Sex Work and Legislation

Sex work (SW) is a complex reality that, in Portugal, finds itself in a legal limbo. Although selling sexual services is not considered a crime, Portuguese law criminalises the commercial exploitation of others (pimping), hindering the organisation, safety and access to basic rights of sex workers (SWs).

The discussion about the legal future of sex work in Portugal (and worldwide) revolves around two main approaches: decriminalisation and regulation.

Both approaches promise greater safety and recognition for sex workers, but they have distinct advantages and disadvantages, with profound impacts on the lives of SW, public health and the fight against human trafficking.

It is essential that legislation keeps pace with the times and guarantees the rights of all people, without exception. Therefore, several countries have adopted legislative measures to ensure the well-being, safety, health, and human rights of sex workers.

What is sex work?

Sex work refers to the consensual exchange of sexual services between adults in return for money or goods.

Sex work is a consensual activity, distinct from commercial sexual exploitation or human trafficking.

For sex workers, sex work is a form of work like any other. It is the provision of a service and, as such, should be dissociated from moral and/or criminal connotations, since it is a consensual act performed by consenting, conscious and free adults.

Sex workers are fighting for the recognition of their activity as work, which would allow them to access labour rights and a safe working environment.

In Portugal, sex work is tolerated but not regulated. The activity is not considered a crime, but the absence of a clear legal framework prevents the protection of professionals, leaving them on the margins of the social security and occupational health system.

Sexual rights and autonomy of sex workers

Sexual rights are fundamental human rights, meaning they must be guaranteed to all people, including those who engage in sex work. Thus, all people have the right to:

• Autonomy over their own bodies;
• Freedom to decide about their sexuality without coercion, sexual violence or discrimination;
• Access to sexual and reproductive health.

For sex workers, ensuring these rights is especially important, as it directly affects their work—a vital part of their economic and professional lives. When we talk about sexual rights for sex workers, we mean guaranteeing:

• Autonomy and consent — sex workers have the right to refuse clients or to interrupt a service at any time without suffering reprisals. This is a fundamental right that must be protected, regardless of the legal model adopted in the country;
• Health and safety — sex workers must have access to healthcare free from stigma and prejudice. Sex workers must also have the right to working conditions that minimise risks (sexual violence, STI transmission, among others);
• Non-discrimination — SWs live on the margins of society, as if they had to hide, because of the prejudice and stigma they carry solely because of their profession, and also because of the criminalisation and ambiguous legal tolerance that we have in Portugal. However, they have the right to live and work without being stigmatised and discriminated against.

Human rights organisations, such as Amnesty International, consider that the decriminalisation of all aspects of sex work is one of the main steps towards protecting the sexual rights of sex workers, as it removes the legal barrier that prevents them from reporting abuse and accessing public services.

Pimping: Definition and Criminalization in Portugal

In Portugal, sex work is not illegal, nor is it a crime to purchase sex. However, Article 169 of the Penal Code criminalises the act of promoting, facilitating or profiting from the sexual activity of others.

Pimping (Article 169 of the Penal Code): Anyone who, professionally or for profit, encourages, facilitates or practises acts aimed at the sexual satisfaction of others, shall be punished with imprisonment of six months to five years.

Pimping is currently the main legal obstacle preventing the organisation and safety of sex workers in Portugal, as Portuguese law does not clearly distinguish between pimping that involves exploitation and coercion (which should be criminalised) and pimping that results from the consensual organisation of work (such as sharing a workspace or hiring security).

Consequences of pimping for sex workers:

• Risk of prosecution and inability to organise collectively — anyone who rents space to a sex worker or works alongside them can be charged with procuring, which prevents the creation of safe workplaces managed by the workers themselves.

  Example: imagine that you have an apartment, with a rental contract in your name, and other people providing sexual services in that same apartment.

  You could be charged with pimping, because it could be argued that you are promoting or profiting from someone else's sex work (this risk may be reduced if you are also a sex worker and can prove that you charged weekly/monthly rent for your colleagues to stay in your flat, rather than charging them based on the number of clients they saw).

