The oldest trade in the world: Kosovo and neighbouring countries still no initiative to make it legal

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Women and men offer sex services on the street, on the internet, in studios and apartments. The prostitution is called the world's oldest <x0...profession”. Some have chosen it because they like it, some have been forced to do it.

In the Balkans, the legal framework for prostitution exercises varies from country to country. However, in all countries the law favours clients over workers.

In Turkey and Greece prostitution is legal, but under strict conditions. Experts in both countries talk about the need to change the legislative framework to grant sex workers greater protection.

In Bulgaria and Montenegro, prostitution is in the margins of law; it is generally considered illegal, but in practice, sex workers are not prosecuted.

No one, in Bosnia and Herzegovina, Albania, Serbia and Kosovo, remains illegal and has no initiative to de discriminate.

Turkey: Legal but Under Firm Conditions

Prostitution in Turkey is allowed, but all women involved must work in registered public homes and do regular health checks.

However, people who encourage prostitution and ease it may be sentenced to up to four years in prison. In addition, illegal prostitution may have a one-year prison sentence and an administrative fine.

A report published by the Ankara Chamber of Commerce, The ATO, in 2004, suggested there may be at least 100,000 sex workers in the country, but only about 3,000 work in 56 officially registered public houses located in different cities.

Evrim Demirtas, a lawyer who works with sex workers and the LGBT community, told BIRN that Turkish law should be clearer.

“Law must be inclusive and clearly define a sex worker”, because many see this profession as a crime or a bad thing, Demirtas explained.

Under President Recep Tayyip Erdogan's rule, many public homes in Turkey have been closed.

A survey conducted by Red Umbrella Project, a global fund protecting sex workers, said that only about 3 percent of sex workers found their clients through registered public homes.

Most work on the internet, on the streets and in the lobby “measure up” and not in registered public homes, and this is said to have become more common during the Pandemia of Ovid-19.

Demirtas said violence against sex workers is another major problem. LGBT sex workers are the lowest in the sector, as they face greater discrimination.

Greece: a legitimate but still vulnerable community

Like Turkey, Greece allows prostitution, but not on the streets, hotels or the internet, but only in registered public homes that meet certain conditions.

For example, they must be over 200 feet [200 m] away from churches, schools, sports centers, or religious institutions. Sex workers should also be single or widowed rather than married.

Vangelis Mallios, a law professor who participated in a working group set up in 2020 to change current legislation which failed, said about 99 percent of the currently functioning public homes are illegal.

The existing law drives most sex workers to lawlessness, “which leads to addiction and dangerous situations”, said BIRN Angeliki Soulgle, a lawyer at Red Umbrella Athens.

Rafaela, 60, a Trans woman who has worked in the industry for 42 years, told BIRN that she had not chosen this job willingly and that under normal circumstances she could have retired.

However, most sex workers cannot legally declare their income. They cannot prove where their money came from and thus have access to medical care and state pensions.

It's unacceptable to not be able to work legally, not have insurance or pension, and the only reason is because you're married. It is a fundamental right to be denied for an unacceptable reason”, says George, 35, who along with his wife offer sexual services to single couples and men.

“is simply a legislative amendment that is needed. There are proposals, but, unfortunately, no one wants to take over the political cost”, Professor Mallios said.

Northern Macedonia: illegality encourages violence

You meet new people, you make friends with customers. It's not only about sex”, a sex worker from Northern Macedonia told BIRN.

Mia, not her real name, which is about 30, says she voluntarily started this job when she was a teenager. Her initial motivation was money, but later she decided that this was what she wanted to do. She's self-employed and works from home.

However, prostitution in northern Macedonia is illegal, treated as violation of order and public calm. The violators face fines ranging from 600 to 800 euros. Other prostitution-related activities are also treated as criminal acts.

Experts say the current law and policies, and the lack of a clear legal distinction between human trafficking and prostitution, generate stigma, discrimination and violence.

Mia told BIRN that police officers have tried to get the money after she offered them her services.

A few sex workers dare complain. Currently, the only legal protection of sex workers is the Law on Prevention and Protection against Violence Against Women and Family Violence, as well as human protection programs from HIV infection.

