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Politics

Decriminalise now: The new law written by sex workers, for sex workers

German sex workers have long been unhappy with the controversial Prostitute Protection Act. Now, they've drafted a new law themselves. But will the authorities listen?

Photo: IMAGO / Jochen Eckel

At a press conference held at Kurfürstenstraße’s Twelve Apostles Church, local sex workers were out in force. They had gathered to introduce a new draft law aimed at replacing Germany’s controversial Prostitute Protection Act (Prostituiertenschutzgesetz, or ProstSchG). The proposal, titled Sex Work Act (Sexarbeitsgesetz, or SAG), calls for the full decriminalisation of consensual adult sex work, finally giving legal recognition to sex work as labour and allowing improved access to healthcare and social protections.

“Today is about celebrating and taking up a lot of fucking space,” said Sex Worker Action Group (SWAG) member Blade Varen. “How do you give a marginalised group more power? You give them more rights… and that’s what this law does.”

One of the most remarkable aspects of this proposed law is that it was written by sex workers themselves. The draft was developed during a six-month workshop series titled Sex Workers Write the Law, led by Dr Antke Engel from the Institute for Queer Theory and in collaboration with organisations including SWAG and Trans*Sexworks.

Today is about celebrating and taking up a lot of fucking space

The project aimed to create legislation informed by the lived experience of these workers. It advocates for workplace protections, legally mandated awareness campaigns and an end to forced registration and police raids. The full text is available in both German and English on the SMART Berlin website.

During the press conference, Engel described the document as “an important milestone in terms of social justice.” They noted that the text is “deliberately intersectional” to be inclusive of all types of sex work, genders and residence statuses. It also clearly separates consensual sex work from human trafficking.

The timing of the proposal is strategic. The current Prostitute Protection Act is under formal evaluation, with the process expected to conclude in July 2025. Although intended to reduce exploitation and improve safety, critics argue it has failed on both counts. According to a 2021 report by the Federal Ministry for Family Affairs, only an estimated 10% of sex workers are registered, and many report the system feels more punitive than protective.

Authors of the SAG draft believe their proposal shows a new way forward. “The hope is that the document will be used in the discussion because it’s obvious we need to reform the laws,” said a representative from SMART Berlin, adding that the impact will depend on “how far the reach is.”

How do you give a marginalised group more power? You give them more rights

However, they remain realistic about the challenges ahead. “SWERFs and TERFs are extremely well organised and extremely well funded,” said Varen. “If we’re going to push back against the Swedish model, we need to be really well organised… having this physical document is important because it gives us something to push back with.”

The campaign to support the bill, titled “Our Work. Our Rights. Our Law.”, is now underway. Organisers plan to meet with NGOs, human rights groups and policymakers in a coordinated lobbying effort. “We have hope and we know that it’s possible,” said the event’s moderator, citing Belgium’s recent move to decriminalise sex work.

Whilst the bill’s legislative fate remains uncertain, its message is clear: sex workers are no longer waiting to be included in the conversation – they are leading it.