Brothels In Austria: What's The Legal Status?

Brothels are legal in Austria, but only in licensed premises. Prostitution has been legal in the country since the Middle Ages, and while it was briefly banned under Maria Theresa of Austria in the 1700s, it was soon legalised again, and has been considered a necessary evil that must be tolerated and regulated by the state ever since.

Austrian legislation is supposed to create conditions that allow sex workers to perform their jobs safely, but in reality, their effects are too weak. While prostitution is legal, it is heavily regulated, and the laws vary across the country's nine federal states.

Prostitution is legal in Austria

In Austria, female sex workers are considered self-employed, and their tax regulations are covered by federal competences. They are required by law to undergo a health check for sexually transmitted diseases every six weeks and are given a stamp in their health pass to confirm they have attended. A ban on advertising "unsafe sexual practices" also applies throughout the country.

The federal regions decide the "Who", "When", and "Where". In some regions, the age of majority is sufficient to open a brothel, while in others, they must be older. Prospective brothel owners are required to undergo a detailed approval process almost everywhere. Home-based prostitution is forbidden in all of Austria's federal regions, while home visits are permissible under certain circumstances in some regions. The age of consent for sex workers and clients also varies from region to region.

In Vienna, street prostitution is permissible but not in residential areas, at stopping points for public transport, or near cemeteries and allotments. Local residents can apply for restrictions on the time and place where it is allowed if they feel harassed by the presence of prostitution. The minimum age for the "consumption" and practice of prostitution in Vienna is 18.

In Salzburg, it is decreed that obviously pregnant people are not allowed to perform sex work. A brothel cannot be opened if it is within 300 metres of schools, kindergartens, children's playgrounds, sports facilities, churches, official buildings, barracks, and hospitals. Home visits are forbidden in Salzburg.

In Upper Austria, only Austrian citizens or people with equivalent status are allowed to manage a brothel.

In Styria, only people who have completed their 19th year of age are permitted to practice or initiate prostitution. Home visits are essentially permitted, on the condition that no one underage lives in the accommodation.

In Tyrol, prostitution is prohibited outside of brothels, meaning home visits are not permitted.

Vorarlberg is the region with the strictest prostitution laws. Although prostitution is not forbidden, there is not a single brothel in Vorarlberg. Approvals must be granted by local councils, and these almost always find reasons not to permit an opening.

Despite the existence of these laws, the effects are too weak to protect sex workers from exploitation. The Human Trafficking Task Force insists that regulation of prostitution should become a federal competence.

Brothels are regulated by law

Brothels in Austria are regulated by law. Prostitution in Austria is generally legal, except in the province of Vorarlberg, which is in the west of the country. In Vienna, prostitution is a booming business, rivalling Amsterdam and Hamburg in its reputation as a sinful destination. However, unlike these cities, Vienna has not managed to establish a trendy scene that attracts "normal" tourists.

Austrian legislation is supposed to create framework conditions that allow sex workers to perform their jobs safely. However, in reality, their effects are too weak. While prostitution is legal, it is also heavily regulated. What is permitted and what is not is covered by legislation at both the regional and federal levels. This means there are certain cross-regional laws, but the regions also have a lot of scope to act.

Throughout Austria, female sex workers are considered self-employed, and their tax regulations are covered by federal competences. They are also required by law to undergo a medical examination every six weeks to check for sexually transmitted diseases. A ban on advertising "unsafe sexual practices" also applies throughout the country.

The federal regions decide the "who", "when", and "where". In some regions, the age of majority is sufficient for someone to open a brothel, while in others, they must be older. Prospective brothel owners are required to undergo a detailed approval process almost everywhere. Home-based prostitution is forbidden in all of Austria's federal regions, while home visits are permissible under certain circumstances in some regions. The age of consent for sex workers and clients also varies from region to region.

In Vienna, for example, street prostitution is permissible but not in residential areas, at stopping points for public transport, or near cemeteries and allotments. If local residents feel harassed by the presence of prostitution, they can apply for restrictions on the time and place it is allowed. The minimum age for the "consumption" and practice of prostitution in Vienna is 18.

