On October 21, 2016, Germany enacted the Prostitutes Protection Act (Prostituiertenschutzgesetz, or ProstSchG) to regulate the sex industry and enhance worker protections. Nearly nine years later, the law remains highly contested. While supporters argue it provides essential safety measures, critics claim it harms sex workers by reinforcing stigma and increasing surveillance.
A key provision of the ProstSchG, implemented in July 2017, requires sex workers to register with the Ordnungsamt and carry a certificate, colloquially known as ‘Hurenpass’ or ‘whore ID’. This measure was intended to ensure access to legal protections and combat trafficking. However, sex workers say it exposes them to further stigma because the identification reveals their profession to public authorities and requires them to attend regular health counselling.
It’s our job, our life and our safety that is affected by these policies. We know best what we need.
“Sex work is still so stigmatised … only few are able or willing to risk the fallout from outing themselves,” says Lilli Erdbeermund, a sex worker and employee of sex work advocacy group Berufsverband erotische und sexuelle Dienstleistungen e.V. (BesD). “Being forced to walk around with a whore ID in your purse is not a protection to sex workers – it’s a hazard.”
The law also allows police to inspect the private residences of registered sex workers. Peer-to-peer support network Trans*Sexworks explains, “It was never meant to ‘protect’ us but rather police us … Under the ProstSchG the fundamental right to privacy of the home is restricted for sex workers.”
This level of oversight, and potential barriers like residency status, has led some to work without registration. Sex Worker Action Group (SWAG), also operating out of Berlin, describes this as deepening industry divisions, forcing unregistered workers into less secure environments, such as hotels, private apartments and streets. This becomes a problem because “sex workers who are migrants, marginalised or vulnerable … work illegally, which creates real obstacles when accessing your own rights,” explains Alex, a SWAG member.
While Germany’s current approach legalises sex work, advocacy groups argue that the additional regulations flag sex workers as inherently suspicious and needing extraordinary control. Instead, they’re calling for decriminalisation. “Decriminalisation describes the abolition of laws that criminalise sex workers in particular … and sensible measures to protect against work-related health and safety hazards, as is common in other industries,” Erdbeermund explains.
This is a crucial step toward reducing stigma and promoting social acceptance.
Countries like New Zealand, which passed the Prostitution Reform Act in 2003, and Belgium, the first European nation to decriminalise sex work in 2022, are held up as positive examples. As of December 1, 2024, Belgium’s new law ensures sex workers receive formal employment rights, such as health insurance and paid leave, whereas Germany’s legalisation allows sex work but without the same labour protections. “Sex workers all over the world are fighting for the decriminalisation of our work,” says Trans*Sexworks. “This is a crucial step toward reducing stigma and promoting social acceptance.”
Even if the ProstSchG remains, other possible reforms include removing mandatory registration, bolstering anti-discrimination protections and improving access to healthcare, financial services and peer-led support nationwide. “In Berlin we might have relatively good infrastructure,” says Alex, but they emphasise that outside the city, the situation is more dire.
Despite being directly impacted, sex workers are often prevented from being involved in or contributing to the legislative discourse. “Historically, laws are made against sex workers. But it’s our job, our life and our safety that is affected by these policies. We know best what we need,” says Trans*Sexworks. Alex echoes this: “There is the prominent slogan in the sex worker movement, ‘Nothing about us without us’, which reflects that sex workers are usually being talked about but rarely sitting at the table.”
To change that dynamic, SWAG and Trans*Sexworks created a workshop series, titled Sex Workers Write the Law. Organised with local counselling centres SMART Berlin and Hydra, the workshops let sex workers voice concerns and draft legislative changes. “We wish for these demands to be picked up, carried on and be addressed where decisions are being made – at best, with us together,” says Alex. “But even if politicians and lawmakers fall into their habit of speaking about us and not with us, with our demands, critiques and concrete proposals for change being documented on paper, there will be no excuses like ‘we didn’t know’.”
Where do Germany’s political parties stand?
The Nordic model, which criminalises buying sex, sparks fierce debate in German politics. We asked, and here’s where the parties stand on it.
SPD – Divided
Supports anti-trafficking measures but is undecided on broader reforms. A spokesperson acknowledges internal divisions, stating they await pending law review results and will “evaluate them accordingly”.
CDU/CSU – Supports
No response, but the conservative parties proposed a Bundestag motion in February 2024 titled “Punish the purchase of sex”.
Greens – Opposes
Declined to comment, but MP Denise Loop opposed the 2024 motion, arguing that it fails to combat trafficking.
FDP – Opposes
Supports voluntary sex work while prosecuting forced prostitution. From their press office: “We reject the Nordic model approach and … are committed to the rights of self-determined sex workers.”
AfD – Opposes
No response, but MP Thomas Ehrhorn rejected the 2024 motion, calling it “well-intentioned” but stating that “the implementation is absurd”.
Die Linke – Opposes
Recognises sex work as labour and calls for decriminalisation. “Decriminalisation and protection go hand-in-hand,” says MP Cornelia Möhring.
