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UNCLAS SECTION 01 OF 03 BERLIN 000390 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EUR/AGS, EUR/PGI, DRL/IL, G/TIP, INL/HSTC, AND PRM 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN ELAB SMIG ASEC PGOV GM
SUBJECT: GERMAN FAMILY MINISTRY RELEASES EVALUATION OF 2002 
LAW ON STATUS OF PROSTITUTION 
 
REF: A. 06 BERLIN 1504 
 
     ¶B. 06 BERLIN 2465 
 
¶1.  (U) Summary:  German legislation enacted in 2002 to 
improve the legal and social situation of prostitutes -- and 
create conditions for them to get out of prostitution -- has 
enjoyed only partial success, according to a 200-plus page 
Family Ministry report released in late January.  The report 
states legal provisions giving prostitutes the right to 
enforce contracts and to apply for health insurance and 
social benefits are rarely used.  The report concludes the 
2002 legislation did not diminish police authority to conduct 
snap inspections of brothels.  Nor, according to the report, 
did the 2002 law obstruct law enforcement efforts against 
trafficking or exploitation of prostitutes, notwithstanding 
some groups' claims to the contrary.  The report recommends 
additional measures to improve the situation of prostitutes; 
greater emphasis on helping prostitutes get out of 
prostitution; increased education of clients; and 
improvements in protection programs for trafficking victims. 
The report also advocates passage of legislation to 
criminalize the actions of clients who knowingly patronize 
trafficking victims.  End Summary. 
 
------------------------- 
"Getting Out is the Goal" 
------------------------- 
 
¶2.  (U) Under the motto "Prostitution is not an occupation 
like others -- Getting out is the goal," Federal Family 
Minister Ursula von der Leyen on January 24 presented the 
results of the Family Ministry's review of 2002 legislation 
on the legal status of prostitution in Germany.  Although the 
legislation was intended to improve the legal and social 
situation of prostitutes, von der Leyen said, it has thus far 
only been a partial success.  She stressed the German 
government does not consider prostitution to be a suitable 
form of employment and noted the ministry's primary goal is 
to help individuals get out of prostitution. 
 
¶3.  (SBU) The report concludes the 2002 law achieved its goal 
of establishing a legal framework to improve the situation of 
prostitutes, but in practice little use was made of these new 
tools.  Fears that the law would make it more difficult to 
investigate trafficking crimes were not realized.  Von der 
Leyen stated the government must continue to improve legal 
protections for prostitutes and to create conditions for them 
to find alternative employment.  In a January 31 letter to 
the Ambassador, von der Leyen expressed appreciation for the 
Embassy's continued engagement on TIP and reiterated the 
German government's commitment from the top down to help 
prostitutes find alternatives.  She confirmed government 
support for draft legislation now before parliament that 
would criminalize clients who patronize trafficking victims 
(ref A). 
 
---------- 
Background 
---------- 
 
¶4.  (U) Before 2002, Section 180(a) of the German penal code 
criminalized the actions of persons who (informal Embassy 
translation) "professionally maintain or manage an operation 
in which persons engage in prostitution and in which: (1) 
those persons are held in personal or financial dependency; 
or (2) the exercise of prostitution is promoted by measures 
which go beyond merely furnishing a dwelling, a place to 
stay, or a residence and the additional services normally 
associated therewith."  Legislation the Schroeder-led 
coalition passed in 2002 eliminated the second subsection. 
Justice Ministry officials report that, before 2002, steps 
such as providing hygienic working conditions were construed 
as promoting prostitution. 
 
¶5.  (U) The 2002 legislation gave prostitutes the legal right 
to enforce contracts for sexual services and access to health 
insurance, social security benefits, and, unemployment 
benefits.  (NOTE: The 2002 legislation did not legalize 
prostitution in Germany.  Prostitution has been legal 
throughout Germany since the nineteenth century.  In practice 
most municipalities use local zoning laws to restrict 
prostitution to certain areas and times.  END NOTE.)  The 
2002 law narrowed the criminal offense of pimping -- Section 
181(a) -- to "impairing the personal or economic independence 
of another person by facilitating that person's engagement in 
prostitution."  The 2002 legislation did not affect existing 
criminal provisions penalizing trafficking of persons. 
 
¶6.  (U) The 2002 law required the Family Ministry to complete 
 
BERLIN 00000390  002 OF 003 
 
 
an evaluation of the effects of the penal code amendments 
within five years.  The evaluation is based in part on a 
series of studies conducted by a Lutheran research institute 
at the ministry's request.  The study examined the 2002 
legislation's effect on wider law enforcement efforts and on 
government programs designed to protect prostitutes and help 
them find alternative employment.  The 200-plus page 
evaluation also includes legal opinions prepared by a law 
professor and the research used to prepare the Federal Office 
of Criminal Investigation's (BKA) 2006 report evaluating 
German efforts against TIP. 
 
--------------------------------------------- -------- 
The German Government Position: Underlying Principles 
--------------------------------------------- -------- 
 
¶7.  (U) The German government's position on legalized 
prostitution, as outlined in the report, is based on the idea 
that an individual's voluntarily decision to work as a 
prostitute must be regarded as an expression of 
self-determination.  While asserting that voluntary 
prostitution does not automatically violate human dignity, 
the report also acknowledges prostitution is often physically 
and psychologically dangerous.  Furthermore, the report 
states, it is appropriate to question whether many 
prostitutes -- some of whom it notes are under duress -- have 
actually made an informed and voluntary decision.  The report 
states a primary goal of the German Federal Government's 
policy is to help persons working as prostitutes find a way 
out. 
 
