Lexi Webster
Prostitution in Austria is a heavily regulated industry, with a long history of legalisation. Sex work is generally considered a precarious and exploitative profession, and while it is legal in Austria, it is also heavily stigmatised. The contribution of prostitution to the GDP of a country is difficult to estimate, and there are no specific figures for Austria. However, estimates for other European countries range from less than 0.1% to 0.5% of GDP.
| Characteristics | Values |
|---|---|
| Legal status of prostitution in Austria | Prostitution is generally legal in Austria, but it is regulated by the state. |
| Austrian legislation | Austrian legislation is supposed to create framework conditions allowing sex workers to perform their profession "safely". |
| Tax regulations | Prostitutes are considered self-employed and have been required to pay taxes since 1986. |
| Social insurance | Prostitutes have been included in social insurance since the Arbeits- und Sozialrechts-Änderungsgesetz (ASRÄG) 1997. |
| Red-light districts | Austrian cities do not have red-light districts. |
| Number of prostitutes | In April 2007, 1,352 female and 21 male prostitutes were officially registered in Vienna. The number of women working legally and illegally as prostitutes is estimated to be between 3,500 and 6,000. |
| Age of prostitutes | In 2003, the oldest prostitute in Vienna was a 71-year-old Austrian woman. |
| Clients per day | It is estimated that prostitutes in Vienna serve 15,000 clients per day. |
| Impact on GDP | The impact of prostitution on Austria's GDP is unknown, but contributions below 0.5% of GDP have been reported for other European countries. |
| Calculation method | The general framework proposed by Eurostat (2018) adopts a supply approach, which estimates the total sales by multiplying the number of prostitutes by the number of contacts per prostitute and the average price per visit. |
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What You'll Learn
Prostitution is legal in Austria, but regulated by the state
Prostitution is legal in Austria, but it is a precarious and exploitative field of work. It is regulated by the state under the penal code (Strafgesetzbuch), under Zehnter Abschnitt Strafbare Handlungen gegen die sexuelle Integrität und Selbstbestimmung (§§ 201-220b) (Part Ten: Offences against sexual integrity and self-determination (§ § 201-220b)).
The history of prostitution in Austria reveals a complex relationship with the industry. In the 18th century, under Maria Theresa of Austria, prostitutes were shipped down the Danube and banished from the country. However, as this did not reduce prostitution, Austrian laws changed to consider it a "necessary evil" that required state regulation. In the 1850s, Dr. Nusser of the Vienna Police suggested that prostitutes register with the police, undergo regular medical examinations, and obtain health certificates. These requirements became obligatory in 1873, and prostitutes who complied were no longer prosecuted.
Today, prostitution is generally legal in Austria, and contracts for sexual services between sex workers and clients are permissible. However, this does not create an obligation to provide the service, as this restriction protects the sexual integrity of sex workers. Prostitutes are considered self-employed and are required to pay taxes. They are also included in social insurance under the Arbeits- und Sozialrechts-Änderungsgesetz (ASRÄG) since 1997.
The regulatory landscape for prostitution in Austria is diverse, as the federal states have the competence to determine the conditions under which sexual services can be offered. This includes setting age limits, permissible places of work, and requirements for operating a brothel. For example, in Vorarlberg, prostitution is only legal in licensed brothels, but no such licenses have been issued.
While prostitution is legal, it is still characterized by pimping and exploitation. Human trafficking is a significant issue, with victims originating from Eastern Europe, South America, Nigeria, China, and Southeast Asia. Efforts to address human trafficking include the National Anti-Trafficking Task Force, which works to protect victims, increase identification, and improve referral processes.
Although it is challenging to determine the exact percentage of Austria's GDP that prostitution contributes to, it is included in the category of "personal, cultural, and recreational services" in National Accounts and Balance of Payments statistics.
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Prostitutes are considered self-employed and pay taxes
Prostitution in Austria is regulated under the penal code, and although sex work itself is not forbidden, prostitutes are considered self-employed and are required to pay taxes. Since 1986, prostitutes in Austria have been taxed on their earnings. Austrian law treats self-employed workers differently from full-time employees, who have their income tax deducted automatically by their employers. Self-employed individuals, including prostitutes, must calculate and pay their own taxes.
The Austrian tax system can be complex, especially for the self-employed. While the country applies a progressive income tax system, where higher earnings are taxed at a higher percentage rate, self-employed workers must manage their own tax obligations. This includes declaring their earnings, contributing to social insurance, and registering for VAT if their revenue exceeds a certain threshold.
In addition to federal regulations, the laws of the federal states of Austria place further restrictions on the times and places where prostitution may occur. For example, in Vorarlberg, prostitution is legal only in licensed brothels, but no such licenses have been issued. The number of women working legally and illegally as prostitutes in Austria is estimated to be between 3,500 and 6,000, with 85% of them being migrant women.
