Why Belgium decriminalised sex work
The objectives of the 2022 reform, the problems it seeks to address, and the principles that guide it.
1. Initial findings
Before the reform, Belgium faced several major problems:
- Legal uncertainty — Sex work was neither clearly prohibited nor clearly allowed. Those who practised it lived in a permanent grey area, without access to social rights or the protection of labour law.
- Difficulty distinguishing voluntary work from exploitation — Without a clear legal framework, law enforcement struggled to separate consensual sex work from situations of exploitation and trafficking.
- Lack of protection — No employment contract, no social contributions, no health insurance, no recourse in case of violence or disputes with an employer.
- Stigmatisation — Legal ambiguity reinforced the marginalisation of those involved and made them more vulnerable to exploitation.
2. Objectives of the reform
Protect sex workers
By removing voluntary activity from the scope of criminal law and creating a specific employment contract, the law gives sex workers concrete rights: right of refusal, protection against unfair dismissal, access to social security, regulated working conditions.
Better combat exploitation
By drawing a clear line between legal work and criminal offences, the law makes it easier to detect and prosecute pimping, human trafficking and all forms of exploitation. Penalties for these offences are maintained, and in some cases strengthened.
Regulate the sector
Mandatory employer accreditation, social inspections, hygiene and safety requirements, and advertising rules create a structured framework that enables effective oversight of the activity.
Ensure legal certainty
Every actor — worker, employer, platform, municipality, police — now knows precisely what is allowed and what is prohibited. This ends decades of contradictory interpretations.
3. Guiding principles
- Consent — Consent is at the heart of the reform. It must be free, informed, and may be withdrawn at any time (art. 417/5 of the Criminal Code). The sex worker may refuse any act or client without consequence (art. 7 of the law of 3 May 2024).
- Adult age — Only persons aged 18 and over may engage in sex work. Any involvement of minors remains a severely punished crime.
- Freedom to leave — The worker may terminate their contract at any time, without notice or compensation (art. 8). No one may take measures to make leaving prostitution more difficult.
- Employer responsibility — The employer is responsible for safety, hygiene and well-being at work. They must obtain accreditation, comply with strict conditions, and may have their accreditation withdrawn in case of non-compliance.
- Evaluation and transparency — The law provides for a multidisciplinary evaluation by the House of Representatives (art. 433quater/8), involving sector experts, associations, academics and workers' representatives.
4. The evaluation provided for by law
Article 433quater/8 of the Criminal Code provides that the House of Representatives shall evaluate the application of the provisions on abuse of prostitution two years after their entry into force, and then every four years. This evaluation is multidisciplinary and draws on the expertise of representatives from the judiciary, police, public bodies, civil society organisations and academic experts. The areas covered include the fight against trafficking, support for sex workers, gender equality, social rights and access to healthcare.