Prostitution in Austria is generally legal and regulated, although the specific laws vary across the country's federal regions. In Vienna, prostitution is a booming business, rivalling Amsterdam and Hamburg as a destination for sex tourism. However, unlike these cities, Vienna has not managed to transform its red-light district into a trendy scene that attracts normal tourists. While prostitution is legal in Vienna, street prostitution is generally illegal in Austria. The Austrian government has attempted to address the problem of illegal sex workers, particularly those working on the streets.
In terms of legislation, female sex workers are considered self-employed, and they must undergo an examination for sexually transmitted diseases every six weeks. The federal regions decide the conditions regarding who can open a brothel, when, and where. For example, in Vorarlberg, prostitution is legal but there are no licensed brothels as local councils rarely grant the necessary approvals.
Despite the existence of these regulatory frameworks, most sex workers in Austria are unable to escape the industry, and human trafficking remains a significant issue.
Characteristics | Values |
---|---|
Legality of prostitution | Legal and regulated |
Legal framework | Penal code (Strafgesetzbuch), under Zehnter Abschnitt Strafbare Handlungen gegen die sexuelle Integrität und Selbstbestimmung (§§ 201-220b) |
Legal status of escorts | Generally legal |
Regional differences | Prostitution is illegal in Vorarlberg, the westernmost province of Austria |
COVID-19 restrictions | All facilities for the practice of prostitution were closed as of November 3, 2020, due to the COVID-19 Protection Measures Ordinance |
Taxation | Considered self-employed |
Social security | Considered self-employed |
Health regulations | Sex workers must undergo an examination for sexually transmitted diseases every six weeks |
Advertising | Ban on advertising "unsafe sexual practices" |
Age restrictions | Age of consent varies from region to region |
What You'll Learn
Escorts and prostitution are legal in Austria, but regulated
Escorts and prostitution are legal in Austria but are regulated. The legality of prostitution varies across Europe, with some countries outlawing the exchange of sexual services for money, while others allow prostitution but not the operation of brothels or the financial gain from another's prostitution. Austria is one of the ten European countries where prostitution is legal and regulated, alongside Belgium, Germany, the Netherlands, Switzerland, Luxembourg, Greece, Hungary, Latvia, and Turkey.
In Austria, prostitution is regulated under the penal code, or Strafgesetzbuch. While prostitution is generally permitted, there are several restrictions in place. For example, under Section 207b, or Sexueller Missbrauch von Jugendlichen, clients of sex workers under the age of 18 can be prosecuted. Additionally, federal laws and the laws of Austria's individual states impose further restrictions on the times and places where prostitution may occur.
In Vienna, prostitution is a booming business, with only cities like Amsterdam and Hamburg rivalling its reputation as a sinful destination. However, unlike these other cities, Vienna has not managed to establish a trendy scene that attracts "normal" tourists. Instead, its red-light district remains rather filthy and unappealing to the average visitor. Regular, legal prostitution in the city is concentrated in several areas, including the northern Gürtel, the Naschmarkt area, and the northern third district.
While prostitution is generally legal in Austria, street prostitution is illegal. In 2009, the city of Vienna identified five "hot spots" where sex workers could be found, particularly in streets near the Westbahnhof station. The city also noted that some areas were known for drug-addicted sex workers or African women, usually asylum seekers.
Austrian legislation aims to create framework conditions that allow sex workers to perform their profession "safely". Sex workers are considered self-employed, and federal tax and social security regulations apply to them. They are required by law to undergo examinations for sexually transmitted diseases every six weeks and are given a stamp, known as a "Deckel", in their health pass to confirm they have attended these appointments.
The regulation of prostitution in Austria is complex and varies across the country's different regions. While some regions only require a person to have reached the age of majority to open a brothel, others mandate a higher age limit, such as 24 years old in Vorarlberg. Additionally, home-based prostitution is forbidden in all of Austria's federal regions, and the age of consent for sex workers and their clients varies from region to region.
Despite the existence of these regulations, prostitution in Austria remains a precarious and exploitative field of work. Most sex workers in the country are migrants from Eastern Europe, and only about 5% are Austrian. While prostitution is legal, experts agree that it is essential to distinguish between voluntary and forced prostitution and take appropriate measures to address each situation.
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Escorts in Austria are considered self-employed
Prostitution in Austria is generally considered legal and is regulated under the penal code (Strafgesetzbuch). However, it is important to note that prostitution laws vary across different regions in Austria. While it is legal in most parts of the country, it is prohibited in the province of Vorarlberg, located in the western region.
In Austria, escorts or sex workers are considered self-employed from a labour law perspective, regardless of their actual working conditions. This means that they are responsible for paying taxes and are not considered employees of any establishment. However, under tax law and social security law, they might be classified as employees based on their specific working arrangements. This dual classification can lead to legal uncertainty for sex workers.
Austrian legislation aims to create a framework that allows sex workers to perform their profession safely. Female sex workers are required by law to undergo examinations for sexually transmitted diseases every six weeks, and they receive a stamp in their health pass to confirm their compliance. Additionally, a ban on advertising unsafe sexual practices is in place throughout the country.