• Lack of labour protection — the criminalisation of pimping prevents the establishment of formal employment contracts, denying sex workers basic labour rights (holidays, sick leave, maternity/paternity leave, unemployment benefits, occupational health services, among others).

  The only alternative is to register the activity with the tax authorities and try to deduct what you earn from sex work from your taxes.

• Vulnerability — the absence of a secure and clear legal framework in Portugal regarding sex work increases the vulnerability of sex workers to sexual violence and commercial sexual exploitation, as they fear that reporting abuse will lead to charges of pimping.

These groups are concentrated in the MTS (Sex Workers' Movement), which ‘is an organisation that represents and fights for the labour rights of sex workers in Portugal’.

Every year, during the May 1st Labour Day march, various civil society organizations, researchers, policymakers, and sex workers come together to advocate for the rights of people engaged in sex work in cities across the country.

Commercial sexual exploitation: what it is and how it is criminalized

Sexual exploitation encompasses a range of crimes, including forced sexual activity in exchange for payment, the exploitation of minors, and the abuse of vulnerable people. Unlike sex work, it involves no choice. It therefore includes all situations of abuse and violations of sexual autonomy, and is considered a form of violence and a breach of human rights.

Commercial sexual exploitation is based on:

• Abuse and coercion: the person is forced or manipulated into engaging in sexual activity.

• Lack of consent: consent is obtained through fraud, threats, or abuse of power.

• Profiting from another person’s vulnerability: this includes human trafficking for sexual exploitation.

Commercial sexual exploitation is a grave crime that must be fought at all levels.

The criminalisation of commercial sexual exploitation, which is more serious when it involves human trafficking, is universally accepted. The challenge lies mainly in ensuring that punitive laws against exploitation do not criminalise consensual sex workers.

Countries that have adopted the abolitionist model (which we will explain in more detail later), such as Sweden, which criminalise the purchase of sexual services with the aim of combating sexual exploitation, have seen this problem being “pushed” into clandestinity. Not only have they failed to end sexual exploitation, they have also made sex workers more vulnerable to sexual violence and abuse and made it more difficult for them to access healthcare.

The decriminalization of sex work, as we will see below, is the most effective way to separate consensual work from exploitation.

Human trafficking in Portugal

Human trafficking is an intolerable crime against humanity that must be fought at all costs and is also addressed in Article 160 of the Portuguese Penal Code:

Human trafficking

1 – Anyone who offers, delivers, recruits, lures, accepts, transports, shelters, or harbors a person for the purpose of exploitation—including sexual exploitation, forced labor, begging, slavery, organ removal, or the exploitation of other criminal activities:

a) By means of violence, kidnapping, or serious threats;

b) Through deceit or fraudulent schemes;

c) By abusing authority arising from a hierarchical, economic, work-related, or family relationship;

d) By taking advantage of the victim’s mental incapacity or particular vulnerability; or

e) By obtaining the consent of the person who has control over the victim.

It is punishable by imprisonment of three to ten years.

2 – The same penalty applies to anyone who, by any means, recruits, lures, transports, shelters, or accommodates a minor, or delivers, offers, or accepts them for the purpose of exploitation, including sexual exploitation, labor exploitation, begging, slavery, organ removal, adoption, or the exploitation of other criminal activities.

3 – In the case described in the previous paragraph, if the offender uses any of the means listed in points a)–e) above, or acts professionally or with the intent to profit, they are punishable by imprisonment of three to twelve years.

4 – The penalties provided in the preceding paragraphs are increased by one-third, in both their minimum and maximum limits, if the conduct referred to therein:

a) If it has put the victim’s life at risk;

b) If it was committed with particular violence or caused especially serious harm to the victim;

c) If it was committed by an official in the exercise of their duties;

d) If it was committed within the framework of a criminal organization; or

e) If it results in the victim’s suicide.

5 - Anyone who, in exchange for payment or other consideration, offers, delivers, requests or accepts a minor, or obtains or gives consent for their adoption [sic], shall be punished with imprisonment of one to five years.

6 - Anyone who, having knowledge of the crime referred to in paragraphs 1 and 2, uses the services or organs of the victim shall be punished with imprisonment of one to five years, unless a more severe penalty is applicable under another legal provision.

