Prostitution in Denmark was partly decriminalised in 1999, based partly on the premise that it was easier to police a legal trade than an illegal one. Third-party activities, such as profiting from

brothel A brothel, strumpet house, bordello, bawdy house, ranch, house of ill repute, house of ill fame, or whorehouse is a place where people engage in Human sexual activity, sexual activity with prostitutes. For legal or cultural reasons, establis ...

administration and other forms of procuring, remain illegal activities in

Denmark Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...

, as do

pimp Procuring, pimping, or pandering is the facilitation or provision of a prostitute or other sex worker in the arrangement of a sex act with a customer. A procurer, colloquially called a pimp (if male) or a madam (if female, though the term "pimp" ...

ing and

prostitution Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, no ...

of minors.

History

Early period

The Civil Code of 1683, or '' Christian 5.s Danske Lov'' (also enacted in the Danish province of

Norway Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. The remote Arctic island of Jan Mayen and the archipelago of Svalbard also form part of the Kingdom of ...

as the Civil Code of 1687 or '' Christian Vs Norske Lov'') explicitly banned extramarital sex (including prostitution) as

fornication Fornication generally refers to consensual sexual intercourse between two people who are not married to each other. When a married person has consensual sexual relations with one or more partners whom they are not married to, it is called adu ...

. Danish law prescribed jail for men and whipping for women caught in

. Prostitution ("professional

") was regulated in Denmark during the nineteenth century, with police playing an active part. Nineteenth-century policies to prostitution were driven by the idea that it was a primary source for

sexually transmitted diseases A sexually transmitted infection (STI), also referred to as a sexually transmitted disease (STD) and the older term venereal disease (VD), is an infection that is spread by sexual activity, especially vaginal intercourse, anal sex, oral ...

, with women being registered and subject to increasingly regular examinations. In 1815, registration of prostitutes was introduced in

Copenhagen Copenhagen ( ) is the capital and most populous city of Denmark, with a population of 1.4 million in the Urban area of Copenhagen, urban area. The city is situated on the islands of Zealand and Amager, separated from Malmö, Sweden, by the ...

, with women being registered as prostitutes in the police records, forced to register at a (police surveilled) 'tolerated'

and subjected to regular examinations, with forced hospitalisation during illness. Technically prostitution was still illegal, so regulation was carried out discreetly by order of King Frederick VI (1808–1839). On 11 February 1863, this policy was officially recognised and given some legal ground, and in 1874, the system of regulated prostitution was officially introduced in Danish law, with legal grounds for forced examination and hospitalisation of suspected prostitutes. These policies became the target of women's groups and religious groups, such as the Foreningen imod Lovbeskyttelse for Usædelighed, forcing some relaxation in 1885. Brothels were eventually banned in 1901, and in 1906 forceful examination was abandoned.

Modern era

Decriminalisation occurred in 1999. In 2006, the government announced a campaign to combat prostitution and racketeers involved in organising the trade and

human trafficking Human trafficking is the act of recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or coercion for the purpose of exploitation. This exploitation may include forced labor, sexual slavery, or oth ...

, following a commissioned police report entitled ''Strategi for en styrket politimæssig indsats mod prostitutionens bagmænd (Strategy for an enhanced police effort against the masterminds of prostitution)''. Justice Minister Lene Espersen (DFK) announced an intensified police effort against traffickers while promising a more sympathetic approach to victims and witnesses, with new police reforms effective 1 January 2007. This would replace an earlier strategy due to expire at the end of 2006. In February 2013, Justice Minister Morten Bødskov announced further measures and introduced a bill, arising from the 2012 report of the Criminal law Council, extending provisions against exploitation from brothels to escort services and street prostitution, increasing penalties and giving police more powers.

Review 2012

In 2009, the Ministry of Justice ordered the Criminal Code Council (''Straffelovrådet'') to undertake a comprehensive review of Chapter 24, and they delivered their report in November 2012. In the terms of reference, they were asked specifically to comment on whether the buying of sex should be banned. Amongst their recommendations were; * To introduce a new comprehensive provision for the involvement of a person under 18 years in prostitution * Eliminating special provisions for the participation of 18- to 20-year-olds in prostitution * That prostitution business in other forms than keeping a brothel be covered by including the provision of escort services * To decriminalise the involvement of third parties in prostitution, where the agent does not operate by exploiting the prostitution of others * The removal of the Penal Code provisions involving the request or invitation to fornication that arouses public indignation * To eliminate the possibility that a person is prevented from entering a particular restaurant for the sole reason that he or she works as a prostitute In addition, the Council proposed adjusting the maximum penalties for the participation of a child under 18, for payment or promise of payment, having sexual relations with a client, or for being a spectator to a show with pornographic performances involving a child under 18, in order to meet the demands of the EU directive on combating the sexual abuse of children. They also proposed adjusting the maximum penalties for aiding the prostitution of others. With regards to a ban on buying sex, the Council concluded that such a ban would only be justified as a moral rejection of the purchase of sex. With the knowledge on prostitution in Denmark and the information on the experience of the ban on buying sex in other countries, the council's opinion was that a ban on buying sex will not have a significant positive impact in any other respects than the punishing those who purchase sex. On the contrary, a ban on buying sex could have negative consequences for a number of prostitutes in terms of worsening economic conditions and in the form of increased stigma. On receiving their report, the

