Prostitution in Austria
Encyclopedia
Prostitution in Austria is legal and regulated. Most prostitutes are migrants, mainly from the former Eastern Bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...

  countries. According to a recent TAMPEP
TAMPEP
TAMPEP is an international organization that supports the health and human rights of migrant sex workers in Europe. Founded in 1993 with headquarters in Amsterdam, the organization initially operated in Italy, Austria, Germany and the Netherlands...

 study, 78% of prostitutes are foreigners
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...

.

History

The last time prostitution was completely forbidden in Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...

 was under Maria Theresa of Austria
Maria Theresa of Austria
Maria Theresa Walburga Amalia Christina was the only female ruler of the Habsburg dominions and the last of the House of Habsburg. She was the sovereign of Austria, Hungary, Croatia, Bohemia, Mantua, Milan, Lodomeria and Galicia, the Austrian Netherlands and Parma...

, who shipped prostitutes along with other "asocial" people down the Danube
Danube
The Danube is a river in the Central Europe and the Europe's second longest river after the Volga. It is classified as an international waterway....

 to the Banat
Banat
The Banat is a geographical and historical region in Central Europe currently divided between three countries: the eastern part lies in western Romania , the western part in northeastern Serbia , and a small...

. Since this did little to reduce prostitution, however, Austrian laws changed to consider prostitution as a necessary evil that had to be tolerated, but regulated by the state. In 1850, the physician Dr. Nusser of the Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...

 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 Vienna's prostitution law, and health certificates have been obligatory since that time. Prostitutes who complied with the requirements of registration and examinations were no longer prosecuted by the police. A newspaper article of October 27, 1874 reported that 6,424 prostitutes had received health certificates and were under observation by police and health authorities. According to police estimates, at least 12,000 more women lived on the proceeds of "free love" without being registered. Most of these were factory workers who received so little pay that they needed the additional income. Of the registered prostitutes, 5,312 were unmarried, 902 widows, and 210 married. The youngest was 15 and the oldest 47 years old.

Homosexual male prostitution
Male prostitution
Male prostitution is the practice of engaging in sexual acts for money. Compared to female sex workers, male sex workers have been far less studied by researchers, and while studies suggest that there are differences between the ways these two groups look at their work, more research is needed.Male...

 (§ 210 Strafgesetzbuch) was legalized in 1989. A major reason for legalization was to reduce the spread of HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...

 through regular medical examinations.

Current laws

Today prostitution in Austria is regulated by the Strafgesetzbuch
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...

. Prostitution is not forbidden, but clients of prostitutes younger than 18 are prosecuted under § 207b (sexual abuse of juveniles). Additional restrictions are specified in § 214 to 217. Medical examinations are required by the AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...

 and STD
Sexually transmitted disease
Sexually transmitted disease , also known as a sexually transmitted infection or venereal disease , is an illness that has a significant probability of transmission between humans by means of human sexual behavior, including vaginal intercourse, oral sex, and anal sex...

 laws. The laws of the federal States of Austria
States of Austria
Austria is a federal republic made up of nine states, known in German as Länder . Since Land is also the German word for a country, the term Bundesländer is often used instead to avoid ambiguity. The Constitution of Austria uses both terms...

 place further restrictions on the times and places where prostitution may occur. The most restrictive law is that of Vorarlberg
Vorarlberg
Vorarlberg is the westernmost federal-state of Austria. Although it is the second smallest in terms of area and population , it borders three countries: Germany , Switzerland and Liechtenstein...

, where prostitution is legal only in licensed brothels and to date no such licenses have been issued.

The Austrian Oberster Gerichtshof (Supreme Court) held in 1989 that Prostitution was a "sittenwidriger Vertrag" (Unconscionable contract); therefore, a prostitute has no legal recourse
Legal recourse
A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty.* A lawsuit if the issue is a matter of civil law* Many contracts require mediation or arbitration before a dispute can go to court...

 against a customer who refuses to pay (OGH 28. Juni 1989, 3 Ob 516/89). According to Strafgesetzbuch § 216, it is forbidden to receive a regular income from the prostitution of another person, so a prostitute cannot legally be considered an employee. Prostitutes are considered to be self-employed, and since 1986 they have been required to pay taxes. The Arbeits- und Sozialrechts-Änderungsgesetz (ASRÄG) 1997 included them in social insurance
Social insurance
Social insurance is any government-sponsored program with the following four characteristics:* the benefits, eligibility requirements and other aspects of the program are defined by statute;...

.

Current situation

Austrian cities do not have red-light district
Red-light district
A red-light district is a part of an urban area where there is a concentration of prostitution and sex-oriented businesses, such as sex shops, strip clubs, adult theaters, etc...

s like the Bahnhofsviertel (Frankfurt am Main)
Bahnhofsviertel (Frankfurt am Main)
The Bahnhofsviertel is a district or Stadtteil of Frankfurt am Main. It is part of the Ortsbezirk Innenstadt I. It was developed between 1891 and 1915 on the land of the established Westbahnhof.-Geography:...