The first goal of Balkan sex workers, the Association for Support of Margynized Workers Skopje, Star-Star, founded in 2010, reported 13 cases of human rights violations against sex workers in the country that year. <x0)

Along with Star-Star, the Health Options Project Skopje, HOPS, an NGO working in promotion, respect and protection of human rights and freedoms, supports decrimination of prostitution in northern Macedonia.

This would protect sex workers from violence and exploitation and promote their security, health, welfare and economic independence”, HOPS told BIRN.

Montenegro: No moves to legalise an emerging industry

The prostitution remains illegal in Montenegro, and there is no public initiative for legalisation.

The law envisions fines, or one year prison sentences, for tutors or those advertising prostitution.

Human rights organisations have said for years that prostitution has become a major business, especially on the Montenegrin coast, in new luxury tourist resorts, where wealthy foreigners often come. The number of women practicing prostitution in Montenegro has increased significantly, NGOs say.

There are many ads for women to come and work as waitresses and cleaners in Montenegro and which are later harassed and required sexual favors. But none of the whores we talked to said they had forced him to do that”, a Montenegro-based NGO, BIRN Yemenés Safe House, told him.

Bulgaria: an illegal trade, but rarely prosecuted

Prostitution is illegal in Bulgaria and is closely linked to human trafficking; however, authorities rarely follow employees or customers.

Under Bulgaria's constitution, any kind of work is a right. However, a law adopted in 1968 predicted that people who work and make immoral money face charges. The law primarily affects sex workers and beggars.

On 4 May, Chief Prosecutor Ivan Gesev investigated Bulgaria's Supreme Court on the 1968 law and said it was time to review it.

Analysis conducted by Diginita, a foundation specialising in preventing human trafficking, reported high levels of marginalisation of women working in the sex sector.

Bosnia: still illegal, no reform movement

The prostitution is illegal in Bosnia.

Public order and tranquillity law says it is illegal to pay or receive money for sex. There have been several initiatives to protect sex workers but only to punish those who pay for sex. Nothing has been done for derimination of the profession.

For those who push the other into prostitution or who rent or establish places for prostitution exercise ranges from 500 to 1,500 KM (256,46 to 769.37 Euro)

A session of 200 to 600 KM (102.58 to 307.75 Euro) is meant for those who commit prostitution or use prostitution services.

In December 2019, PRIMME Communications, a public relations and marketing agency, conducted an survey on the legalisation of prostitution in Bosnia and Herzegovina. Of 1,500 citizens, 60.2% are opposed, while 17.2% are largely at odds. One in ten respondents (11.9%) has doubts about that, while only 7.9% support legalisation.

Albania: society still not ready for prostitution legalisation

Prostitution in Albania is a criminal offence punishable by fine or up to three years in prison for both sex workers and customers.

Experts claim the law favours more pimps and traffickers than sex workers.

There have been several attempts to decritate prostitution in Albania, yet public opinion did not support the changes, experts say.

Police often raid massage centers and arrest customers and sex workers.

In 2016 a sex worker was sentenced by the Supreme Court, but the two customers arrested, a municipal official and a businessman, were arrested but were not faced with any charges.

Serbia: law favours male customers before female employees

In Serbia, prostitution is illegal, for customers, workers and those providing places for prostitution exercises. Punishments range from 30 to 60 days in prison, while fines range from 50,000 (400 euros) to 150,000 dinars (1.250 euros).

Experts say Serbian law punishes sex workers more than customers. A report by the AZC Women Autonomation Centre, a Belgrade-based NGO, said court rulings show that in 2016, courts sentenced 79 women for prostitution and only 17 male clients.

Kosovo: criminalisation encourages trafficking of human beings

Kosovo's Penal Code says facilitating or imposing prostitution and providing prostitution facilities is a crime punishable by fines or up to 20 years in prison.

“Operation Massage”, in 2016, remains one of Kosovo's best-known police cases. That year police arrested several owners “rudish”, who had camouflaged their prostitution businesses.

In 2019, BIRN reported that massage businesses continue to provide sexual services. Police have also said that many massage centres are involved in human trafficking. An Amnesty International report said Kosovo in 2021 was one of the main destinations for human trafficking.