7 - Anyone who retains, conceals, damages or destroys identification or travel documents belonging to a victim of a crime referred to in paragraphs 1 and 2 shall be punished with imprisonment of up to three years, unless a more severe penalty is applicable under another legal provision.

8 - The consent of the victim of the crimes referred to in the preceding paragraphs shall in no case exclude the unlawfulness of the act.

Human trafficking in Portugal is a serious concern. The country is a point of origin, transit, and destination for victims of exploitation. Everyone should remain vigilant and report any suspected cases of this crime to the authorities.

Regarding trafficking for sexual exploitation, the Penal Code specifies:

Anyone who, by means of violence, serious threats, deceit, fraudulent schemes, abuse of authority arising from a hierarchical, economic, or work-related relationship, or by taking advantage of any situation of particular vulnerability, lures, transports, shelters, or accommodates a person, or facilitates the conditions for that person to engage in prostitution or significant sexual acts in a foreign country, shall be punishable by imprisonment of 2 to 8 years.

It is important that all policies related to the context of sex work strengthen the fight against this crime. However, it is crucial to highlight the “contamination” of the sex work debate by issues related to human trafficking.

Sex work is always consensual and should be recognized as a professional activity carried out by free, consenting adults.

It is important to make clear here that the criminalisation of sex work actually hinders the fight against human trafficking and commercial sexual exploitation, in the sense that victims do not seek help for fear of being criminalised.

The decriminalisation of sex work, by clearly defining what sex work is and shifting the focus away from sex workers, allows the authorities to concentrate on the organised crime of human trafficking and commercial sexual exploitation.

Furthermore, it removes the fear of criminalisation, giving sex workers greater confidence to report situations of sexual violence and human trafficking.

Sexual violence: risks and protection in sex work

Sex workers are at high risk of suffering sexual violence (from clients, third parties — security guards, exploitative managers, etc. — or even law enforcement officers), a risk that is exacerbated by the illegality or legal ambiguity that exists in Portugal.

With the criminalisation of sex work, this scourge becomes even more difficult to deal with, because:

• It prevents reporting — sex workers are afraid to report sexual violence because they think they may be arrested or see their activity criminalised;
• It creates unsafe workplaces — as sharing safe workspaces is not permitted (due to pimping), sex workers end up working in isolated and dangerous places, such as on the street or in private apartments without security.

Decriminalisation, once again, proves to be a harm reduction measure that protects sex workers by:

• Promoting safety, allowing for the organisation of safe workspaces with emergency buttons and contracted security;
• Encourages reporting and increases the punishment rate for perpetrators, while ensuring that sex workers can seek help from the authorities without fear of being criminalised.

Global legal models: decriminalisation and regulation

Sex work is a global reality, but how it is regulated varies greatly between countries.

These differences have a direct impact on the safety, health, autonomy, labour rights and living conditions of people who engage in this activity.

Understanding existing regulatory models and approaches is essential for developing effective, evidence-based public policies.

Decriminalisation of sex work

The decriminalisation of sex work is considered by many international organisations, including Amnesty International and the World Health Organisation (WHO), to be the model that best protects the human rights of sex workers.

What does decriminalisation mean?

• Removing specific criminal laws on sex work;
• Treating the activity like any other form of work;
• Ensuring that people can work without fear of punishment, extortion or police violence.

How does it work in practice?

• Sex work does not require mandatory registration and is legal.

• People can work alone or in small collectives.

• Brothels may exist but must follow general safety and licensing rules, just like any other business.

• There are no mandatory medical tests.

• Workers have access to labor rights, social protection, and reporting mechanisms.

What do we gain from the decriminalisation of sex work?

Examples of countries with decriminalisation of Sex Work

Two countries stand out when discussing the decriminalisation of Sex Work: Belgium and New Zealand.

Bélgica: profissionais do sexo têm mesmos direitos que todxs xs trabalhadorxs

In Belgium, the decriminalisation of Sex Work took place in 2022. In 2024, however, the law was further refined to grant sex workers the same employment status afforded to other workers.

As a result, sex workers in the country have access to formal employment contracts and legal protections comparable to those of other professions.