, the Reeperbahn
Reeperbahn
The Reeperbahn is a street in Hamburg's St. Pauli district, one of the two centres of Hamburg's nightlife and also the city's red-light district...

 in Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...

, or the De Wallen
De Wallen
De Wallen is the largest and best-known red-light district in Amsterdam and a major tourist attraction. It is located in the heart of the oldest part of Amsterdam, covering several blocks south of the church Oude Kerk and crossed by several canals....

 in Amsterdam
Amsterdam
Amsterdam is the largest city and the capital of the Netherlands. The current position of Amsterdam as capital city of the Kingdom of the Netherlands is governed by the constitution of August 24, 1815 and its successors. Amsterdam has a population of 783,364 within city limits, an urban population...

; the sex industry is widely distributed over the cities and its presence often goes unnoticed.
Number of registered prostitutes in Vienna
Year Female Male
1874 6,424
1913 1,879
1920 1,387
1993 711
2003 460 14
2004 625
2006 1,132 18
April 2007 1,352 21
Nov 2008 1.728
2011 2.500

In April 2007, 1,352 female and 21 male prostitutes were officially registered in Vienna. In 2003, the oldest prostitute was a 71-year-old Austrian woman, who offered her service in the second district of Vienna, the so called Leopoldstadt
Leopoldstadt
Leopoldstadt is the 2nd municipal District of Vienna . There are inhabitants over . It is situated in the heart of the city and, together with Brigittenau , forms a large island surrounded by the Danube Canal and, to the north, the Danube. It is named after Leopold I, Holy Roman Emperor...

. The number of women working legally and illegally at least from time to time as prostitutes is estimated between 3,500 and 6,000; it is estimated that they totally serve 15,000 clients per day. A similar relation of prostitutes to population number can also be found in other Austrian cities. For example, in 2008 there were 120 registered prostitutes in Linz
Linz
Linz is the third-largest city of Austria and capital of the state of Upper Austria . It is located in the north centre of Austria, approximately south of the Czech border, on both sides of the river Danube. The population of the city is , and that of the Greater Linz conurbation is about...

, which has approximately 10% of the size of Vienna.

Before the Wende
Die Wende
marks the complete process of the change from socialism and planned economy to market economy and capitalism in East Germany around the years 1989 and 1990. It encompasses several processes and events which later have become synonymous with the overall process...

 there was a relatively good cooperation between police and prostitution from which both sides had their benefits: The pimps were allowed to regulate their turf war
Turf war
According to Wordnet the definition of a turf war is "a bitter struggle for territory or power or control or rights". For example: a turf war erupted between street gangs; the president's resignation was the result of a turf war with the board of directors. In larger companies Turf wars could...

s themselves; on the other hand they served as informants for the police. After the fall of the Iron Curtain
Iron Curtain
The concept of the Iron Curtain symbolized the ideological fighting and physical boundary dividing Europe into two separate areas from the end of World War II in 1945 until the end of the Cold War in 1989...

, however, the situation changed. Many young women from the former Eastern bloc
Eastern bloc
The term Eastern Bloc or Communist Bloc refers to the former communist states of Eastern and Central Europe, generally the Soviet Union and the countries of the Warsaw Pact...

 came to Austria and were willing to work for less money than the Austrian women. Additionally organized crime groups from southern and eastern Europe entered the prostitution scene in Austria. In the following years, in particular in the 1990s, the number of registered prostitutes decreased and the number of unregistered prostitutes increased. Nowadays 60 to 90 percent are migrants, mainly from the former east bloc countries, among them many commuters from the close Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...

. For example, the police detained several nurses from Bratislava
Bratislava
Bratislava is the capital of Slovakia and, with a population of about 431,000, also the country's largest city. Bratislava is in southwestern Slovakia on both banks of the Danube River. Bordering Austria and Hungary, it is the only national capital that borders two independent countries.Bratislava...

 who earned more money in one night on the streets of Vienna than in a whole month in the hospital in Bratislava.

The Austrian Federal Ministry of the Interior considers the illegal prostitution as a problem because it comes along with crimes like human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

, pimping and rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

. In addition, unregistered prostitution creates health problems. A quarter of the arrested unregistered prostitutes had multiple infections with sexually transmitted diseases. On the other hand, according to the health authorities of Vienna, registered prostitutes are the most healthy group of persons.. Because of this the Austrian Federal Ministry of the Interior wants to transform illegal prostitution to a legal one. Similar to the ministry, several human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 and migrants organizations who highlight the bad life and working conditions of prostitutes want a detabooization of prostitution and improve the working and social conditions of sex workers and to abolish the discrimination in the working rights and in the rights of residence. In early 2007 this topic was also discovered by politics and it was discussed to end the unconscionable state of prostitution and to find a legal regulation similar to the German law.

