German brothel given legal all-clear

A Berlin court decision has gone a long way towards legalising brothels

By Craig Francis, CNN.com writer

BERLIN, Germany -- A Berlin court ruling that allowed a bar doubling as a brothel to stay open could prove a stepping-stone to legitimising the sex industry in Germany.

The ruling has come at a time when the German government is debating the merits of acknowledging prostitution as a legitmate business with legally enforceable contracts between client and prostitute.

The government has been openly examining the liberal approach to prostitution adopted by countries such as Sweden and the Netherlands where the emphasis is on harm reduction rather than punitive action.

The decision by Judge Percy Maclean, which can still be appealled against in a higher court, rejected an application to close down a well-known and aptly named bar, Café Pssst.

In passing his judgement, the judge said prostitution was now a morally acceptable pursuit as long as it involved consenting adults working in a safe and hygenic environment.

While prostitutes were hailing the decision as legalising Germany's first brothel, Regine Laaser of the Berlin-based prostitute support group Hydra said the decision was a mixed blessing for sex workers.

"The decision is important in that it allows someone to run a prositution operation but it will not have any beneficial effect on the women working in the industry," Laaser told CNN.com.

"Legalisation in itself is not really very attractive for the girls if nothing is done to examine premises and protect the women.

"The only thing the government seems interested in is the money (from potential income tax) and the health issue is secondary. At the moment the girls do not pay tax and do not have to declare officially what it is they do -- and that is the way many of them like it," said Laaser.

Hydra estimates that less than 10 percent of prostitutes currently pay income tax.

About 500 women work as prostitutes in Berlin, earning between DM 1000 ($475) and DM 3000 ($1423) per month tax-free.

Many Berlin brothels maintain a an air of normalcy by operating as bars, frequently with x-rated cinema lounges attached.

Foreign sex workers, who comprise about half of Germany's prostitutes, could also be further marginalised if prostitution is legalised, Hydra claims.

"The increasing number of women coming to Germany from countries such as Thailand, Turkey and eastern Europe would be more vulnerable to exploitation because they would be outside the law," said Laaser.

The coalition government of Greens and Social Democrats has appointed a committee from the Women and Family Ministry to address issues such as discrimination against sex workers in areas including unemployment benefits and health insurance.

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Hydra
Prostitutes' Education Network
UNICEF
United Nations: Commission on the Status of Women

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