“What If We Just Legalized It?” The Successes and Challenges of the Dutch Model for Legalized Sex Work
Sex Trafficking and the State in the World (Part 1)
Calls to “Punish the buyers as well!” have sparked efforts to review Japan’s Anti-Prostitution Law. As regulations surrounding sex work come under scrutiny, how are other countries regulating it? In the second installment of adult industry journalist Akira Ikoma’s series examining Japan’s future through international examples, he introduces countries that have adopted the legalization model.
The Netherlands: The leading example of legalization
While Japan prohibits prostitution under the Anti-Prostitution Law, countries such as the Netherlands, Germany, Spain, and Switzerland have legalized it.
Generally, legalization means recognizing sex work as labor and creating a system that allows it under certain conditions so that the state can manage and regulate it. The government establishes specific laws to regulate the sex trade, permitting activities that comply with those rules. Third parties such as brokers and business operators are also made legal under the regulatory framework.
Systems commonly introduced include special zoning districts, which limit where businesses may operate, and licensing systems, under which only those who meet specified standards and obtain licenses are allowed to operate.
The objective of legalization is to bring sex work out of the shadows and place it in a safe and regulated environment. By recognizing prostitution as work or an occupation (“sex work”), the aim is to improve the rights, health, and working conditions of sex workers.
The Netherlands is one of the best-known examples of a country that has legalized sex work. There, prostitution is regarded as a lawful act based on an individual’s free will, and it is commonly said that the legality of prostitution is so taken for granted that it is not even a subject of debate, or “I never even considered that prostitution could be illegal.” Public opinion surveys have clearly shown that the overwhelming majority of Dutch citizens regard prostitution as an acceptable occupation. The Dutch system places strong emphasis on industry self-regulation and the autonomy of sex workers, which is why it is often referred to as the legalization model.
Sex workers are treated as ordinary workers. They obtain permission to engage in prostitution by registering as self-employed individuals or by being employed as workers. They are required to undergo regular health checkups and sexually transmitted infection screenings and must pay taxes, while in return they are eligible for social security benefits.
As long as activities remain within the bounds of the law, the buying and selling of sexual services is permitted. However, human trafficking, prostitution involving minors, and prostitution that is not based on the free will of the individual—that is, prostitution coerced by others—are strictly prohibited.
Furthermore, prostitution is not permitted everywhere. For example, operating from private homes, hotel rooms, or on the street is prohibited. Each region determines designated business areas and permitted business formats, creating a system intended to protect both those who work in the industry and the surrounding community.
The history of sex work in the Netherlands
The Netherlands originally took a policy of tolerating prostitution. The prostitution district in Amsterdam, the country’s capital, dates back to around the 13th century. By the 16th century, as Amsterdam had become an international port city, merchants and sailors gathered there, leading to an increase in brothels. Rather than regulating them strictly, the government chose to tolerate and manage them as a means of maintaining public health.
In the 19th century, the spread of sexually transmitted infections became a social problem. As a result, surveillance of brothels was strengthened, and health examinations for sex workers became mandatory. Although brothels were officially banned in the early 20th century, they continued to operate clandestinely.
After World War II, economic turmoil forced many women living in poverty to turn to prostitution as a means of earning a living. Because social welfare systems were inadequate, prostitution became established as a means of survival. Eventually, local authorities concluded that prostitution could not be eliminated through legislation alone and permitted the provision of sexual services as long as workers did not solicit customers outdoors. This marked the beginning of the famous window prostitution system discussed later.
During the 1960s, attitudes toward the sex industry across Europe shifted away from treating it as a taboo. In the 1980s, organizations advocating for the rights of sex workers were established, and calls for improved working conditions grew stronger. During the 1990s, debate intensified over recognizing sex work as a legitimate occupation, ultimately leading to legalization in 2000.
One reason prostitution is legal in the Netherlands is the deeply rooted cultural value of freedom and tolerance toward individual desires. At the core of this philosophy is a strong commitment to individualism. The prevailing view is that sexual desire is a natural human impulse, and if prostitution is based on the sex worker’s own free will, then the decision of whether to make use of that opportunity should be left to the individuals involved.