¶8.  (U) According to the report, it is imperative for 
government-funded support organizations -- along with federal 
and state government policies on education and labor -- to 
promote alternatives.  The report states the risks connected 
with prostitution are best countered by bringing prostitution 
into the open.  Banning prostitution, the report argues, 
effectively drives the practice underground.  Legalized 
prostitution permits the government to have more control over 
the conditions in which prostitution is practiced.  The 
report also states it is society's responsibility to address 
the problematic effects of commercialized sex and to 
sensitize clients to their responsibilities in the matter. 
 
----------- 
Report Card 
----------- 
 
¶9.  (SBU) The report evaluates the success of the 2002 
legislation in achieving its goals in the following areas: 
 
-- Legal Recourse:  Few prostitutes to date have made use of 
a provision allowing them to sue clients.  Nonetheless, the 
report states, the legislative change should be considered a 
success because it removed an injustice against prostitutes 
and strengthened their legal position. 
 
-- Employment Contracts:  The 2002 legislation narrowed the 
definition of the criminal promotion of prostitution (para 4) 
to permit brothel owners to offer prostitutes employment 
contracts and to make employer contributions to social 
security and health insurance plans.  The report found only 
one percent of prostitutes interviewed had signed an 
employment contract, primarily because the prostitutes did 
not consider it a financially attractive option. 
 
-- Social Benefits:  While researchers did not have 
sufficient statistical data to determine whether the number 
of insured prostitutes increased since enactment of the law, 
they did find that 87 percent of prostitutes interviewed have 
health insurance.  Most, however, receive health insurance as 
a dependent on a family member's health plan or through 
another job.  While the legislation increased access to 
social security benefits, in practice the option was rarely 
pursued. 
 
-- Working Conditions:  Although an expressed goal of the law 
was to improve prostitutes' working conditions, the research 
showed brothel owners had done little to do so.  The report 
recommends increasing penalties for apartment owners who 
exploit prostitutes.  (NOTE:  A separate statute criminalizes 
trafficking in persons.  END NOTE.) 
 
-- Employment Agencies:  The report confirmed what German 
government officials have told us -- the 2002 legislation has 
not caused employment agencies to offer job seekers 
employment as prostitutes.  At the same time, the report 
states, prostitutes who want to get out of prostitution can 
use the placement services of government-run employment 
 
BERLIN 00000390  003 OF 003 
 
 
agencies to find alternative jobs (ref B). 
 
-- Alternatives to Prostitution:  The report notes a number 
of government-funded counseling centers exist to help 
prostitutes get out of prostitution, but recommends the 
services be further expanded.  The report calls on the 
government to develop assistance models that can be used 
nationwide.  The report highlights "ProFridA," a two-year 
project established in 2006 by the Lutheran Church and funded 
by the state of North Rhine - Westphalia and the European 
Social Fund that offers prostitutes three months of basic 
training followed by sector-specific training and job 
placement assistance.  (NOTE: Family Ministry officials 
continue to tell us the ministry has urged German states to 
support projects to help prostitutes find alternate 
employment.  END NOTE.) 
 
---------------------------- 
Law Enforcement Implications 
---------------------------- 
 
¶10.  (SBU) Although the 2002 legislation removed police 
authority to use the statute criminalizing the promotion of 
prostitution to conduct raids on commercial sex venues, the 
report states, police continue to use other criminal and 
legal-administrative violations to conduct surveillance and 
raids.  The majority of police questioned by researchers did 
not report any negative effect of the 2002 penal code 
amendments.  The report suggested federal and state 
governments develop additional administrative control 
measures under the commercial code.  (NOTE:  Prosecutors and 
police tell us the 2002 legislation has not had a significant 
effect on their efforts against TIP.  The key factor, they 
say, is a significant police presence and sufficient 
resources to conduct investigations.  END NOTE.) 
 
---------------------------- 
The Report's Recommendations 
---------------------------- 
 
¶11.  (U) The government will use the report to review how 
government programs can better support those who want to get 
out of prostitution.  The report recommends the following 
measures: 
 
-- Develop a broader concept of regulating prostitution to 
integrate anti-trafficking measures with efforts that protect 
prostitutes from violence and exploitation.  The report notes 
government-sponsored legislation to criminalize the actions 
of clients who knowingly engage the services of trafficking 
victims is under consideration in the German Parliament. 
 
-- Strengthen the penal code to increase the protection of 
juveniles forced to work as prostitutes.  Under current 
criminal law, brothel owners, pimps, and others who promote 
the prostitution of persons under the age of 18 can be 
prosecuted for their actions, but clients who patronize 
prostitutes who are younger than 18 (but older than 16 -- the 
age of legal consent) cannot be prosecuted.  The report notes 
the government has submitted legislation to parliament that 
would criminalize the actions of clients who patronize 
prostitutes younger than 18 years of age. 
 
-- Increase penalties for brothel owners and operators who 
exploit prostitutes. 
 
-- Amend the commercial code to enable municipal authorities 
to use zoning laws and regulations to improve working 
conditions for prostitutes.  States should consider 
legislation that would require brothels to show demonstrated 
and sustained compliance with laws that prohibit trafficking 
and exploitation of prostitutes, as well as regulations on 
working conditions and benefits, in order to obtain licenses. 
 
-- Continue overseeing employment agencies to ensure they do 
not offer job seekers employment in the commercial sex 
industry. 
 
TIMKEN JR