Prostitution in Denmark ("Prostitution" in Danish) is legal, but third party activities such as operating brothels and other forms of procuring are illegal activities.[1]
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Prior to 1999 a person could be a prostitute only if prostitution was not her main source of income. Prostitution was fully decriminalized on 17 March 1999, when changes were made in the penal code (Straffeloven), but practically it had been tolerated for a long time prior to these changes to the penal code. Both selling and buying sexual services are legal, but activities such as running brothels and pimping are illegal. The age of consent in Denmark is 15 years, however for prostitution it is 18 years, whether provider or client.[1] The Danish police have a special 'morality' unit (sædelighedspolitiet) to enforce the laws.
Since sex work is not recocgnised as a lawful profession, sex workers are not entitled to the protection of employment laws regarding, or unemployment benefits, but do have to pay taxes.[2]
The US State Department 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.[3]
The traditional center for prostitution in Copenhagen is the district behind the Copenhagen Central Rail Station (Mainly Istedgade, Halmtorvet and Skelbækgade), and until recently the number of street prostitutes and sexually oriented businesses in this area was declining. Now street prostitutes appears to be growing in numbers,[4] mainly from Eastern Europe and Africa. Like many other European cities, many prostitutes now use internet based ads for incall and outcall services.
A 2009 study by TAMPEP estimated that migrant prostitutes make up 65% of all prostitutes in Denmark.[5] The most recent report from the Servicestyrelsen agency states that about half of sex workers in Denmark are migrants, the largest group, about 900, come from Thailand. These, typically, have a residence permit or Danish citizenship. They are entitled to a wide range of social and health benefits, but are not always aware of these. The next largest group, about 1,000 are from EU countries in Central and Eastern Europe but tend to commute between Denmark and their homeland, and are therefore not entitled to help from Danish social services. While some of these women may be victims of trafficking, the proportion is unknown. The third largest group is from Africa, especially Nigeria, numberering around 300, and may have been trafficked. Some of these commute between other Schengen Area countries and Denmark (a similar situation exists in Norway).[6]
No reliable figures are available with regard to how many persons are being trafficked. 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.[3]
A 2005 study of male clients men by Claus Lautrups found that 14% of Danish men have paid for sex at least once.[7][8]
The Social Democrat (S) government of Poul Nyrup Rasmussen reformed the penal code on March 17th 1999, coming into force on July 1, to decriminalise prostitution.
As elsewhere in Scandinavia there has been a continuing debate about the status of prostitution laws. The opposition Social Democrats and some feminist groups favour outlawing the buying of sexual services.[9] This would put Denmark in line with Sweden, Norway and Iceland. This position was then supported by the Red-Green Alliance (Enhedslisten EL), Socialist People’s Party (SF), but not the Social Liberals (R). This had little popular support, only about 26% supporting the measure. (see Public opinion)
In 2011, responding to both an opinion poll and recent research (which see) the opposition Social Democrats (S), supported by the Socialist People's Party (SF) on this issue, and do not consider the issue of rights identified in the 2011 poll. This puts them at odds with the minority governing parties, the Liberals (Venstre) (V) although the position of the junior party, the Conservatives's (K), position is less clear. On the other hand, the opposition People's Party (DF) is more supportive of rights, looking to New Zealand. In Denmark's complex political mosaic, the Radicals (Social Liberals) (R) who are divided on the issue, may hold the balance of power on this issue.[2]
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 recognized as a profession, and the prostitutes are not able to join a union, receive benefits or be eligible for employment insurance. Are you in favor or opposed to prostitutes being allowed to join a union in order to receive benefits and employment insurance?"[2]
In 2010 the Danish Government, responding to criticisms that the debate on prostitution was largely based on myths and stereotypes, allocated four million kroner for a national survey by Det Nationale Forskningscenter for Velfærd[10] which was published in 2011, as Prostitution i Danmark.[11] 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 many sex workers had chosen their profession rather than being coerced.[2]
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