Belgium in the international context
Comparative reference points: regulatory models, international recommendations and the specific features of the Belgian approach.
1. Reference points
Legal frameworks governing sex work vary significantly from one country to another. Differences concern the degree of criminalisation (full or partial), recognition as a professional activity, health-related regulation, and mechanisms to combat exploitation.
2. Main regulatory models
- Criminalisation: prohibition of the activity and criminal sanctions.
- Partial criminalisation: activity tolerated, but related offences remain (organisation, premises, advertising).
- “Client criminalisation” model: criminalisation of the purchase of sexual services, with the objective of reducing demand.
- Regulatory model: administrative regulation (licensing, zoning, inspections, compliance obligations).
- Decriminalisation / ordinary law: removal from criminal law and governance through ordinary legal frameworks (labour, tax and social security law).
3. Belgian specificities
Belgium has opted for an approach centred on ordinary law, distinguishing voluntary practice by consenting adults from situations of exploitation or abuse.
- Removal of certain criminal offences directly linked to practice between adults.
- Reinforced legal framework against trafficking, coercion, violence and abuse of vulnerability.
- Development of a framework based on work, rights and obligations.
4. Rights and protection
In models oriented towards ordinary law, the objective is generally to reduce grey areas by facilitating access to social rights, declared work and effective legal remedies.
- Clearer access to social rights when the activity is declared.
- Availability of legal and social remedies in the event of disputes or abuse.
- Strengthened obligations for employers and establishments where the activity is organised.
5. Trafficking and exploitation
Regardless of the chosen approach, combating trafficking and exploitation is a shared priority of public policies.
- Priority given to investigations targeting networks, coercion and violence.
- Protection of victims and reporting mechanisms.
- Enhanced sanctions against perpetrators of exploitation.
6. Data and confidentiality
Internationally, a recurring issue concerns data protection in a sensitive field: limiting access, securing processing, and framing disclosures to authorities within clear legal bases.
- Application of general data protection rules.
- Proportionate retention periods and clearly defined purposes.
- Enhanced safeguards against disclosure and misuse.
7. Limits of international comparisons
International comparisons must take national contexts into account: organisation of social services, policing practices, health policies, migration frameworks, and differences in legal definitions.
8. Scope of this information
This page provides general reference points. It does not aim to rank models nor to replace official sources.