The current legal situation in Austria

The terms "sex work" and "prostitution"

These terms generally define "commercial and remunerated sexual acts with physical contact". While the Austrian federal laws (e.g. Section 74 (1) no. 9 StGB) or laws of the federal states (e.g. Section 2 (1) Vienna Prostitution Act) exclusively use the term "prostitution", the Working Group on Prostitution (WG Prostitution), founded in 2009, prefers the term "sex work" in its reports.

A significant difference between the two terms lies in their connotation. "Prostitution" is often associated with coercion and human trafficking, while "sex work" has a positive connotation of sexual freedom.

For example, in its position paper on the human rights of sex workers, Amnesty International adapts the WHO definition of sex work and describes it as "the voluntary provision of sexual services (including sexual intercourse) between consenting adults in exchange for some form of remuneration, where the terms are agreed between the parties involved." This definition also forms the basis of this blog post.

### The diversity of regulations in sex work

The regulation of sex work varies at international, federal and state level. There are four different regulatory systems: the prohibitive, abolitionist, regulative and sex work regimes. The prohibitive regime, as applied in the USA or Romania, prohibits both the trade in and the purchase of sexual services. In the abolitionist regime, also known as the Nordic or Swedish model, only clients, i.e. the buyers of sexual services, and people who organize the sale are punished, but not the sex workers themselves. This model was first introduced in Sweden and later adopted by countries such as France, Finland and Ireland. The predominant model in Austria and Germany is the regulatory model, which allows sex work under certain restrictions. In contrast, the sex work regime practised in New Zealand and Belgium involves the complete decriminalization and legalization of sex work. In these countries, sex work is treated like conventional employment.

### The current legal situation in Austria

It was not until the 1970s that sex work was decriminalized in Austria and permitted under certain conditions. The framework conditions for this are regulated in federal and state laws. At federal level, it is mainly social and tax law aspects that are laid down. The regulations on who, when, where and how sexual services may be offered, on the other hand, are determined by the federal states. Carinthia, Vienna, Styria, Lower Austria and Upper Austria have their own laws on sex work, while provisions on sex work in many other federal states can be found in police laws, such as the Tyrolean Provincial Police Act (§§ 14-19a T-LPG) or the Salzburg Provincial Security Act (§§ 1-11 S-LSG).

Sex work is permitted in all federal states in appropriately licensed brothels. In addition, in Styria, Vienna, Lower Austria and Upper Austria, home visits are permitted, while street prostitution is also permitted in Vienna. In Tyrol, sex work is not only permitted in brothels, but also in permit zones in accordance with Section 18a T-LP. In reality, however, no such zones exist (Amesberger, Sexarbeit in Österreich, 264). a multi-party motion to establish such a zone was tabled in 2021, but a final decision is still pending.

Mandatory examinations for sex workers

In addition, sex workers are obliged to be tested for sexually transmitted diseases such as HIV and syphilis. These tests must be carried out before starting work and the results are recorded in a health book, the so-called "cover". A tuberculosis examination is carried out annually, while other tests (gonorrhea) are required every six weeks and (HIV/syphilis) every twelve weeks (Scolati, die gesetzliche Lage zu Sexarbeit in Österreich, Feministische Zeitschrift für Politik und Gesellschaft 9).

If no sexually transmitted disease is detected during the initial examination, the sex worker receives a photo ID from the authorities, the so-called prostitute ID card. If a sexually transmitted disease is diagnosed in the course of further examinations, the ID card will be withdrawn for the duration of the risk of infection. Sex workers are not allowed to work without a prostitute ID card. (Further details can be found in the Ordinance of the Federal Minister of Health on Health Measures for Persons Providing Sexual Services and in the information sheet for the medical examination of sex service providers of the Federal Ministry of Health).