Support for (migrant) sex workers in Austria exists since the beginning of the 1990s through the NGO LEFÖ (Information, Education and Support for Migrant Women) LEFÖ is the Austrian partner of the pan-European network TAMPEP
TAMPEP
TAMPEP is an international organization that supports the health and human rights of migrant sex workers in Europe. Founded in 1993 with headquarters in Amsterdam, the organization initially operated in Italy, Austria, Germany and the Netherlands...

 that provides HIV/STI prevention and health promotion among (migrant) sex workers. Other counselling centres for sex workers exist in Vienna (Sophie) and Linz
Linz
Linz is the third-largest city of Austria and capital of the state of Upper Austria . It is located in the north centre of Austria, approximately south of the Czech border, on both sides of the river Danube. The population of the city is , and that of the Greater Linz conurbation is about...

 (LENA). Additionally the organization Maiz in Linz offers consulting for migrants working in the sex industry. Since 2005, the group www.sexworker.at is a platform for sex workers and allies that is based in Vienna and operates in the German-speaking region. They are a self-organisation of sex workers and promote the recognition of sex work as legitimate activity and the self-determination and political inclusion of sex workers into decision-making and policy development, implementation and evaluation.

There is an increase of Nigerian prostitutes in Austria, whereby it was found out that many of them are victims of human trafficking and forced prostitution. The NGO Exit documents stories of these victims to increase public awareness. Furthermore, Exit counsels victims who seek help in special African dialects. Exit was initiated by Joana Adesuwa Reiterer, a Nigerian actress and writer based in Vienna who, after escaping a marriage with a pimp, started her research on human trafficking from Africa to Austria for sexual exploitation.

Human trafficking

Origin of registered Austrian prostitutes (2011)
Country Percentage
Romania 29%
Hungary 25%
Bulgaria 15%
Slovakia 8%
Nigeria 7%
Czech Republic 6%
Austria 4%
Other 6%


Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...

 is both a transit and a destination country for women and children trafficked from Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...

, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...

, Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...

, Moldova
Moldova
Moldova , officially the Republic of Moldova is a landlocked state in Eastern Europe, located between Romania to the West and Ukraine to the North, East and South. It declared itself an independent state with the same boundaries as the preceding Moldavian Soviet Socialist Republic in 1991, as part...

, Belarus
Belarus
Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...

, Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...

, Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...

, Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...

, and sub-Saharan Africa
Sub-Saharan Africa
Sub-Saharan Africa as a geographical term refers to the area of the African continent which lies south of the Sahara. A political definition of Sub-Saharan Africa, instead, covers all African countries which are fully or partially located south of the Sahara...

 for the purposes of commercial sexual exploitation. Most trafficked women are brought to Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...

 with promises of unskilled jobs, such as nannies or waitresses. Upon arrival they are often coerced into prostitution. According to police, there also were some women who knowingly entered the country to work as prostitutes but were forced into dependency akin to slavery. Most victims were in the country illegally and feared being turned over to authorities and deported. Traffickers usually retained victims' official documents, including passports, to maintain control over them. Victims reported being subjected to threats and physical violence. A major deterrent to victim cooperation with authorities was fear of retribution, both in Austria and in the victims' countries of origin.

Traffickers include citizens, who are generally connected with licensed brothels, and foreign nationals, who are involved primarily with unlicensed brothels. Authorities estimated that organized crime groups from Eastern Europe
Eastern Europe
Eastern Europe is the eastern part of Europe. The term has widely disparate geopolitical, geographical, cultural and socioeconomic readings, which makes it highly context-dependent and even volatile, and there are "almost as many definitions of Eastern Europe as there are scholars of the region"...

, including Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

, controlled much of the trafficking. Police were also aware of cooperation between domestic and foreign citizens to traffic foreign prostitutes through the country. Some victims are trafficked through Austria to Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, and Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

. Women from Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...

 are trafficked through Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

 and Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 to Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...

for the purpose of sexual exploitation.

Police and NGOs identified a combined total of 203 trafficking victims in 2008, up from 170 in 2007. In 2007, 30 trafficking offenders for whom trafficking was the leading charge were convicted, an increase from 18 such convictions in 2006. The government improved its funding for victim protection, and continued to undertake proactive prevention campaigns in 2008. The government published a brochure on child trafficking in 2008 to raise awareness and provide advice on assisting this population of victims.

Literature

  • Josef Schrank: Die Prostitution in Wien in historischer, administrativer und hygienischer Beziehung. 1. Band Die Geschichte der Prostitution in Wien, Selbstverlag, Wien 1886
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