Legislative evolution
From the old criminal regime to the law of 3 May 2024: how Belgium built a comprehensive legal framework for sex work.
1. Before 2022: the grey area
For decades, Belgium found itself in a paradoxical situation: prostitution was not explicitly prohibited, but everything surrounding it (organisation, advertising, use of premises) was criminalised. Sex workers had no clear legal status, no recognised employment contract, and lived in permanent legal insecurity.
2. The reform of 21 March 2022
The law of 21 March 2022 profoundly reformed the Criminal Code in matters of sexual criminal law. It is the first pillar of the new legal framework.
What the law created
- A legal definition of consent in sexual matters (art. 417/5)
- A new chapter on abuse of prostitution (art. 433quater/1 to 433quater/8)
- Precise rules on advertising (art. 433quater/2)
- A mandatory evaluation by Parliament (art. 433quater/8)
What the law maintained
- Pimping: 1 to 5 years imprisonment (art. 433quater/1)
- Exploitation of minors: 10 to 30 years (art. 417/25 to 417/42)
- Aggravated abuse: 10 to 15 years (art. 433quater/4)
- Public incitement to prostitution: 1 month to 1 year (art. 433quater/3)
3. The law of 3 May 2024: the employment contract
This law creates a genuine sex worker employment contract. It entered into force on 1 December 2024.
Workers' rights
- Refuse any act or client at any time (art. 7)
- Leave the job without notice (art. 8)
- Salary maintained when exercising right of refusal (art. 7, §2)
- Protection against dismissal — 6 months' compensation (art. 7, §6)
- Full social security
Employer obligations
- Mandatory accreditation (art. 11-16)
- Legal entity only: Ltd, cooperative or non-profit (art. 14)
- Clean criminal record for directors (art. 14, 4°)
- Person of reference available at all times (art. 17, 3°)
- Panic button in every room (art. 17, 5°)
Prohibitions
- No minors (art. 4)
- No student contracts or flexi-jobs (art. 5)
- No secondment to a third party (art. 5)
4. Royal Decrees (2024)
- RD of 18 May 2024 — Advertising: platform obligations.
- RD of 12 September 2024 — Inspections: competent services designated.
- RD of 20 October 2024 — Working conditions: minimum room size 8 m², hygiene, panic button.
- RD of 20 October 2024 — Employer accreditation procedure.
- Brussels Decree of 16 May 2024 — Urban planning permits for prostitution salons.
5. 2026 update
The law of 16 March 2026 made technical adjustments to the Social Criminal Code and the law of 3 May 2024. The substance of the legal framework remains unchanged.