards

In response to these identified shortcomings, the commission has put forward several recommendations aimed at strengthening protections and improving the effectiveness of the law. These include:

• Establishing clearer criteria for identifying instances of coercion.
• Enhancing registration systems to better support exploited individuals.
• Strengthening measures specifically designed to combat human trafficking.
• Providing better training for authorities involved in the enforcement of the act.
• Implementing more robust responses to trafficking offenses.
• Launching public awareness campaigns to reduce stigma and foster greater cooperation from those affected.
• Considering the removal of mandatory registration requirements, bolstering anti-discrimination protections, and improving access to healthcare and financial services for individuals in prostitution.

Conclusion

The evaluation, being conducted by the Criminological Research Institute of Lower Saxony (KFN) on behalf of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ), is expected to deliver its final report by July 1, 2025. The findings underscore a critical need for legislative adjustments to ensure that the Prostitute Protection Act genuinely serves its intended purpose of protecting vulnerable individuals and effectively combating exploitation and trafficking within Germany's prostitution sector. The commission's work is anticipated to significantly influence potential legislative changes aimed at enhancing protection for sex workers and combating exploitation in this sector.