SEX WORK SEX WORK MIGRATION MIGRATION HEALTH HEALTH A report on the intersections of legislations and policies regarding sex work, migration and health in Europe SEX WORK | MIGRATION | HEALTH SEX WORK | MIGRATION K K TAMPEP [ [ [ [ K K " [ K K " [ K K " ) " ) ) " ) " ) SEX WORK MIGRATION HEALTH [ [ [ [ K K " [ K K " [ K K ) ) ) " ) " ) " ) SEX WORK | MIGRATION | HEALTH A report on the intersections of legislations and policies regarding sex work, migration and health in Europe European Network for HIV/STI Prevention and Health Promotion among Migrant Sex Workers Main coordinator: Licia Brussa TAMPEP International Foundation Obiplein 4 1094 RB Amsterdam, Netherlands Tel: +31 20 692 6912 Fax: +31 20 608 0083 [email protected] www.tampep.eu This Report is based on contributions from all 26 member organisations of the TAMPEP network. It was compiled within the frame of the TAMPEP 8 programme (December 2007 – November 2009). This Report is part of a series of resources produced by the TAMPEP 8 programme: Sex Work in Europe | a mapping of the prostitution scene in 25 European countries Work Safe in Sex Work | a European manual on good practices in work with and for sex workers www.services4sexworkers.eu | an on-line directory of services for sex workers across Europe All of the above resources are available from the members of the TAMPEP network and at www.tampep.eu. Editors Maria Cristina Boidi, Faika A. El-Nagashi, Bernadette Karner | LEFÖ | TAMPEP-Austria Translation Erika Doucette Design & Layout Brigitte Reinhardt | Hamburg | Germany Print Mottendruck | Hamburg | Germany This publication originates from the project TAMPEP (European Network for HIV/STI Prevention and Health Promotion among Migrant Sex Workers) which has received funding from the European Union, in the framework of the Public Health Programme. The responsibility for this publication lies solely with the author and the Executive Agency is not responsible for any use that may be made of the information contained therein. Acknowledgements We wish to acknowledge the financial contribution of all the national partners of the TAMPEP network, as well as: • UNFPA | United Nations Population Fund, HIV/AIDS Branch, Technical Support Division, New York • The Austrian Ministry of Health, Vienna Publisher TAMPEP International Foundation © TAMPEP 2009 CONTENTS 7 Introduction 65 Recommendations 5 9 Sex Work | Migration | Health 68 References 11 Sex Work 69 National Report Summaries Legal approaches to sex work 70 Austria 15 National legislations and policies 72 Belgium 26 SUMMARY | Criminalisation through legislations and policies 74 Bulgaria 76 Czech Republic 29 Migration 79 Denmark Sex work in the context of migration 81 Estonia 31 Legislations and policies 83 Finland 34 SUMMARY | Exclusion through legislations and policies 85 France 37 Health 89 Germany Health policies and access to public health 91 Greece services for sex workers 93 Hungary 40 The politics of mandatory health checks 96 Italy 41 Universal access 99 Latvia 43 HIV/AIDS testing and treatment 101 Lithuania 44 Drug use and harm reduction programmes 102 Luxembourg 46 Protection from deportation 105 Netherlands 48 SUMMARY | Barriers to accessing 108 Norway public health care services 111 Poland 113 Portugal 51 European Perspective 114 Romania Case Studies 116 Slovakia 55 FINLAND | The Finnish Model: Difficulties and unwanted 118 Slovenia consequences of an attempt to reduce trafficking by 120 Spain criminalising the purchase of sexual services 122 Switzerland 57 NORWAY | Criminalising the purchase of sexual services: 125 United Kingdom On Norway adapting the Swedish law 128 TAMPEP Resources 60 UNITED KINGDOM | Sex Work and the Policing & Crime Bill: A briefing on the comprehensive failings in the UK draft law 129 The TAMPEP Network 62 ITALY | Anti-Prostitution ordinances: A report on the effects of the 2008 ordinances issued in several Italian cities POLICIES contents TAMPEP prostitution scene and legal framework on INTRODUCTION migration, sex work and HIV policies and the identification of risk factors and levels of vulnerability that determine the barriers to access prevention measures and care Ⅵ to facilitate the sharing of knowledge, experience and good practices among service The report The aim of this European report is to provide providers and community-based organisations 7 assesses transparency about the legislation on sex work on a pan-European level legislation and policy throughout Europe and its impact on the human Ⅵ to consolidate and enhance the network of develop- rights of sex workers, including their access to pub- 25 countries in Europe by strengthening their ments on lic health services. The report assesses legislation capacity for effective interventions within a