They are therefore entitled to sick leave, unemployment and maternity benefits, as well as pensions and other forms of social protection.

Sex workers may work independently or as employees, and they have the right to refuse clients and to stop providing a sexual service at any time.

There are also regulations concerning working hours, pay, and health and safety standards, requiring employers to provide clean bed linen, condoms, and hygiene products.

Brothel owners, or those operating premises where Sex Work takes place, must hold a licence and are required to install emergency buttons in the spaces where the activity is carried out.

If sex workers provide outcall services or mobile services, employers must also provide them with a portable alarm button.

Licences may only be granted to individuals who have not been convicted of sexual assault, human trafficking, negligent homicide, robbery, or fraud.

Anyone who employs sex workers without a licence may be convicted of pimping in Belgium.

New Zealand: a benchmark model since 2003

In New Zealand, Sex Work was regulated through the Prostitution Reform Act in 2003, making the country a pioneer in the decriminalisation of the activity.

People engaged in Sex Work are able to define their own working conditions. This means they may work independently, in private residences, on the street, or in brothels operated by others.

Anyone who exercises any degree of control over individuals providing sexual services must obtain an “operator’s certificate” from a court.

Sex workers may also work together as equals, in groups of up to four, without requiring this certificate in New Zealand.

Brothels must be authorised by local authorities. Some municipalities do not allow them to operate in certain areas, such as near schools, but they cannot prohibit their existence entirely.

The rights of sex workers are protected under labour law, as is the case for workers in other occupations. They also have access to social protection and healthcare.

They may also refuse clients without having to provide a reason, and no one can force a person engaged in Sex Work to have sexual relations, even if the client has already paid.

Despite the strong emphasis on promoting safer practices, there is no requirement for mandatory health testing for sex workers.

Visitors to New Zealand holding a temporary visa are not permitted to engage in Sex Work. If they are found to be doing so, they may face deportation.

Impacts of Decriminalisation

Sex Work Legalization

Sex work legalization involves the creation of a set of specific rules that are often quite strict for the practice of this activity.

What characterises Legalisation?

• Mandatory registration of sex workers;

• Specific licensing requirements for brothels and workplaces;

• Strict rules on the areas where Sex Work is permitted;

• Mandatory medical testing (in some countries);

• Intensive monitoring and heavy bureaucracy.

What do we gain from the legalisation of Sex Work?

Examples of countries with decriminalisation of Sex Work

Several European countries have opted for legalization models in the regulation of sex work, such as Germany, Austria, and the Netherlands.

Netherlands: Legalisation with very strict regulations

The Netherlands, known for the famous “Red Light District” in Amsterdam, legalised Sex Work in 2000, allowing brothels to operate as long as they comply with safety and hygiene standards.

Brothel owners and independent sex workers are required to register and obtain a licence from local authorities.

However, there are some municipalities where Sex Work is completely prohibited, and others where obtaining a licence is nearly impossible due to very restrictive rules.

Working without a licence is a criminal offence, as is operating in areas not authorised for this purpose.

Employing sex workers who are not citizens of the European Union is also prohibited.

The strict regulations have led humanitarian organisations to warn that the reality in the Netherlands mirrors many of the problems seen in models where Sex Work is criminalised, notably violence.

Due to the very stringent legislation, many sex workers end up operating illegally, which makes them more vulnerable to human trafficking and exploitation.

Germany and Austria: Legalist Model

In Germany and Austria, sex workers must register and pay taxes in order to access labour rights.

They may have formal employment contracts and access social benefits, and are required to receive medical counselling.

Condom use is mandatory to safeguard public health.

Brothels and other venues offering sexual services must comply with strict safety and hygiene standards in order to obtain a licence to operate legally

Impacts of Legalisation

• Clear rules can facilitate monitoring and transparency;

• Overly strict regulations create a parallel, clandestine market;

• Migrants are often excluded from the legal system;

• Bureaucracy can reinforce inequalities between those able to meet requirements and those who cannot;

• Institutional stigma persists, even under legalisation.

Portugal and Spain: Hybrid Model (Grey Area)

Portugal is among the countries that follow the so-called hybrid model, similar to Spain, where Sex Work is neither regulated nor illegal.

