Does Sweden Show The Way For The Regulation Of Prostitution?

A little more than 15 years ago, Sweden passed a new revolutionary law to tackle its prostitution problem. The law, named ‘sexköpslagen‘ [Sex Purchase Act] in Swedish, was an exercise in thinking outside the box and responded to this issue in a way that had not been tried before in the European continent. Fast forward to 2014, and it seems that many other countries are following suit. In 2009 Norway and Iceland passed laws that were very similar to the Swedish original, and this system has recently been debated in France and Britain as well as the European Parliament. It certainly seems that Sweden has set a popular example when it comes to the regulation of prostitution. But what exactly is so special about Sweden’s sexköpslagen?

Different European models

At the moment most European countries’ attitudes towards prostitutes can be placed into four different groups:

1. The first model, famously popular in the Netherlands but also in Germany or Switzerland, treats prostitutes as legitimate professionals. Under this model sex workers are expected to work in more or less controlled environments and pay taxes just like any other employed person would do.

2. Then there is a second model, which is present in much of eastern Europe and the Balkan region, under which prostitutes are seen as criminals to be punished.

3. A third model accepts prostitution as an individual pursuit, but seeks to penalise the brothels and pimps that surround the job – this model is currently the most widespread, and can be found across the continent from Portugal to Finland, Italy to the United Kingdom.

4. The fourth model, recently introduced by Sweden, treats sex workers as victims rather than as legitimate professionals or as criminals. The system assumes that, in most cases, prostitutes do not wish to do what they do, and they should not be punished for doing so. Where other systems seek to either restrict the supply of prostitution or make sure that the working conditions are safe, the Swedish model instead targets the demand side of the equation. People who seek to buy sex face hefty fines and even prison sentences, but the prostitutes themselves are not punished.

Evaluating the Swedish model

Given the opacity of modern prostitution, it is particularly hard to evaluate the effects of any regulation of this area. However, most of the available evidence suggests that the new system has had positive results. Since the introduction of the new legislation, the number of prostitutes active in Sweden has been drastically reduced. According to proponents of the new law, this in itself is a positive result because prostitution is strongly linked to human trafficking, and therefore a reduction of the country’s sex market has arguably led to fewer vulnerable sex workers being forcefully taken to Sweden.

. The country’s booming Feminist Party has also shown its support for the law.

As one would expect with a topic as controversial as prostitution, some have raised concerns about the goals of Sweden’s sexköpslagen. Many liberals, in Sweden and elsewhere, have claimed that the country’s anti-prostitution legislation limits people’s individual right to do whatever they want – even if that includes selling their own bodies. However, given the number of prostitutes that have been raped, beaten or suffered from post-traumatic stress disorder, it seems naïve to claim that sex work is a profession like any other.

Meanwhile, others have suggested that punishing those who pay for sex will only drive the market underground, and make conditions worse for those who are a part of it. This is a fair point: with the growth of the Internet, it has become easier to run illegal activities without the authorities knowing. However, there is still strong evidence that pimps and prostitutes will move away from countries with restrictive legislations into more liberal ones, rather than drive their business underground.

Exporting the model

However, much of the available evidence suggests that Sweden’s sexköpslagen helps more people than it harms, which is in itself a success. It is hardly surprising that most of the country’s population is happy with the results, and that the law has become a matter of public debate in several other European countries.

There is one final point worth making. While more countries may try to imitate the Swedish example in coming years, success is by no means guaranteed. If Sweden’s legislation achieved positive results it is precisely because it is more than just a piece of legislation. Together with the country’s sexköpslagen came a series of social measures aimed at offering sex workers a safe way out, such as specialised prostitution units to provide advice and therapy, as well as housing and employment support.