Minister of Justice A justice ministry, ministry of justice, or department of justice, is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

(''Justitsministeren'') Morten Bødskov made these remarks: "The government has also decided to follow the Criminal Code Council recommendation not to impose a ban on buying sex (''købesex''). The Criminal Council study shows that a ban on buying sex is not likely to lead to a decrease in prostitution or the exploitation of prostitutes, but rather is likely to have negative consequences for the prostitutes." (21 November 2012)."Regeringen har desuden besluttet af følge Straffelovrådets anbefaling om ikke at indføre et forbud mod købesex. Straffelovrådets undersøgelse viser, at et forbud mod købesex ikke kan forventes at føre til at fald i prostitutionen eller i udnyttelsen af prostituerede, men tværtimod må forventes at have negative konsekvenser for de prostituerede."

Legal texts

§ 228
(1) Any person who- 1) induces another to seek a profit by sexual immorality with others; or 2) for the purpose of gain, induces another to indulge in sexual immorality with others or prevents another who engages in sexual immorality as a profession from giving it up; or 3) keeps a brothel; -shall be guilty of procuring and liable to imprisonment for any term not exceeding four years. (2) The same penalty shall apply to any person who incites or helps a person under the age of twenty-one (21) to engage in sexual immorality as a profession, or to any person who abets some other person to leave the Kingdom in order that the latter shall engage in sexual immorality as a profession abroad or shall be used for such immorality, where that person is under the age of twenty-one (21) or is at the time ignorant of the purpose. § 229
(1) Any person who, for the purpose of gain or in frequently repeated cases, promotes sexual immorality by acting as an intermediary, or who derives profit from the activities of any person engaging in sexual immorality as a profession, shall be liable to imprisonment for any term not exceeding three years or, in mitigating circumstances, to simple detention or a fine. (2) Any person who lets a room in a hotel or an inn for the carrying on of prostitution as a profession shall be liable to simple detention or imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine. § 233
Any person who incites or invites other persons to prostitution or exhibits immoral habits in a manner which is likely to annoy others or arouse public offence shall be liable to simple detention or to imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine.

Demographics

The

US State Department The United States Department of State (DOS), or simply the State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs o ...

said that a 2008 report from the National Board of Social Services states that police estimate the number of persons involved in prostitution is approximately 5,500. The traditional center for prostitution in

is the district behind the Copenhagen Central Rail Station (mainly Istedgade, Halmtorvet and Skelbækgade). At the commencement of 2009, the number of street-based sex workers and sex-oriented businesses in the area was declining, but there appeared to be a growth in numbers by the middle of that same year. Most of the people entering the industry originated from Eastern Europe and Africa. Like many other European cities, many sex workers now use internet-based advertisements for incall and outcall services.

Migration and sex trafficking

A 2009 study by

TAMPEP TAMPEP (European Network for the Promotion of Rights and Health among Migrant Sex Workers) is an international organisation that supports the health and human rights of migrant worker, migrant sex workers in Europe.Margaret DucketMigrants' Right ...

estimated that migrant workers make up 65% of all prostitutes in Denmark. However, the most recent report from the Servicestyrelsen agency states that about half of the sex workers in Denmark are migrants. The largest group, about 900, come from

Thailand Thailand, officially the Kingdom of Thailand and historically known as Siam (the official name until 1939), is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. With a population of almost 66 million, it spa ...

and, typically, these workers hold a

residence permit A residence is a place (normally a building) used as a home A home, or domicile, is a space used as a permanent or semi-permanent residence for one or more human occupants, and sometimes various companion animals. Homes provide shelte ...

or Danish citizenship. The migrant workers are entitled to a wide range of social and health benefits, but are not always aware that such services exist for them. The next largest group, totaling about 1,000, are from

European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...

(EU) countries in Central and Eastern Europe, but tend to commute between Denmark and their homeland; such individuals are therefore not entitled to receive assistance from Danish

social services Social services are a range of public services intended to provide support and assistance towards particular groups, which commonly include the disadvantaged. Also available amachine-converted HTML They may be provided by individuals, private and i ...