As a result, sex workers are not criminalised, but the commercial exploitation by third parties is prohibited and can be punished under the crime of pimping.

There is no specific regulation to guarantee labour rights or social protection for sex workers.

How it works

• Sex Work itself is not a crime, but it is also not formally legal;

• Exploitation by third parties (pimping) is broadly criminalised;

• There is no labour, tax, or social framework;

• Sex workers remain in a grey area: they are not criminals, but they also have no rights.

Impacts of the Hybrid Model

• Lack of social and labour protection;

• Dependence on police and judicial interpretations;

• Greater vulnerability to violence, extortion, and exploitation;

• Statistical invisibility and absence of effective public policies.

France, Norway, and Sweden: Abolitionist Model

Also known as the “Nordic model” or “Swedish model,” this approach criminalizes clients and the purchase of sexual services, exempting sex workers.

Adopted in countries such as Sweden, Norway, Northern Ireland, and France, this model also criminalises brothel owners, security personnel, property owners, and other professionals involved in the Sex Work circuit.

The aim is to end the activity by reducing demand for sexual services and combating exploitation and violence.

Sex worker advocacy organisations argue that the “Nordic model” ultimately puts their lives at risk, undermining their most fundamental human rights.

How it works

• Purchasing sexual services is a crime;

• Selling sexual services is not a crime;

• Owners of premises, security staff, and third parties involved are also criminalised.

Impacts of the Abolitionist Model

• Market pushed underground;

• Increased violence and insecurity;

• Reduced ability to negotiate conditions with clients;

• Weakened relationship with the police;

• Greater difficulty in reporting crimes.

USA and Russia: Prohibitionist Model

In countries such as Russia and in 49 of the 50 states of the United States, Sex Work is completely illegal, and both sex workers and clients can be penalised.

Nevada, a state in the western US, allows Sex Work in regulated brothels in certain designated areas — it is not permitted, for example, in major cities like Las Vegas.

In Russia, pimping (the exploitation of individuals for Sex Work by third parties) is punished with severe sentences.

These realities lead sex workers to work covertly, which increases the risks of exploitation and human trafficking.

How it works

• Sex Work is completely illegal;

• Both clients and sex workers can be punished;

• Brothels are prohibited.

Impacts of the Prohibitionist Model

• Extreme clandestinity;

• Widespread violence and extortion;

• Limited access to healthcare and justice;

• Increased vulnerability to trafficking networks.

Ideal Model for Sex Work: Decriminalisation vs Legalisation

There is no single, globally agreed-upon approach to regulating Sex Work, as both decriminalisation and legalisation come with their own advantages and disadvantages.

Pros of decriminalizing sex work

Decriminalisation is widely recognised by international human rights organisations, public health bodies, and academic research as the model that best promotes the safety, autonomy, and dignity of people engaged in Sex Work.

Here are some of its key advantages:

Significant Increase in Safety and Reduction of Violence

Decriminalisation allows sex workers to operate without fear of arrest, harassment, or extortion. This creates conditions for:

• Negotiating prices and practices calmly and safely;

• Refusing clients without fear of legal repercussions;

• Working in pairs or small collectives, enhancing protection;

• Contacting the police when necessary, without risk of criminalisation.

Studies from New Zealand show clear reductions in physical and sexual violence following decriminalisation.

Improved Access to Healthcare and Social Services

When Sex Work is no longer criminalised:

• People seek medical care with greater confidence;

• STI prevention becomes more effective;

• There is higher participation in public health programs;

• Social organisations can operate without legal barriers.

Decriminalisation also eliminates discriminatory practices, such as mandatory medical testing, which violate human rights and have no proven effectiveness.

Reduction of clandestinity and associated risks

Without criminalisation:

• The market becomes more visible and easier to regulate;

• Working conditions improve;

• Exploitation and human trafficking become easier to identify and combat.

Clandestinity is one of the greatest risk factors in Sex Work, and decriminalisation drastically reduces this risk.

Professional autonomy and negotiation power

Decriminalisation recognises Sex Work as legitimate work, allowing workers to:

• Set their own hours, prices, and conditions;

• Refuse unsafe practices;

• Work in spaces chosen by themselves;

• Form cooperatives or independent work models.

