Sex Worker Identification in Germany: Stigmatization or Safety Measure for Prostitutes?
Overhauling Germany's Prostitution Protection Act: 'Nothing about us, without us'
On October 21, 2016, Germany enacted the Prostitutionsschutzgesetz (ProstSchG), a law governing the sex industry and offering worker protections. Nearly half a decade later, the legislation remains debatable. Whilst advocates argue it offers critical safety measures, critics claim it harms sex workers by fueling stigma and increasing surveillance.
The ProstSchG's core provision, implemented in July 2017, mandates sex workers to register with the Ordnungsamt and carry a certificate, colloquially referred to as the 'Hurenpass' or 'whore ID.' The intention behind this measure was to assure access to legal protections and combat human trafficking. However, sex workers assert that this ID serves as another source of stigma, due to its public disclosure of their profession to authorities and mandatory health counseling attendance.
"It's our lives, jobs, and safety that are impacted by these policies," says Lilli Erdbeermund, a sex worker and employee of sex work advocacy group BesD. "Being forced to carry a whore ID doesn't offer protection to sex workers, it poses a risk."
Under the ProstSchG, police are also granted permission to inspect the private residences of registered sex workers. Peer-to-peer support network Trans*Sexworks points out that the legislation was never meant to 'protect' them, but instead, to police them. "With the ProstSchG, the basic right to privacy of the home for sex workers is limited," they explain.
This high degree of oversight and potential barriers like residency status has led some to operate without registration. Sex Worker Action Group (SWAG), based in Berlin, observes that this deepens industry divisions, forcing unregistered workers into more insecure environments such as hotels, private apartments, and streets. "Sex workers who are migrants, marginalized, or vulnerable work illegally," explains Alex, a SWAG member. "This hinders access to their own rights."
While Germany's current approach legalizes sex work, advocacy groups call for decriminalization. "Decriminalization describes the elimination of laws that criminalize sex workers specifically, and thoughtful measures to secure against work-related health and safety risks, like those common in other industries," Erdbeermund elaborates.
This is a significant step toward reducing stigma and promoting social acceptance. Nations like New Zealand, which passed the Prostitution Reform Act in 2003, and Belgium, the first European nation to decriminalize sex work in 2022, serve as shining examples. As of December 1, 2024, Belgium's new law guarantees sex workers formal employment rights, such as health insurance and paid leave, whereas Germany's legalization allows sex work without the same labor protections. "Sex workers worldwide are fighting for the decriminalization of our work," says Trans*Sexworks. "This is a crucial step toward reducing stigma and promoting social acceptance."
Even if the ProstSchG persists, possible reforms include removing mandatory registration, enhancing anti-discrimination protections, and improving access to healthcare, financial services, and peer-led support throughout the nation. "In Berlin, we may have relatively good infrastructure," says Alex, but they emphasize that outside the city, the situation is more challenging.
Regrettably, sex workers are often kept out of policy-making discussions. "Historically, laws are made against sex workers," says Trans*Sexworks. "But it's our lives, jobs, and safety that are affected by these policies. We know best what we need." Alex echoes this sentiment: "There is the prominent slogan in the sex worker movement, 'Nothing about us without us', which reflects that sex workers are usually spoken about rather than listened to."
In an effort to change the dynamic, SWAG and Trans*Sexworks organized a series of workshops titled "Sex Workers Write the Law." Partnering with local counseling centers like SMART Berlin and Hydra, these workshops provide a platform for sex workers to voice concerns, draft legislative adjustments, and demand that their voices be heard in the decision-making process. "We hope that our demands will be taken up, carried on and addressed where decisions are being made, ideally, with us together," says Alex. "But even if politicians and lawmakers revert to their habit of speaking about us and not with us, with our demands, critiques, and proposals for change being documented on paper, there will be no excuses such as 'we didn't know'."
Political Stances:
The Nordic model, criminalizing the buying of sex, sparks heated debates in German politics. Here's a snapshot of the parties' standpoints on the issue:
SPD - Divided
- antitrafficking measures but undecided on broader reforms. A spokesperson acknowledges the party's internal divisions, stating they await the outcome of the pending law review and will "evaluate accordingly."*
CDU/CSU - Supports
proposed a Bundestag motion in February 2024 titled "Punish the purchase of sex."
Greens - Opposes
did not comment, but MP Denise Loop opposed the 2024 motion, arguing that it fails to combat trafficking.
FDP - Opposes
supports voluntary sex work while prosecuting forced prostitution. From their press office: "We reject the Nordic model approach and ... are committed to the rights of self-determined sex workers."
AfD - Opposes
did not respond, but MP Thomas Ehrhorn rejected the 2024 motion, calling it "well-intentioned" but claiming that "the implementation is absurd."
Die Linke - Opposes
recognizes sex work as labor and calls for decriminalization. "Decriminalization and protection go hand-in-hand," says MP Cornelia Möhring.
- Advocacy groups in Germany, such as Sex Worker Action Group (SWAG) and Trans*Sexworks, plead for decriminalization, a measure that eliminates laws criminalizing sex workers and ensures safety measures.
- The Prostitutionsschutzgesetz (ProstSchG), a German law governing the sex industry, is debatable, with some arguing it offers safety while others claim it harms sex workers by fueling stigma and increasing surveillance.
- Sex workers like Lilli Erdbeermund from BesD assert that the ProstSchG's mandated ID card poses a risk due to its public disclosure and mandatory health counseling.
- Under the ProstSchG, police are granted permission to inspect the private residences of registered sex workers, a measure criticized for limiting their right to privacy.
- This high degree of oversight and the potential barrier of residency status has led some to operate without registration, causing sex workers to work in more insecure environments and hindering access to their own rights.
- Sex workers worldwide, including in nations like New Zealand and Belgium, are fighting for decriminalization, a step that could reduce stigma and promote social acceptance, and also guarantee formal employment rights.
