Prostitution Act
Prostitutionsgesetz (ProstG) 

Act regulating the legal situation of prostitutes (Prostitution Act – ProstG) of 20 December 2001

The Prostitution Act, which entered into force on 1 January 2002, improves the legal and social situation of prostitutes.

The objective of the Prostitution Act is to counteract the former legal disadvantages of prostitutes and to facilitate their social security. At the same time, and the criminal offence of causing/encouraging prostitution or procuration was revoked to the extent that brothel operators do not commit a criminal offence simply by wanting to create more favourable or safer working conditions for prostitutes.

The Prostitution Act clearly states that prostitutes establish their claim to the agreed compensation by providing the agreed sexual service. On the basis of the Prostitution Act, prostitutes may also perform their activity in a situation of gainful employment which is subject to social security contributions. The employer’s the right to give instructions is restricted, however; prostitutes may refuse to serve certain customers or to perform certain sexual practices, and they may entirely renounce prostitution at any time.

The exploitation of prostitutes, trafficking and the prostitution of minors continue to be punishable offences.

The Federal Government’s report on the impact of the Prostitution Act, which was presented on 24 January 2007, examines to what extent the objectives of the Act entering into force in 2002 have so far been realised in practice, and presents the Federal Government’s perspective on the resulting need for action.