Prostitution remains a largely overlooked reality in Luxembourg, raising unresolved legal, social, and health questions.
These were at the centre of a round-table discussion held on Wednesday at ErwuesseBildung in Luxembourg City, where representatives of the Luxembourg Red Cross, the University of Luxembourg, and the Consultative Commission on Human Rights (CCDH) examined the country's current legal framework and the position of sex workers within Luxembourg society.
"Luxembourg has adopted a neo-abolitionist model. It penalises clients and regards prostitutes as victims", said Jessica Lopes, who moderated the discussion and is vice-president of the Association for the Support of Migrant Workers (ASTI).
The model was strongly criticised for its limited effectiveness in practice. In reality, clients are rarely penalised in Luxembourg, while prostitutes are often left to fend for themselves, they explained.
Many lack any recognised status or valid papers and therefore have no access to social security.
Those who do gain access have often had to find ways around the system. To account for their income, "some present themselves as massage therapists or performers", they explained. Others remain in precarious circumstances, leaving them even more exposed to the risks associated with their work.
Combined with a relationship of mistrust towards the police, this can create conditions in which pimps and sexual offenders frequently escape detection.
"The legal framework does not encourage people to speak out", said Salomé Lannier, postdoctoral researcher at the University of Luxembourg.
She explained that clients can sometimes help prevent crimes connected with prostitution and pimping.
"Clients sometimes raise the alarm when they realise they may be dealing with a minor", Lannier said. "That is not possible in a system based on penalising the client."
Noémie Sadler, lawyer and president of the CCDH, said Luxembourg needed to "consider a more effective legal framework". She also raised the possibility of regularising the status of sex workers, while reiterating the CCDH's official position: "Prostitution remains a violation of human rights."
Until new regulations are introduced, the Red Cross's dropIn service seeks to provide support and medical care to "any woman or man involved in prostitution, regardless of nationality, status or age".
Ashanti Berrend, who oversees the National Centre for Victims of Violence (CNVV) for the Luxembourg Red Cross, explained that it is "a dedicated service for sex workers" that addresses basic needs such as food, drink, and personal protection.
While some continue to support a complete ban on prostitution, Lannier pointed out that "punishment often creates collateral victims" without necessarily bringing the practice to an end.
She has examined approaches adopted abroad, including in the Netherlands, Germany, and, in particular, New Zealand, where prostitution has been decriminalised and regulated. According to Lannier, the results have been relatively encouraging.
In Luxembourg, the latest bill seeking such a change was submitted by MP Fernand Kartheiser of the Alternative Democratic Reform Party (ADR). He argued that prostitution should be legalised as a form of self-employment.
The Council of State expressed several reservations, while the Chamber of Commerce raised questions about how such a system would be implemented and what consequences it might have.
At present, no new legislation is planned to legalise or regulate prostitution in the Grand Duchy. Luxembourg's most recent National Prostitution Action Plan dates back to May 2016, while the last major field study was conducted in 2007.
"Perhaps it is time to put the subject back on the table", Lopes concluded at Wednesday evening's discussion. Lannier underlined that sex work already takes several forms in Luxembourg, including webcam work, adult films, and prostitution.