In recent years, new tax laws in Austria have caused problems for sex workers. These laws require all businesses, including sex clubs and prostitutes, to provide itemized receipts to customers, listing all services rendered. This has created challenges for operators of sex clubs, as they must determine how to list the services offered in a way that complies with the law.
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Austria includes prostitution in its GDP estimates
Prostitution in Austria is legal, but regulated. Sex workers are considered self-employed and have been required to pay taxes since 1986. They were also included in social insurance in 1997. As prostitution is a part of the Austrian economy, it is included in the country's GDP estimates.
Austria constantly tries to improve its GDP estimates and increase their completeness. In the case of prostitution, there are certain assumptions regarding intermediate services, such as rents, materials, and other services. The exact percentage of Austria's GDP that prostitution makes up is unclear, but estimates for other European countries range from less than 0.1% to 0.5%.
The general framework proposed by Eurostat in 2018, which is followed by most EU countries, adopts a supply approach. The number of prostitutes in a country is multiplied by the total number of visits per prostitute (per period) and the average price per visit to obtain total sales. The domestic output is then calculated by applying an estimate of the proportion of non-resident prostitutes. The cross-border components are then estimated as follows: imports of services = proportion of non-resident prostitutes x total sales to residents, and exports of services = domestic output x proportion of non-resident clients.
In Austria, prostitution is regulated under the penal code (Strafgesetzbuch). While sex work itself is not forbidden, the law allows for the prosecution of clients of workers under the age of 18. Additional restrictions are specified in § 214 to 217. Medical examinations are required by the AIDS and STD laws, and the laws of the federal states of Austria place further restrictions on the times and places where prostitution may occur.
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The number of prostitutes in Austria is estimated to be between 3,500 and 6,000
Prostitution has been a part of Austrian society for centuries, with records of brothels in Vienna dating back to the 14th century. While prostitution was once forbidden, Austrian laws have long considered it a "necessary evil" that must be tolerated and regulated by the state. Today, prostitution in Austria is legal and regulated, with prostitutes considered self-employed and required to pay taxes.
The legal status of prostitution in Austria has evolved over time. Austrian laws criminalize sex trafficking and labor trafficking, with penalties for offenses involving adult and child victims. While sex work itself is not forbidden, the law allows for the prosecution of clients of workers under the age of 18. Additionally, medical examinations are mandatory under AIDS and STD laws, and federal states place restrictions on the times and places where prostitution can occur.
The Austrian government has taken steps to address the issues associated with prostitution. In 2007, an interdisciplinary group of experts, led by the Women's Department, was formed to improve the working conditions of sex workers. This group completed a comprehensive report in 2008, detailing the legal status of prostitution and proposing measures, particularly within the federal government's purview. The government has also demonstrated its commitment to combating human trafficking, maintaining robust cooperation with international law enforcement entities and increasing funding for NGOs providing specialized services to victims.
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Prostitution laws vary across Austria's federal regions
Prostitution in Austria is regulated under the penal code, and although sex work itself is not forbidden, clients of workers under the age of 18 can be prosecuted. The laws of the federal states of Austria place further restrictions on the times and places where prostitution may occur.
Austrian legislation is supposed to create conditions that allow sex workers to perform their jobs safely, but in reality, their effects are considered too weak. While prostitution is legal, it is heavily regulated, and the laws vary across the country's nine federal states.
In Upper Austria, only Austrian citizens or people with equivalent status are allowed to manage a brothel. In Styria, only people over the age of 18 are permitted to practice or initiate prostitution. Home visits are 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.
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. In Salzburg, the 2009 Prostitution Law decreed that obviously pregnant people are not allowed to perform sex work.
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Frequently asked questions
Prostitution is legal in Austria, but it is also regulated. Austrian legislation is supposed to create framework conditions allowing sex workers to perform their profession "safely".
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 have to be older. Prospective brothel owners are required to undergo a detailed approval process. Home-based prostitution is forbidden in all Austria's federal regions.
There is no clear answer to this question as the impact of the estimated value-added of the prostitution industry in GDP varies across Europe. However, contributions below 0.5% of GDP have been reported for countries such as Spain, Germany and Portugal.
The laws vary across the federal regions. For example, in Vorarlberg, prostitution is only legal in licensed brothels, but no such licenses have been issued. In Salzburg, a brothel cannot be located near schools, kindergartens, etc. Additionally, anyone offering sexual services must register with the local council.
The last time prostitution was completely forbidden in Austria was under Maria Theresa of Austria (1740-1780). Since this did little to reduce prostitution, Austrian laws changed to consider it a necessary evil that had to be tolerated but regulated by the state.
