Prostitution legal reform in Belgium: Abandoning the abolitionist model in favour of a neo-regulatory approach

Abstract

The Belgian Criminal Code underwent significant reform with regard to sexual offences by the Law of 21 March 2022. Concerning the prostitution of people who are of legal age, the legislator has abandoned the abolitionist model and laid the foundations for a neo-regulatory model. Criminal sanctions are now based on the idea that prostitution should be able to be practised effectively, provided that the person offering his or her sexual services does so entirely voluntarily. Accordingly, the Law of 21 March 2022 enshrines the principle of authorising prostitution procurement - subject to certain conditions that have yet to be defined. It also makes it possible, by way of exception, to advertise prostitution. At the same time, the Criminal Code provides for measures to severely punish activities related to forced prostitution or to limit the commission of such offences. Nevertheless, the transition to the neo-regulatory model is not (yet) complete and some questions remain concerning, among other things, the respect by Belgium of its international obligations and the implementation of the new rules.

Keywords

• consensual prostitution
• belgium
• neo-regulatory model
• prohibitionist model
• prostitution procurement
• prostitution advertising
• incitement to prostitution
• professional ban
• closure of establishment
• vulnerable population