Re: [Stop-traffic] Request: Dutch legislation on prostitution and trafficking in humanbeings.

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Subject: Re: [Stop-traffic] Request: Dutch legislation on prostitution and trafficking in humanbeings.
From: Marieke van Doorninck (
Date: Thu Oct 19 2000 - 09:09:35 EDT

Hi Aiko,
Prostitution has been legal in the Netherlands for ages (since 1810) but all
forms of exploitation of prostitution were forbidden till 1 october 2000.
The Dutch penal code contained since 1911 an article (250bis) that put a
penalty of one year imprisonment for anyone that organizes or benefits from
the prostitution of somebody else. This article has never been an effective
tool to prosecute brothel owners. And the last half a century the Public
Prosecution has adopted the policy of condoning: the acceptance of
prostitution houses as long as there is no other crime and there is no
public disorder. In practice, a rather informal regulatory system has been
developed in the cities were prostitution occurs, with the use of city
bylaws. The motive of the municipalities is public order, thereby amplifying
the state's tendency to turn a blind eye to the business if all is quiet.
The expansion of the sex industry in many cities has led to a need for local
governments for a better regulating instrument. Amsterdam started a
unofficial licensesystem in 1996.
The central theme of the new law was to reconcile the Penal Code with
reality, to restrict penal activity to forced prostitution -and raise the
maximum sentence, from 1 to 6 years - and to regulate voluntary prostitution
in the same way as other industries, basically through a municipal licensing

Let me know if you need more information.
best, Marieke van Doorninck

-----Oorspronkelijk bericht-----
Van: Joshi, Aiko <>
Aan: '' (Receipt Notification
Requested) (IPM Return Requested) <>
Datum: donderdag 19 oktober 2000 8:00
Onderwerp: RE: [Stop-traffic] Request: Dutch legislation on prostitution and
trafficking in humanbeings.

>I am sorry, but I do not quite understand re this new law because I was
under the assumption that prostitution was legal in certain parts of The
Netherlands, and since that would take place in brothels...? Or does this
law simply expand on the current legislation? Thank you.
>Aiko Joshi
>-----Original Message-----
>From: Marieke van Doorninck []
>Sent: Wednesday, October 18, 2000 7:52 AM
>Subject: Re: [Stop-traffic] Request: Dutch legislation on prostitution
>and trafficking in humanbeings.
>Dear Angelika,
>I'll try to answer all your questions as accurate as possible. If things
>not clear please give me a call (0031206247149)
>1. The ban on brothels is lifted the first of october 2000. The proposal
>for this change of law was made in 1997 and approved by parliament in 1999.
>In the past there have been two attempts to have the ban on brothels lifted
>but those were not accepted.
>2. persons from outside the EU (EER) were and are not allowed to work in
>dutch prostitution. Their presence have been tolerated on a very large
>for years. Only the last 3 years police in some regions has started to
>control the brothles for 'illegal' migrants. In case migrant women were
>found they were deported and the brothelowner would get a fine. In the new
>licensesystem (since 1 -10-2000) a brothelowner has to obey certain rules
>order to obtain and keep the license. If migrants without (the right)
>working papers are found in his brothel he can loose his lisence.
>3. Your information on the legislation on traffickig is rather up to date,
>but it's hardly possible to get a permanent residence permit after the
>criminal procedure. There is no possiblity to work during this period which
>is of course a very weak spot in the legislation. the women get welfare.
>Please do not hesitate to call me if you need more information.
>best wishes,
>Marieke van Doorninck, policy consultant
>Mr A. de Graaf Foundation, Institute for prostitution issues
>Westermarkt 4, 1016 DK Amsterdam
>tel: 020 - 6247149, fax: 020 - 6246529
>-----Oorspronkelijk bericht-----
>Van: Angelika Kartusch <>
>Aan: stop-traffic@SOLAR.RTD.UTK.EDU <stop-traffic@SOLAR.RTD.UTK.EDU>
>Datum: woensdag 18 oktober 2000 8:00
>Onderwerp: [Stop-traffic] Request: Dutch legislation on prostitution and
>trafficking in humanbeings.
>>dear collegues,
>>i am currently about to uptdate the report by the boltzmann institute of
>>rights on trafficking in women in austria and international standards.
>>therefore i urgently need some additional information on the regulation
>>of prostitution in the netherlands and also on the humanitarian
>>residence permit for trafficked persons.
>>i hope that someone can answer my following 3 questions:
>>1) when were brothels legalised in nl? (in bindman/doezema, redefining
>>prostitution, 1997, i read about relevant legal amendments in 1996, on
>>the stop trafficking list i currently read about a new law entering into
>>force on 1 october 2000 legalising prostitution and brothels. this
>>confuses me a bit.)
>>2)what about possibilities of migrant women to work as prostitutes in
>>nl? in "dutch to bar non-european prostitutes" (stop trafficking,
>>december 1999) the author wrote about a new law (or only a proposal?)
>>that would prohibit sex-work by non-european citizens, but according to
>>other sources, this was not legal before, either (bindman/doezema;
>>marijan wijers, stop trafficking, november 1999). so what is the legal
>>situation is like now and when has it been amended?
>>3) concerning the legislation on trafficking: when was the temporary
>>residence permit introduced? have there been some recent legal
>>amendments or is the information that we have (3 months time to think
>>over legal proceedings against the trafficker, then residence permit
>>during criminal procedure, afterwards possibility to obtain permanent
>>residence permit) still valid? is there also a possibility of social
>>insurance or access to the labour market ?
>>thank you very much in advance & best regards
>>angelika kartusch
>>Angelika Kartusch
>>Ludwig Boltzmann Institut für Menschenrechte (BIM)
>>Ludwig Boltzmann Institute of Human Rights
>>Hessgasse 1, A-1010 Wien
>>tel +43-1-4277-27438, fax -27430
>>bim on the web:
>>Stop-traffic mailing list
>Stop-traffic mailing list
>Stop-traffic mailing list

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