The federal and regional governments in Austria have different roles in regulating prostitution. While federal laws cover tax regulations for sex workers, regional laws determine the "Who", "When", and "Where" of the industry. Regional laws vary in terms of the minimum age to open a brothel, with some regions requiring individuals to be older than the age of majority. Additionally, the age of consent for sex workers and their clients also differs across regions.
In summary, escorts in Austria are considered self-employed, and they operate within a legal framework that aims to ensure their safety and protect them from exploitation. However, the effectiveness of these regulations varies, and there are ongoing discussions about improving the working conditions for sex workers.
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Escorts in Austria must undergo an examination for STDs every six weeks
Prostitution in Austria is generally legal and regulated, except in Vorarlberg in the west of the country. In Vienna, prostitution is a booming business that rivals other European cities such as Amsterdam and Hamburg. However, the industry is not as well-organised or appealing to "normal" tourists as in those cities.
To protect sex workers and clients, prostitutes and clients must wear protective masks. In addition, prostitutes must undergo a medical examination for specific sexually transmitted diseases (STDs) every six weeks. This regulation is in place at the federal level, and after each examination, sex workers receive a stamp on their health pass, confirming their visit to the doctor.
The requirement for regular STD examinations is not new. In 1850, Dr Nusser of the Vienna police suggested that prostitutes be required to register with the police, receive medical examinations twice a week, and obtain special health certificates. In 1873, Anton Ritter von Le Monnier, head of the Vienna police, reformed the city's prostitution law, and health certificates have been obligatory since then.
The COVID-19 pandemic significantly impacted the prostitution industry in Austria, with establishments closed until further notice. However, as of July 1, 2020, the government allowed the reopening of prostitution bars, brothels, and running houses.
While prostitution is generally legal in Austria, street prostitution is illegal. Prostitutes typically operate out of brothels, massage salons, or escort services.
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In Austria, escorts are not considered employees, and cannot be legally employed
Prostitution is generally considered legal in Austria, except in the province of Vorarlberg in the west of the country. However, escorts and sex workers are not considered employees and cannot be legally employed. According to Austrian law, it is forbidden to receive a regular income from the prostitution of another person, and prostitutes are considered self-employed. Despite this, sex work is taxed, and since 1997, sex workers have been included in social insurance.
The legal status of sex workers in Austria is complex. While prostitution is generally permitted, it is heavily regulated, and the specific regulations vary across different regions. In some regions, the age of majority is considered sufficient to open a brothel, while other regions mandate a higher minimum age. For example, in Vorarlberg, the minimum age is 24, and there are no brothels in the region as local councils rarely approve applications.
In terms of employment status, sex workers are generally regarded as self-employed, regardless of their actual working conditions. However, under tax law and social security law, they may be classified as employees based on their working conditions, leading to legal uncertainty. This discrepancy between labour law and tax or social security law highlights the complex nature of sex work legalisation in Austria.
The legalisation of prostitution in Austria aims to create a framework that allows sex workers to perform their profession "safely". However, the reality is that most sex workers in brothels are there involuntarily and lack feasible means of escape. Furthermore, the varying regional laws complicate steering and controlling the market, hindering effective protection against exploitation.
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In Austria, escorts are mostly migrants
Prostitution is legal and regulated in Austria. However, escorts and sex workers are predominantly migrants, with estimates suggesting that 85% of sex workers in Vienna are migrant women.
In October 2000, 513 prostitutes were registered as working in Vienna, 20% of whom were not Austrian citizens. However, it is estimated that fewer than 10% of all Viennese sex workers are registered, meaning that 5,000 to 7,000 prostitutes work in the city, the majority of whom are migrants.
The increase in migrant sex workers in Austria is largely attributed to the fall of the Iron Curtain. Following this, many young women from the former Eastern Bloc came to Austria and were willing to work for less money than Austrian women. This shift in the industry also saw the emergence of organised crime groups from southern and eastern Europe entering the Austrian prostitution scene.
The influx of migrant sex workers has led to a decrease in the number of registered prostitutes and an increase in unregistered workers. Today, 60 to 90% of sex workers in Austria are migrants, mainly from the former Eastern Bloc countries, including Slovakia.
The Austrian Federal Ministry of the Interior considers illegal prostitution a problem as it is often associated with human trafficking, pimping, and rape. Unregistered prostitution also poses health risks, with a quarter of arrested unregistered prostitutes having multiple infections of sexually transmitted diseases.
To address these issues, the Ministry aims to transform illegal prostitution into legal, regulated prostitution. This approach is supported by human rights and migrant organisations, which advocate for improving the working and social conditions of sex workers and abolishing discrimination in working rights and residence.
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Frequently asked questions
Yes, escorts are legal in Austria, but they are also regulated.
Escorts in Austria must be over the age of majority, be self-employed, and undergo an examination for sexually transmitted diseases every six weeks.
Escorts are illegal in the province of Vorarlberg, located in the very west of the country.
Hiring an illegal escort in Austria can result in fines and legal repercussions. It is important to verify the legal status of an escort before engaging their services.
Legal escorts in Austria can often be found through taxi drivers, hotel receptionists, or advertisements in daily papers. It is essential to exercise caution and conduct your own research to ensure the escort you hire is operating within the legal framework.