A Long History of Sex Work

De Wallen, Amsterdam’s renowned Red-Light District, intertwines vice, controversy, and eccentricity, attracting tourists from all over the world. The policies around sex work in the Netherlands have changed over the centuries. Some trace their origins to the historical power shifts between the Catholics and the Protestants in the country. Between the 14^th and 16^th century, districts such as De Wallen were viewed under Catholic rule as necessary outlets to maintain moral standards for the rest of society. However, they were formally outlawed during the predominantly Protestant Dutch Republic that lasted until 1795. Nevertheless, brothels continued to operate in disguise as other businesses or illegally.

The Modern Era

The legal code was further formalized in 1911, when the Dutch parliament passed the Act Against Immorality. It strictly banned brothels and pimping. Over the course of the 20^th century, the feminist movement and a liberal Dutch society increasingly viewed sex work as a regular form of work, even empowering for women, and a magnet for tourists. By the year 2000, the full legalization of prostitution became a reality and the profession became regulated. The Netherlands was able to capitalize on the economic benefits of the industry while still being wary of exploitation opportunities. Ongoing debates concerning legalized sex work in Amsterdam and other Dutch cities showcase the nuanced perspectives on the profession’s legitimacy.

Sex Work & Poverty

A widespread debate regarding prostitution pertains to its institutional acceptance as a profession, highlighting the tensions between moral values and feminist ideals. In many societies around the world, prostitution is viewed as a societal setback, correlated with vices, poverty and crime. In the United States, where prostitution is illegal, researchers of the National Library of Medicine (NLM) conducted a study on the financial lives of sex workers. They found that 72.5% of sex workers lived below the poverty line. Without the necessary resources to survive, individuals may also turn to other forms of crime to make ends meet. Moreover, many of these individuals also developed drug and alcohol dependencies as forms of coping mechanisms.

Sex Work as Representation

Sex work has been celebrated, as well as criticized. Feminist scholar Joyce Outshoorn published in The European Journal of Women’s Studies, viewing the profession as an expression of empowerment and free will. These scholars, and many sex workers, argue that the profession represents the ability of women to own their sexuality all while earning a living. Empowerment has also been expanded to include that of the LGBTQ+ community, as their representation within the Red-Light District has increased.

The Value of Sex Work

Sex work has been seen as an important element to local economic prosperity in Amsterdam. The estimated financial turnover of the sex trade in the Netherlands was estimated to be between €800 million and €1 billion in 2021. Although, definitions of legality and reporting methods are not standardized, it is apparent from the statistics that prostitution significantly contributes to Amsterdam’s tourism market.

Legal Regulations

Whilst sex work is legalized in the Netherlands, it is subject to heavy regulations, including requirements for permits and licenses. To be considered legal, sex workers must register with their municipality and often obtain a license. However, the lack of standardization across municipalities has resulted in varying requirements. Sex work also differs between brothels, windows, at-home services, etc. Regional differences can not only cause issues for the enforcement of these rules but also undermine the rights of sex workers. Inconsistent policies may ultimately limit the opportunities and employment freedoms if professional validity is restricted.

Costs of Legality

Another challenge for sex workers are the high costs that come with legality. In Amsterdam specifically, registration can cost around €75 and licensure between €300 to €600. A similar fee is due every year for annual renewal. Rent for windows or brothels may cost upwards of €100 a night, depending on the location and season. Moreover, To obtain registration in the Netherlands, a sex worker is required to have health insurance and a bank account. However, many sex workers have faced discrimination from institutions when trying to open an account due to the nature of their work. Although sex workers face numerous challenges under existing regulations, these policies are primarily designed as preventative strategies against the global crisis of human trafficking.

Sex Work and Human Trafficking

As a vast and lucrative industry, human trafficking occurs worldwide. And in a densely populated and tourism-driven city such as Amsterdam, it flourishes. The 2023 GRETA Report discussed how the Netherlands has increasingly become a country of destination for human trafficking. Moreover, the report states that approximately half of all trafficking victims were sexually exploited. Unfortunately, the true extent of human trafficking and sexual exploitation is expected to be far greater, due to the large number of cases that go unreported or uninvestigated. The Coalition Against Trafficking in Women explains that violence in sex work is extraordinarily difficult to regulate and often related to human trafficking.

Challenges in Combatting Human Trafficking

Already back in 2011, six UN agencies published the Joint UN Commentary on the EU Directive dealing with human trafficking. It stresses the importance of victim identification in tackling this issue. Deciphering between free will and forced prostitution can prove a challenging task. As a result, strain may be placed on the relationship between sex workers and law enforcement, deepening the problem of trust and cooperation. Strict regulations and a lack of trust in government officials can increase vulnerability by pushing individuals toward illegitimate means of survival. This may risk “exacerbating existing situations”, according to the commentary, and, in turn, harm the very individuals that authorities are trying to help.

A Balancing Act

Policymakers face the challenge of balancing the need to protect individuals against human trafficking while still promoting sex workers’ personal choices as well as their labor rights. In 2024, a bill submitted to the House of Representatives proposed to combat human trafficking by criminalizing serious labor abuses. This includes underpayment, poor living and working situations, and restrictions on personal freedom. While it is initially directed toward migrant workers and their exploitation, it could apply to forced prostitution overall, as these areas often overlap, and could even make identification of victims easier.