Introduction
Prostitution has existed for a long time and will continue to do so. This requires a realistic approach on the part of government … prohibition is not the way to proceed … but one should allow for voluntary prostitution. The authorities can then regulate prostitution and the prostitution sector. It can then become healthy, safe, transparent and cleansed from criminal side-effects.
This quote is taken from a speech by the Minister of Justice, the Liberal Korthals, in October 1999, when he defended the repeal of the brothel ban in parliament (Handelingen Eerste Kamer (HEK) 1999–2000, 25437, 5-10-1999, 11). He added that all forms of forced prostitution would be combated vigorously. The quote presents in a nutshell the basic philosophy of current prostitution policy in the Netherlands, with its distinction between voluntary prostitution, to be regulated as sex work, and forced prostitution, to be prosecuted as illegal. The repeal was supported by the secular parties in parliament and opposed by the religious parties. Feminists in the Netherlands and the national women's policy agency supported the repeal of the ban, arguing that it is an important step forward in improving prostitutes' position.
The new legislation marks a profound shift from the abolitionist legislation in the Morality Acts of 1911, which outlawed brothels and made pimping a criminal offence. Prostitutes or clients were never liable to prosecution.
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