Institutional positions
How institutions frame sex work: protection, health, safety, oversight, and the limits set by Belgian and European law.
1. Scope
“Institutional positions” refers to the guidance and priorities expressed by public authorities (justice, social inspection, public health, local authorities) and by public or para-public bodies, when they regulate the lawful exercise of sex work.
2. Public policy objectives
- Protection of people against exploitation, violence and abuse.
- Legal clarity on what is permitted, what is prohibited, and where responsibilities lie.
- Effective access to rights through ordinary legal frameworks (work, social security).
- Public health: prevention, harm reduction and access to care.
3. Health and prevention
Public health policies generally emphasise access to information, prevention and harm reduction, without stigma. The institutional approach aims to make it easier to connect people with healthcare and specialised support services.
- Information on prevention and sexual health.
- Access to testing and healthcare.
- Referral to specialised services when needed.
4. Safety and tackling exploitation
A constant priority for authorities is combating trafficking and exploitation. Reporting mechanisms and the capacity to respond quickly in case of danger are central elements.
- Detection and reporting of abuse or coercion.
- Coordinated response where trafficking is suspected.
- Priority for cases involving minors or coercion.
5. Work and social rights
Institutions highlight integrating sex work into ordinary legal frameworks (contracts, contributions, social rights) when statutory conditions are met, to reduce precarity and grey areas.
- Recognition of lawful work arrangements and related protections.
- Greater clarity around responsibilities in organised settings.
- More stable access to social rights where conditions are fulfilled.
6. Data and confidentiality
Personal data processing in this area is considered sensitive. Institutions remind stakeholders that the GDPR applies and stress safeguards: restricted access, security, and proportionate retention periods.
- Access limited to authorised persons.
- Justification for access and internal traceability.
- Disclosure only within clearly defined legal frameworks.
7. Oversight and inspections
Inspections and oversight focus on compliance with the applicable framework: conditions of practice, employer/establishment obligations, combating exploitation, and compliance with social and tax requirements.
- Targeted checks focusing on risk situations and indicators of abuse.
- Administrative verification (status, declarations, obligations).
- Coordinated intervention where necessary.
8. Balances and tensions
Institutional positions aim to strike a balance between priorities that can pull in different directions: protection and autonomy, confidentiality and oversight, prevention and enforcement against abuse.
- Protect without increasing stigma.
- Oversee without normalising excessive access to data.
- Regulate while keeping effective avenues for remedy.