sub- sex work, migration and policy developments on sex work, migration and regional and cross border cooperation model and health health policies on a national and European level and Ⅵ to promote human rights and equality in pub- policies on includes a critical evaluation of the various ap- lic health policies and accessibility for migrant and a national proaches relating to the interrelated issues of sex and mobile sex workers, by developing and promoting 1 European work, migration and health. a holistic strategy underpinned by the principles of level. The research covers 25 European countries in which respect and inclusion of sex workers the 26 partners of the pan-European TAMPEP net- This report and its recommendations for action are 2 work operate. TAMPEP (European Network for intended as a tool to promote the human rights of HIV/STI Prevention and Health Promotion among sex workers and to ensure sex workers’ access to Migrant Sex Workers) is a network of community- public health services. The report advocates for an based service providers and sex workers’ organisa- integrative and inclusive treatment of sex workers tions operating in 25 European countries. The main within policies that affect their living and working objective of TAMPEP is to reduce the HIV vulnera- conditions and for considering sex workers a pivotal bility of migrant and mobile sex workers through the part in such decisions. It is within this context that development, exchange, promotion and implemen- TAMPEP aims to contribute to ensuring the equality tation of appropriate policies and interventions and equal treatment of sex workers. across Europe, and specifically: Ⅵ to consolidate and further develop targeted Methodological Approach HIV/STI prevention measures and health The analysis that is contained in this report is based promotion interventions for migrant and on comprehensive national assessments that were mobile sex workers in Europe carried out in 2008 by the respective national part- Ⅵ to examine and analyse the situation of sex ner organisations of the TAMPEP network. The work in Europe based on mappings of the national assessment reports assess the legal and POLICIES introduction TAMPEP political framing of sex work, migration and health Ⅵ general legislative approaches towards sex in the 25 partner countries. The information con- work, tained in the national assessment reports was col- Ⅵ specific legislations and policies that affect lected using a common methodological approach to migrant and mobile sex workers, ensure the comparability of the data. This included Ⅵ the impact of public health policies on the common guidelines for the research and a question- human rights of sex workers. naire that provided the structure for the assessment The following section contains a summary of the of the national legislation and of the policies relat- 8 main legislative and policy trends in Europe and an ing to sex work, migration and health. analysis of their impact on the working und living The national assessment reports were assembled, conditions of sex workers, including migrant and structured, evaluated and incorporated into the pres- mobile sex workers. ent European report. The European report provides The recommendations for action that follow are an analysis of the various national approaches to geared toward policy makers, the health care sector, sex work, migration and health in Europe and an private and public health, social and other service overview of legislative changes and trends on na- providers as well as actors within civil society. tional and European level, as well as specific recom- mendations for action in order to ensure the protec- The annex of this report contains summaries of the tion of the human rights of sex workers. national assessment reports, illustrating the central elements and distinctive features of the models in The report was compiled by TAMPEP within the the different countries. frame of the TAMPEP 8 programme (December 2007 - November 2009), with the financial support of the European Commission DG SANCO under the programme Health and Consumer Protection (Di- rectorate C – Public Health and Risk Assessment). Structure of the Report This report provides a general introduction to the present phenomenon of transnationality of sex work and contextualises the intersecting issues of sex work, migration and health from a human rights 1 Because legal and policy guidelines and practices are constantly chang- perspective. ing, an assessment can only represent a certain moment within this process. When taking the information in this report into consideration, it is impor- The analysis of the legal and political framing of sex tant to bear this in mind. 2 The TAMPEP network consists of 26 partner