Reducing human trafficking requires a variety of measures. In connection with prostitution, a general "ban on the sale of sexual services" is often considered to be a remedy. However, experts in Austria are largely in agreement that it is better to regulate sexual services than to push the existing market into illegality by trying to ban it. Even though prostitution is a particularly precarious and exploitative field of work, many women consciously take the decision to make a living by selling sexual services.
Countries that have introduced a ban show that demand cannot be effectively prevented and pushed sex service providers into illegality, where they are exposed to an even greater risk of exploitation. Whereas a legal market offers the chance to influence working conditions, allows for controls and makes it easier to identify and support potential victims of sexual violence or coercion including trafficking. But also regulation poses great challenges. First, it is important to uphold the sexual integrity of those who work in prostitution β a balancing act, since the activity consists of sexual acts.
Second, it is still a working environment characterized by pimping and exploitation, a fact that must be taken into account in all regulations. Moreover and upmost, given the specific risks involved, it is also necessary to create alternative employment opportunities that make it possible to change at all times.
According to the current case law of the Supreme Court, contracts for sexual services between sex service providers on the one hand and customers on the other are generally permissible. However, this does not create an obligation to actually provide the sexual service. This restriction is necessary to protect the sexual integrity of sex service providers. However, the Supreme Court has so far not commented on whether also working contracts are generally admissible.
From a labour law point of view, sex service providers are so far generally regarded as self-employed, regardless of their actual working conditions. In practice, this leads to legal uncertainty. Another federally relevant regulation is the obligation for sex service providers to undergo an examination for specific sexually transmitted diseases every six weeks. Though conditions under which sexual services may actually be offered fall within the regulatory competence of the federal states.
