What Would Happen If We Legalized It All? Achievements and Challenges of the Sex Trafficking “Legalization Model” in the Netherlands

The prostitution side should be punished as well!” This has led to efforts to revise the Anti-Prostitution Law. What kind of regulations are in place in countries around the world to control sex trafficking? In the second installment of his series, sex journalist Akira Ikoma introduces countries that have introduced “legalization models.

The Netherlands, a leading country in legalization

Japan prohibits sex trafficking under its Anti-Prostitution Law, but there are countries such as the Netherlands, Germany, Spain, and Switzerland that have legalized the practice.

In general, legalization means recognizing sex trafficking as “labor” and “creating a system of conditional permission” for the state to control and regulate it. The state establishes specific laws to control sex trafficking and permits it as long as it fits within the regulations. Third parties, such as pimps and managers, would be legal under the regulations.

In many cases, a “special zone system (zoning)” is introduced to permit business mainly in limited areas, and a “licensing system” is introduced to issue licenses and permit those who meet the standards to operate.

The goal of legalization is to “take sex work out of the darkness, and to do it in a safe environment and under control. By recognizing prostitution as “work/occupation (sex work),” the aim is to improve the rights, health, and working environment of sex workers.

The Netherlands is representative of countries that have legalized sex trafficking. In the Netherlands, sex trafficking is a “legal act based on the free will of the individual,” and the majority of the population considers prostitution to be an “acceptable profession” to the extent that it is generally said that ” it is so obvious that prostitution is legal that it is not even discussed” and “I never thought that prostitution was illegal. Prostitution is considered an “acceptable profession” by the majority of the population, to the extent that “it is so commonplace that it is not even discussed. This is clearly demonstrated by public opinion polls. The system has been called the “legalization model” because of its strong respect for the self-management of the industry and the autonomy of sex workers.

Sex workers are considered “common workers” and are either registered as self-employed or hired as employees to obtain permission to engage in prostitution. They are required to undergo regular medical examinations and STD testing, are obliged to pay taxes, and are covered by social security.

Prostitution itself is free as long as it is within the limits of the law. However, trafficking in persons, prostitution of minors, and prostitution not of one’s own free will, i.e., forced by others, are strictly prohibited.

In addition, sex trafficking is not allowed anywhere. For example, prostitution at home, in hotel rooms, or on the street is prohibited. The business areas and types of business are determined for each region, protecting both the workers and the city.

History of Sex Trafficking in the Netherlands

The Netherlands has always “tacitly approved” of sex trafficking. The prostitution zone in Amsterdam, the capital of the Netherlands, began around the 13th century, and by the 16th century, as an international port city, merchants and sailors gathered, and brothels increased. The government adopted a policy of maintaining public health by tacitly controlling, rather than regulating, these establishments.

In the 19th century, the spread of sexually transmitted diseases became a social problem. As a result, increased surveillance of brothels and mandatory medical examinations for sex workers were instituted; in the early 20th century, brothels were banned, but continued under cover.

After World War II, economic turmoil forced impoverished women to turn to prostitution for a living. Because social security was inadequate, prostitution took root as a “way of life. Eventually, as the law could not ban prostitution, the local authorities allowed women to offer their services as long as they did not tout outdoors. This was the beginning of the “decorative windows” mentioned above.

In the 1960s, the view of the sex industry changed to “less taboo” in Europe as a whole. In the 80s, sex workers’ rights groups were formed and demands for better working conditions grew. In the 1990s, there was a lively debate on whether sex work should be recognized as an official profession, and in 2000, it was legalized.

Behind the legalization of prostitution in the Netherlands is a spirit of freedom and generosity of desire that has taken root among many people. At the root of this spirit is “thorough individualism. Sexual desire is an inherent human desire, and if prostitution is the free will of the sex worker who engages in it, then the decision to take advantage of the opportunity should be left to the individual concerned.

Sex workers are not seen as “victims” but as adults who are in the profession of their own volition. Safety and pride are protected by being socially recognized as a profession.