. The third largest sex worker migrant group, from Africa (especially

Nigeria Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...

), numbers around 300 and a number of the African migrants commute between other

Schengen Area The Schengen Area ( , ) encompasses European countries that have officially abolished border controls at their common borders. As an element within the wider area of freedom, security and justice (AFSJ) policy of the European Union (EU), it ...

countries and Denmark. (A similar situation exists in

.) A number of women from all three migrant groups may be victims of

, the actual proportion is unknown, with no reliable figures detailing the number of trafficked persons currently available for analysis. In 2008 the police met with 431 women suspected of association with trafficking and 72 were confirmed to be victims. According to Copenhagen police, women are recruited in their native countries, transported to Denmark, and then forced into prostitution.

Clients

A 2005 study of male clientele by Claus Lautrups found that 14% of Danish men have paid for sex at least once.

Political debates

The then-

Social Democrat Social democracy is a Social philosophy, social, Economic ideology, economic, and political philosophy within socialism that supports Democracy, political and economic democracy and a gradualist, reformist, and democratic approach toward achi ...

(S) government of

Poul Nyrup Rasmussen Poul Oluf Nyrup Rasmussen (, informally Poul Nyrup, born 15 June 1943) is a retired Danish politician, who served as Prime Minister of Denmark from 25 January 1993 to 27 November 2001 and President of the Party of European Socialists (PES) from ...

reformed the penal code on 17 March 1999, coming into force on 1 July 1999 to decriminalise prostitution. The Social Democrats lost power in 2001. As elsewhere in

Scandinavia Scandinavia is a subregion#Europe, subregion of northern Europe, with strong historical, cultural, and linguistic ties between its constituent peoples. ''Scandinavia'' most commonly refers to Denmark, Norway, and Sweden. It can sometimes also ...

, there has been a continuing debate about the status of prostitution laws. The then-opposition

Social Democrats Social democracy is a social, economic, and political philosophy within socialism that supports political and economic democracy and a gradualist, reformist, and democratic approach toward achieving social equality. In modern practice, s ...

and feminist groups favoured outlawing the buying of sexual acts in 2009. This would have put Denmark in line with

Sweden Sweden, formally the Kingdom of Sweden, is a Nordic countries, Nordic country located on the Scandinavian Peninsula in Northern Europe. It borders Norway to the west and north, and Finland to the east. At , Sweden is the largest Nordic count ...

, and

Iceland Iceland is a Nordic countries, Nordic island country between the Atlantic Ocean, North Atlantic and Arctic Oceans, on the Mid-Atlantic Ridge between North America and Europe. It is culturally and politically linked with Europe and is the regi ...

, Norway having adopted such legislation in 2009. This position was supported by a number of opposition parties, including the Red-Green Alliance (''Enhedslisten'', EL) and the Socialist People's Party (SF), but not the

Social Liberals Social liberalism is a political philosophy and variety of liberalism that endorses social justice, social services, a mixed economy, and the expansion of civil and political rights, as opposed to classical liberalism which favors limited g ...

(R). This position had little popular support, only about 26% supporting the measure. (see

Public opinion Public opinion, or popular opinion, is the collective opinion on a specific topic or voting intention relevant to society. It is the people's views on matters affecting them. In the 21st century, public opinion is widely thought to be heavily ...

). At that time, Denmark was governed by a

centre-right Centre-right politics is the set of right-wing politics, right-wing political ideologies that lean closer to the political centre. It is commonly associated with conservatism, Christian democracy, liberal conservatism, and conservative liberalis ...

minority government A minority government, minority cabinet, minority administration, or a minority parliament is a government and cabinet formed in a parliamentary system when a political party or coalition of parties does not have a majority of overall seats in ...

consisting of the

Liberal Party The Liberal Party is any of many political parties around the world. The meaning of ''liberal'' varies around the world, ranging from liberal conservatism on the right to social liberalism on the left. For example, while the political systems ...

(''Venstre'', V) and the Conservative People's Party (''Det Konservative Folkeparti'', DKF). In June 2011, responding to both an opinion poll and recent

research Research is creative and systematic work undertaken to increase the stock of knowledge. It involves the collection, organization, and analysis of evidence to increase understanding of a topic, characterized by a particular attentiveness to ...

(which see) the opposition

(S), supported by the Socialist People's Party (SF), were in favour of the Swedish model of banning the purchase of sex, and did not consider the issue of rights identified in the 2011 poll. This put them at odds with the minority governing parties, the Liberals (Venstre) (V), although the position of the junior governing party, the

Conservatives Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civilizati ...

's (K), position was less clear. On the other hand, the opposition People's Party (DF) was more supportive of rights, looking to

New Zealand New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...