Sex workers are viewed not as victims but as adults who have chosen this profession of their own free will. Because the occupation is socially recognized, their safety and sense of dignity are considered to be protected.
The Dutch government has adopted the policy that maintaining public order through regulation is preferable to attempting a complete ban. The reasoning is that prohibiting all prostitution indiscriminately will not eliminate it. Instead, enforcement becomes easier if the law clearly defines what is legal and what constitutes a violation. Another argument is that for people who, for one reason or another, are unable to engage in ordinary sexual relationships, having an outlet may help prevent crime.
The reality of Amsterdam’s window prostitution district
Amsterdam’s famous prostitution district, De Wallen (Dutch for “the canal embankments”), located in the city center, is known for its window prostitution, where women in lingerie display themselves from behind red-framed windows to attract customers.
Commonly known as the Red Light District, it is a government-regulated prostitution area officially recognized by the state. The practice of women renting small rooms with large windows facing the street and soliciting customers from inside is a traditional form of prostitution unique to the Netherlands.
Today, there are approximately 250 window establishments. In recent years, the district has become a world-famous tourist attraction, drawing more than 2.5 million visitors annually. The constant influx of tourists has led to overcrowding, deterioration of public safety, and noise pollution affecting local residents. On weekends, the area sees increasing numbers of groups of men celebrating bachelor parties with loud festivities, as well as groups of young people visiting primarily to drink alcohol.
To address these problems, the city banned guided tours of the district in 2019 and moved up the mandatory closing time for businesses late at night. In addition, there are plans to establish an “Erotic Center” elsewhere in the city where legal sex work could take place, with the aim of easing the concentration of activity in the Red Light District.
While some support these measures as a way to expand opportunities for legalized sex work, others have expressed concern that they could instead diminish the unique character and appeal of the current Red Light District.
Is the Netherlands’ legalization model the right approach?
One advantage of the legalization model is that it can improve the social status of sex workers. Since they are no longer branded as criminals, they do not have to fear arrest by the police and are able to advocate for improved rights. Buyers, too, have less need to turn to illegal underground markets.
The Dutch openly assert that the culture of commercial sex is a legitimate form of adult entertainment. They are also surprised that advanced countries such as Japan, where the adult entertainment industry is widespread, do not properly protect sex workers through the law.
Their reasoning is as follows:
“Sex work exists in every country as a legitimate occupation, and it is a profession that carries significant physical and psychological risks. Because of the nature of the job, insurance and regular health examinations are essential, and operating costs are high. Sexual services are not inexpensive, so legalizing the industry and imposing tax obligations would also generate substantial tax revenue. Keeping it illegal makes no sense.”
This perspective could be described as characteristic of the Netherlands, often referred to as the land of freedom.
However, even if sex work is legally treated as an ordinary job, sex workers remain in a vulnerable position as long as social stigma and economic inequality persist. As a result, some argue that working conditions have not improved to the extent that legalization’s supporters had hoped.
Furthermore, legalization sends the message that society recognizes sex work as a legitimate occupation. This, in itself, can increase demand for sexual services and expand the commercial sex market. As demand grows, more sex workers are needed, but because there are not enough women who voluntarily choose to enter the industry, human trafficking organizations may become involved to fill the gap.
Conversely, if the market becomes oversupplied, the price paid for sexual services may decline, or intensified competition may lead businesses to offer increasingly extreme services, potentially placing sex workers in even more difficult circumstances. It appears that many challenges remain.
In the latter half of this series, the author explains the realities and problems surrounding Germany’s legalization model.
References
“Sex Work Studies,” edited by SWASH, Nihon Hyoronsha, 2018
“The Principles of Sexual Self-Determination,” Shinji Miyadai, Yukiko Hayami, Naohide Yamamoto, Yoshiko Miya, Seiji Fujii, Hiroaki Hirano, Noriko Kanazumi, Yuji Hirano, Kinokuniya, 1998
“Sex for Sale,” edited by Ronald Weitzer, translated by Miki Kishida, supervised by Goichi Matsuzawa, Pot Publishing, 2004
“The Netherlands: A Prosperous Country with Zero Overtime and Zero Tuition,” Naoko Richter, Kobunsha, 2008
In addition, numerous other books and online sources were consulted.
Interview, text, and photos： Akira Ikoma