In summary, the regulation of sexual services in Austria can be described as complex and inconsistent. While prostitution is generally legal, there are many regulations that control how, when, and where it can be practised.

Street prostitution is banned in residential areas

Prostitution in Austria is legal and regulated. However, street prostitution is banned in residential areas, at stopping-off points for public transport, or nearby cemeteries and allotments. This ban was enforced through the Prostitution Act, which moved prostitution to the outskirts of cities, specifically to the streets of Einzingergasse in Floridsdorf and Brünner Straße in Liesing.

The Prostitution Act was passed in Vienna in November 2011 by councilwoman Sandra Frauenberger, who stressed that the law was meant to improve the situation for both residents and sex workers. The law was passed in response to complaints from residents about harassment and disturbance. However, NGOs and sex worker organizations claim that the measures have negatively impacted sex workers. Experts and critics argue that pushing sex work to the outskirts of cities increases the potential for violence and forces sex workers to rely on pimps for protection.

In addition to the ban on street prostitution in residential areas, there are other restrictions on where prostitution can occur in Austria. For example, in Salzburg, it is decreed that brothels cannot be opened within 300 meters of schools, kindergartens, children's playgrounds, sports facilities, churches, official buildings, barracks, and hospitals. Home-based prostitution is forbidden in all of Austria's federal regions, and each region has its own age of consent laws.

While prostitution is legal in Austria, it is highly regulated, and sex workers must comply with various requirements and restrictions.

Sex workers are considered self-employed

Prostitution is legal in Austria, but it is also regulated. Sex work is considered one of the few activities that asylum seekers are legally allowed to pursue, and it is estimated that around 1-2% of registered prostitutes are asylum seekers.

Sex workers in Austria are considered self-employed, and since 1986, they have been required to pay taxes. They were included in social insurance in 1997. Sex workers are also required to undergo a health check-up every six weeks.

The legal regulation of sex work in Austria is complex and varies across the different federal states. While the general tax and social security provisions are regulated by federal law, the respective state laws primarily regulate who, when, and where sexual services can be offered, as well as age limits and permitted places of work.

In some regions, the age of majority is sufficient to open a brothel, while in others, individuals must be older. For example, in Vorarlberg, the minimum age is 24. Prospective brothel owners are required to undergo a detailed approval process in almost every region. Home-based prostitution is forbidden in all federal regions, while home visits are permissible under certain circumstances in some regions.

The Austrian Federal Ministry of the Interior considers illegal prostitution a problem due to its association with human trafficking, pimping, and rape. The Ministry aims to transform illegal prostitution into legal, regulated prostitution to address these issues and improve working conditions for sex workers.

Prostitution establishments were shut down during the pandemic

Prostitution establishments in Austria were shut down during the pandemic. The fourth lockdown in Austria, which came into effect on November 22, 2021, resulted in the closure of all prostitution establishments, including prostitution bars, brothels, and running houses. The restrictions were implemented to slow down the infection rate in the country, and they significantly impacted the prostitution scene in Austria.

During the lockdown, outdoor activities were restricted, and non-essential businesses were prohibited from operating. This included prostitution establishments, which ceased their operations until further notice. The women working in these establishments travelled back to their countries of origin, awaiting the lift of restrictions. The establishments notified their customers about the temporary closures through various channels, such as websites, newsletters, and online portals.

The federal and regional laws in Austria regulate prostitution, allowing sex workers to perform their profession within a defined legal framework. While prostitution is legal, it is also highly regulated, with mandatory health examinations and restrictions on advertising. The pandemic and the subsequent lockdowns disrupted the industry, and the reopening process was challenging due to the new COVID-19 testing requirements for sex workers.

The Austrian government's response to the pandemic and the resulting closure of prostitution establishments had a significant impact on the industry. The prolonged closures and the shift to illegal prostitution during the pandemic highlighted the precarious nature of sex work and the need for improved working conditions and social support for sex workers.

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