. In Denmark's complex political mosaic, the Radicals (Social Liberals) (R), who were divided on the issue, were in a position of holding the balance of power on the issue. It was anticipated that if the Social Democrats were returned to power, they would follow Sweden's example. In the September 2011 elections, the centre-right coalition lost power to a

centre-left Centre-left politics is the range of left-wing political ideologies that lean closer to the political centre. Ideologies commonly associated with it include social democracy, social liberalism, progressivism, and green politics. Ideas commo ...

coalition led by the Social Democrats, together with the Social Liberals and the Socialist People's Party (''Socialistisk Folkeparti'', SF), and were in a position to change the laws. However, the Socialist People's Party withdrew from the coalition on 30 January 2014, leaving the Social Democrats heavily dependent on the support of the opposition Venstre, and consequently having to modify their election promises, although the Socialist People's party continue to support the government.

Public opinion

A public opinion poll in 2011 showed that 61% of Danes think Danish sex workers should have more rights, and their profession recognised. Support was found by the majority of voters for all parties, but most noticeably for the relatively small Liberal Alliance (LA). The question was: ''"In Denmark, prostitution is legal, and prostitutes are in principle taxable. Prostitution is not recognised as a profession, and the prostitutes are not able to join a union, receive benefits, or be eligible for employment insurance. Are you in favour or opposed to prostitutes being allowed to join a union in order to receive benefits and employment insurance?"''Danskerne vil give prostituerede flere rettigheder
Altinget.dk 10 June 2011

Research

In 2010, the Danish government, responding to criticisms that the debate on prostitution was largely based on myths and stereotypes, allocated DKK 4 million for a national survey by ''Det Nationale Forskningscenter for Velfærd'', which was published in 2011 as ''Prostitution i Danmark''. The report stressed that prostitution cannot be treated as a monolithic or homogeneous entity, in particular drawing a distinction between outdoor (street) and indoor work. It suggested a more targeted approach, pointing out that most sex workers had chosen their profession, rather than being coerced.

Autonomous constituent countries

Faroe Islands

Under Danish Jurisdiction, the legal status of prostitution remains lawful. However, there is no evidence of organised prostitution within the self-governing territory.

Greenland

Prostitution in

Greenland Greenland is an autonomous territory in the Danish Realm, Kingdom of Denmark. It is by far the largest geographically of three constituent parts of the kingdom; the other two are metropolitan Denmark and the Faroe Islands. Citizens of Greenlan ...

is illegal. Although the country is subject to the

law of Denmark Law in Denmark follows a civil law system. Private law * The governs labour law concerning salaried employees. The governs vacation time for employees. * The governs consumer law. * The governs landlord–tenant law. * Privacy law in Denma ...

in most areas of legislation, Denmark's decriminalisation of prostitution in 1999 has not been applied in Greenland. In addition, Greenland is exempt from the obligations of the Palermo Protocol on human trafficking to which Denmark is a signatory, but there is little evidence of human trafficking in Greenland. A report published in 2008 indicated that Greenland had no signs of visible or organised prostitution, no services directed specifically at prostitutes and no instances of prostitution-related court cases. It did, however, refer to claims that

transactional sex Transactional sex refers to sexual relationships where the giving and/or receiving of gifts, money or other services is an important factor. The participants do not necessarily frame themselves in terms of Prostitution, prostitutes/clients, but oft ...

had sometimes been used, for example, in return for temporary housing. In a tradition associated with

Greenlandic Inuit The Greenlandic Inuit or sometimes simply the Greenlandic are an ethnic group and nation Indigenous peoples of the Americas, indigenous to Greenland, where they constitute the largest ethnic population. They share a common #History, ancestry, ...

, hosts have been reported to have offered their wives to guests in a form of "hospitable prostitution". The colonists who founded the country's capital

Nuuk Nuuk (; , formerly ) is the capital and most populous city of Greenland, an autonomous territory in the Kingdom of Denmark. Nuuk is the seat of government and the territory's largest cultural and economic center. It is also the seat of gove ...

in 1728 included prostitutes among their number.

References

Notes

Bibliography

Nordic policies

May-Len Skilbrei. Prostitution Policy in the Nordic Region. Ashgate 2013

May-Len Skilbrei and Charlotta Holmström. The ‘Nordic model’ of prostitution law is a myth. The Conversation 16 December 2013
* Skilbrei, May-Len & Charlotta Holmström (2013): Prostitution Policy in the Nordic Region. Ambiguous Sympathies, Farnham: Ashgate.

History

* [https://web.archive.org/web/20110719121734/http://www.danmedbul.dk/Dmb_2006/0206/0206-phd/DMB3840.htm Merete Bøge Pedersen: Tempting outcasts. On common prostitutes in the 19th century. Bibliotek for Læger 2006;198:38-57]