Debate: Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women’s rights
Date: WEDNESDAY, 13 SEPTEMBER 2023
Speaker: Věra Jourová
Language: EN

The Treaty considers sexual exploitation of women a so-called ‘euro-crime’. This means it is a very serious crime with a cross-border dimension, which needs to be addressed on a common basis. The Anti-Trafficking Directive provides for minimum common rules for Member States to address trafficking in human beings, for the purpose of exploiting the prostitution of others or other forms of sexual exploitation, insofar as the act is intentional and it is performed by the means listed in Article 2 of this directive. Article 3 of this directive also establishes that inciting, aiding and abetting or attempting to commit an offence amounting to trafficking in human beings for the purpose of exploiting others is punishable. In December 2022, the Commission presented a proposal to revise the Anti-Trafficking Directive, which would make it mandatory for Member States to criminalise the use of services which are the object of exploitation, including the exploitation of the prostitution of others, or other forms of sexual exploitation, with the knowledge that the person is a victim of trafficking in human beings. Outside the context of trafficking, child prostitution is criminalised in Article 4(5) to (7) of the Child Sexual Abuse Directive. When prostitution does not take place in connection with trafficking or does not concern minors, views differ on the most effective policies to safeguard women’s dignity and personal integrity. Member States therefore have different approaches and legislation in this area. The report brings this to attention. We know that women engaged in prostitution and sex workers are exposed to an increased risk of violence against women. Combating all types of violence against women and domestic violence is a key priority for me and for this Commission. This is why I am so pleased with the EU’s recent accession to the Council of Europe Istanbul Convention on Preventing and Combating Violence Against Women and Domestic Violence, which happened in June this year. This is complemented with the proposal for a directive to end gender-based violence against women and domestic violence, which the Commission proposed in March last year, and which you are currently negotiating with the Council. This proposal puts consent to sexual activities at the heart of the proposed common definition of rape, and I welcome your support on this matter in the context of the negotiations of this directive and your focus in this report on the importance of consent to any sexual activity. I was very happy when I heard today Ursula von der Leyen confirming a very strong position: ‘No means no’. The proposed directive seeks to strengthen the support for protection of and access to justice for victims of violence against women and domestic violence. It also seeks to prevent violence against women in the first place. The measures that this future directive will require will strengthen the public services for victims of violence against women, including women in prostitution and sex workers. These services include not only judicial protection against violence, but also social and healthcare services. I welcome your support of the proposal on this matter and the call in this resolution to Member States to commit resources for this purpose. On the side of the Commission, we will continue to use all available funding mechanisms to contribute to the fight against violence against women. I trust that this report will contribute to the policy reflections at both EU but also, where it is needed, at the national level.