The government has a policy of “maintaining public safety by controlling rather than completely banning prostitution. Banning all prostitution unnecessarily will not destroy it. If anything, it is easier to crack down on prostitution if the law clearly defines what is legal and what is against the rules,” and “for people who are unable to engage in normal sexual activity for whatever reason, having an outlet will help them avoid crime.

Facts about Amsterdam’s Decorative Windows

De Wallen (Dutch for “canal bank”), a famous prostitution district in the center of Amsterdam, is known for its “decorative windows,” where women in their underwear show their bodies through the red window frames of the buildings to attract customers. The area is known for its “decorative windows.

This so-called “Red Light District” is a government-regulated prostitution district. The women rented small rooms with large windows facing the street and touted their wares, an old-fashioned form of prostitution unique to the Netherlands.

Today there are about 250 decorative window stores. In recent years, the area has become a world-class tourist destination, attracting more than 2.5 million visitors every year. The city is in turmoil with tourists who gather day after day, night after night, causing a deterioration of public safety and noise pollution to residents. On weekends, the number of groups of soon-to-be-married men and their friends who want to spend their last night as bachelors in a big party and groups of young people who want to drink alcohol increase.

To solve the problem, the city banned guided tours of the district in ’19, and accelerated late-night closing hours. In addition, measures are being envisioned to reduce the burden concentrated in the decorative window district by establishing “erotic centers” for legal sex trafficking elsewhere in the city. While some have expressed good opinion of such a move as increasing opportunities for legalized sex trafficking, others are concerned that it will rather reduce the current attractiveness of the Decorative Window District.

Is the Dutch “legalization model” right?

The good thing about the legalization model is that it improves the social status of sex workers. Since they are not branded “illegal,” they do not have to fear arrest by the police, and they can appeal for better rights. Buyers are less likely to have to deal with the illegal black market.

The Dutch refreshingly insist that “the culture of sex trafficking is a proper adult pastime. They are surprised that a developed country with a thriving sex trade like Japan does not have proper legal protection for sex workers.

Sex trafficking is a legitimate occupation in every country, and it is a high-risk occupation that poses a high risk to the body and mind,” he said. It is an occupation that requires insurance, medical checkups, and high costs. Sexual services are not cheap, so legalizing it and requiring people to pay taxes would bring in a ridiculous amount of tax revenue. It is not right to keep them illegal. This is an argument that can only be made in the Netherlands, the “land of the free.

However, even though it is a “normal job” according to the law, as long as stigma and economic disparity remain, sex workers will continue to be in a weak position. Therefore, it is said that the working environment has not improved as much as expected.

Furthermore, legalization sends the message that “society has accepted sex trafficking as a profession,” which itself increases the demand for sex services and expands the sex trafficking market. The increase in demand will require an increase in the supply of sex workers, but there are not enough women who willingly engage in sex trafficking, so traffickers will move into the market.

Conversely, if the market is in a state of oversupply, prostitution prices may fall, and sex workers may fall on hard times as competition intensifies and services become more extreme. It seems that there are still many issues to be addressed.

In Part 2, we will discuss the actual situation and problems of “legalization” in Germany.

Legalization has made the sex industry a major player in Germany, which is called the “brothel of Europe” and is facing a “darkness.

References

Sex Work Studies, SWASH (ed.), Nippon Hyoronsha, 2018.

Sexual Self-Determination: The Original Theory, Shinji Miyadai, Yukiko Hayami, Naoei Yamamoto, Yoshiko Miya, Seiji Fujii, Hiroaki Hirano, Noriko Kanazumi, Yuji Hirano, Kinokuniya Shoten, 1998.

Sex for Sale,” Ronald Weitzer (editor), Miki Kishida (translator), Goichi Matsuzawa (editor), Pot Publishing, 2004

Zero Overtime, Zero Tuition, and a Prosperous Country: The Netherlands”, Naoko Richters, Kobunsha, 2008.

In addition, numerous other books and online media were referenced.