Autonomy is central to safety and well-being.

More balanced relations with police and the judicial system

When Sex Work is not a crime:

• Police are no longer a threat and become a resource;

• Reporting of violence, extortion, or exploitation increases;

• Cases of trafficking are identified more quickly.

Decriminalisation improves institutional trust and reduces stigma.

Reduction of Social and Institutional Stigma

Criminalisation fuels prejudice. Decriminalisation:

• Normalises Sex Work as a legitimate occupation;

• Reduces discrimination in public services;

• Improves self-esteem and well-being of workers;

• Facilitates social and economic integration.

Stigma is one of the biggest barriers to accessing rights, and decriminalisation helps to combat it.

Inclusion of Migrant Workers

Unlike strict regulatory frameworks, which often exclude migrants, decriminalisation allows migrant sex workers to operate without fear and:

• Reduces vulnerability and exploitation;

• Facilitates access to support services and healthcare.

This is particularly relevant in countries with high population mobility.

Improved Economic and Working Conditions

Decriminalisation opens the door to:

• Voluntary tax contributions;

• Access to social protection;

• Opportunities for contracts and cooperatives;

• Greater financial stability.

While it does not automatically create a formal labour system, it removes the main barrier: fear of criminalisation.

Disadvantages and Challenges of Decriminalisation

Decriminalisation is not a magic solution. It requires complementary policies and a genuine commitment to human rights to address some of the challenges it entails.

Here are some of the key challenges...

Social Resistance and Misinformation

Public opinion may:

• Confuse decriminalisation with “promotion” of Sex Work;

• Fear an increase in trafficking and exploitation (which evidence does not support);

• React negatively for moral or religious reasons.

This requires public education campaigns and community dialogue.

Lack of Immediate labour framework

Decriminalisation removes criminal laws but does not automatically create:

• Employment contracts;

• Specific labour regulations;

• Mandatory social protection.

Additional legislative work is needed to guarantee formal labour rights.

Implementation challenges

Transitioning to a decriminalised model requires:

• Training for healthcare professionals, police, and social services;

• Review of related laws (immigration, urban planning, safety);

• Continuous monitoring to prevent abuse.

Without careful implementation, inequalities may persist.

Possible institutional resistance

Even after legal change:

• Some law enforcement officers may continue discriminatory practices;

• Public services may continue to stigmatise;

• Cultural change can be slow.

Law changes faster than societal attitudes.

Advantages of Legalisation

Legalisation recognises Sex Work as a permitted activity, but it is subject to specific rules. These rules vary widely between countries, ranging from simple requirements to highly strict and bureaucratic systems.

As a result, the effects of regulation under this model depend heavily on how it is implemented. Here are some of its advantages...

Clear and Predictable Rules

Legalisation establishes an explicit legal framework, which can provide:

• Greater predictability for workers and venue owners;

• Defined rules regarding working hours, licences, safety, and hygiene;

• Reduced police arbitrariness, as the activity is legal and regulated.

When well-designed, these rules can contribute to a more stable working environment.

Possibility of formal contracts and labour protection

In some regulated countries, such as Germany:

• Sex workers can hold formal employment contracts;

• They have access to social protection, health insurance, and pension contributions;

• They can use mechanisms for resolving labour disputes.

This can enhance economic stability and reduce dependence on abusive intermediaries.

More structured health and labor inspection

Legalisation can facilitate:

• Regular inspections of workplaces;

• Verification of hygiene and safety standards;

• Monitoring of abusive practices by owners.

When carried out proportionally and non-punitively, oversight can improve working conditions.

Greater Institutional Visibility

Unlike clandestine work:

• The state recognises the existence of the sector;

• Data can be collected, trends monitored, and public policies developed;

• Social organisations can work more easily with workers and establishments.

This visibility can be valuable for planning public health interventions and social support programs.

Potential to reduce exploitation in formal establishments

In contexts where legalisation is inclusive:

• Licensed brothels can be required to comply with safety standards;

• Workers can report abuse without fear of legal repercussions;

• Oversight can identify situations of labour exploitation.

