Konservativer Politikwechel und das Versagen einer schlecht gemachten Gesetzesreform in Holland:
Policy Change in Prostitution in the Netherlands: from Legalization to Strict Control
Joyce Outshoorn
Sex Res Soc Policy
DOI 10.1007/s13178-012-0088-z
Abstract
The Netherlands legalized prostitution in 1999 and is currently debating a new bill, the
‘Law regulating prostitution and suppressing abuse in the sex industry’.
The legalization made a distinction between voluntary sex work, which is legal, and forced prostitution, which remains a criminal offence.
In the 2000s, evaluations showed that, while there is a reasonably working legal prostitution sector, abuse, bad working conditions and trafficking still occur.
The media have played an important role in reframing the issue, and politicians have successfully set the revision of the legalization on the agenda, resulting in a new bill at the end of the decade. With this proposal and its framing of fighting human trafficking and organized crime, the
Netherlands is reneging [verleugnen] on its original progressive legalization by adopting a strict regulation of all prostitution [2011].
- Sex workers will have to register with the authorities;
- the age to work in the sex industry will be raised [from 18] to 21 years and
- clients have to check whether the sex worker is registered and not an undocumented worker [otherwise client will be criminalized].
This article accounts for these two major shifts in prostitution policy in the Netherlands and discusses the consequences for sex workers.
Conclusion
... 2008 The Sneep/Saban B./Turkish trafficker case with 78 women victims from .nl .de .eu in Amsterdam showed that even in the licensed sector forced prostitution occurred and that its victims were mainly Dutch and EU women and not the stereotypical poor girls from Eastern Europe.
The ‘numbers’ question [of victims] is unsolved and remains contentious [umstritten] in public debate.
... changing public opinion ... public trafficking and 'loverboy' panic ... 2007 new framing of the issue as the trafficking of (young) women and the need to fight organized crime.
... The KLPD report 2008 [Zentrale Polizeiforschungsstelle, vgl. BKA in Deutschland;-] had two important effects.
Firstly, it questioned the distinction between the licensed and nonlicensed sector, one supposedly clean and the other criminal.
Secondly, it also overturned the distinction between the emancipated prostitute from the EU and the sorry victims from non-EU countries, as most of the trafficked women turned out to be EU citizens, notably from the Netherlands and Germany.
For the rights of sex workers, the legal changes do not augur well. The bill does little to remedy the lack of social rights, and the
stigma of sex work remains intact, so that many sex workers prefer to remain anonymous. The proposed registration of prostitutes and the new age barrier to work are new infringements of their civic and social rights.
The right to work is 16 years in the Netherlands, and registration with the (local) state is an obligation which goes beyond the customary registration of businesses and professionals at the chamber of commerce for tax purposes. The
registration is a real danger to their right to privacy, more so, as the Dutch state has a bad record in safeguarding the privacy rights of its citizens (Kagie 2010).
Undocumented workers remain
open to blackmail because of their illegal status. The new legislation will make it harder for them to find work, as the client will run a risk using their services.
The cabinet will not extend humanitarian asylum status to trafficked women or grant work permits to non-EU prostitutes.
It has to be concluded that the state, by its slack implementation of the 2000 act and lack of attention to social rights in the proposed bill, is responsible for creating the bad working conditions, intimidation and blackmail itself.
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