However, this only works when the rules are proportionate and accessible.

Disadvantages and challenges of legalisation

Legalisation may seem, at first glance, like a balanced solution. However, in practice, many regulatory systems create new forms of exclusion, especially for the most vulnerable individuals.

Here are the main challenges of legalisation...

Exclusion of those unable to meet bureaucratic requirements

Legalisation often requires:

• Mandatory registration;

• Specific licences;

• Proof of residence;

• Tax documentation;

• Compliance with strict rules regarding zones and working hours.

This can exclude:

• Undocumented migrants;

• People living in poverty;

• Those who do not wish to register due to fear of stigma;

• Individuals working independently.

O resultado é um mercado dividido: uma parte legal e outra clandestina, onde os riscos são maiores.

Increased clandestinity due to strict rules

When the rules are too restrictive:

• Many workers choose to operate outside the system;

• Oversight becomes punitive, pushing people into more isolated locations;

• Safety decreases, as working clandestinely exposes them to greater risk of violence.

This has been observed in several European countries with stricter legalisation frameworks.

Reinforced institutional stigma

Even under legalisation, regulations can treat Sex Work as a “high-risk activity” requiring special control, which can:

• Create public or authority-accessible records, perpetuating stigma;

• Impose mandatory medical testing, considered discriminatory and a violation of human rights.

Legalisation does not automatically eliminate prejudice and, in some cases, may even reinforce it.

Discrimination against migrants

In many countries with legalisation models, migrants from outside the European Union are not allowed to obtain licences to engage in Sex Work:

• People without legal residence are excluded from the system;

• Inspections may be used as a form of migration control.

This creates a parallel market, where migrant workers become more vulnerable to exploitation and violence.

Dependence on intermediaries and owners

Legalisation tends to favour:

• Licensed brothels;

• Owners with the financial capacity to meet regulatory requirements.

This can:

• Reduce the autonomy of sex workers;

• Create unequal labour relationships;

• Increase dependence on third parties.

Punitive and invasive inspection

In some countries, legalisation is used to:

• Conduct intrusive inspections;

• Control the private lives of workers;

• Penalise those who operate outside designated areas.

When ispection becomes excessive, the regulatory model can resemble criminalisation in practice.

Failure to protect those most in need

Legalisation tends to benefit:

• Those with economic stability;

• Individuals with legal documentation;

• Those working in formal establishments.

This means it can disadvantage people who are:

• Trans;

• Migrants;

• Living in poverty;

• Working on the street.

In other words, the most vulnerable groups often remain unprotected.

Decriminalisation vs. Legalisation

Decriminalisation and legalisation are often presented as similar models — after all, both make Sex Work legal.

However, in practice, they represent fundamentally different approaches, with distinct impacts on the lives of those engaged in Sex Work.

This detailed comparison helps to clarify those structural differences.

Decriminalisation and Regulation are distinct models with profoundly different impacts on Sex Work.

Decriminalisation promotes autonomy, safety, health, and inclusion, reducing clandestinity and strengthening the ability to combat exploitation.

Regulation, while offering benefits in well-designed contexts, tends to exclude vulnerable people, reinforce stigma, and create parallel markets when implemented in rigid ways.

International evidence shows that rights-centred models — such as the decriminalisation implemented in Belgium and New Zealand — produce better outcomes for sex workers and for society as a whole.

What Needs to Change?

Legislative reform in Portugal regarding Sex Work is urgently needed. The current Portuguese model criminalises pimping without considering its specific circumstances, failing to address existing problems. It creates an unsafe environment for sex workers and restricts their access to basic human, labour, and sexual rights.

While regulation may offer some advantages compared to the current legal situation, decriminalisation emerges as the most promising option for harm reduction — including reducing sexual violence, combating human trafficking, and lowering the incidence of STIs.

By recognising Sex Work as a professional activity, decriminalisation fosters a safer and fairer environment. Moreover, when paired with robust social policies, it becomes the ideal tool to ensure the dignity and autonomy of sex workers.

It is crucial that the debate around Sex Work in Portugal moves away from moral judgement and focuses on human rights and the safety of sex workers.