To:
Economic and Social Council of Romania

For the attention of:
Mr. Sterică Fudulea, President
Members of the Plenary of the Economic and Social Council

Ref. B24 Proposal for the regulation, authorization and protection of sex workers

Proposal for approval with observations

We consider it important to start from the aspect mentioned in Art. 3 of the proposal under discussion, namely the legalization of voluntary activities of a sexual nature, and Art. 4 – accepted and freely consented sexual service – in order to set a constructive framework for dialogue that seeks to bring to light a phenomenon that we all know exists and whose workers continue to work under high-risk conditions, both to their health and to their physical integrity – persons who cannot benefit from social insurance, specialized medical assistance, pension rights, etc.

The proposal does not in any way fall within the scope of trafficking in persons or the provisions of the New Criminal Code regarding offences associated with this phenomenon. The criminal basis of such offences is the element of coercion, forcing, the carrying out of sexual activities through exploitation, constraint and violence.

As these activities take place in the area of undeclared, unreported work, we cannot speak with certainty about the number of persons currently involved in voluntary sexual activities on the territory of Romania. According to an article[1] published on 17.02.2026, which cites a former president of ANAF, approximately 400,000 Romanians obtain income from what is referred to as the adult entertainment industry, in addition to workers in erotic massage parlours or sex shops. The data are unofficial, but we are speaking of several hundred thousand people who currently have no form of social, fiscal and/or medical protection.

Models from certain European countries, and beyond, show how once decriminalized and removed from the black/grey area, the work of sex workers has generated both fiscal benefits and, more importantly, a reduction in criminal phenomena and the creation of a safer framework for them and for their clients. We mention countries such as Germany, the Netherlands, Austria, Switzerland, Turkey and New Zealand.

According to a report[2] carried out by the OSCE Office for Democratic Institutions and Human Rights and the German Ministry of Justice, the Prostitute Protection Act 2017 led to:

• The vast majority of persons involved in voluntary and registered sex work paying health insurance and benefiting from social protection;
• The establishment of counselling centres funded by the German Government for these persons;
• Increased capacity to distinguish between voluntary work and trafficking situations;
• Increased fiscal traceability;
• Increased reporting of cases of exploitation;
• The possibility of rapid administrative intervention;
• Improved access to specific medical services.

Expert analyses[3] have shown that the purpose of the law was, according to the German Government, to improve the regulatory framework and reduce the vulnerability of persons formally involved in sex work to trafficking and exploitation networks. It also aimed to align German legislation with international obligations regarding combating trafficking in persons – the Palermo Protocol.

In the Netherlands, a study[4] regarding the introduction of legal prostitution zones (“tippelzones”) found that after the opening of these zones in Dutch cities, within the first two years, a decrease of up to 30–40% in offences related to sexual abuse and rape was observed.

In New Zealand, the Government concluded that the reform “has improved the welfare and safety of those involved.” In 2008, the Government published a report[5] of the Prostitution Law Review Committee, according to which the law had positive effects regarding the safety and protection of the rights of sex workers. The report states, among other things, that:

• The majority of persons involved in voluntary sex work are better protected after decriminalization;
• The law raised the level of information and awareness regarding exploitation and contributed to the protection of rights;
• There is no evidence of an increase in the number of persons involved in this work as a result of the reform, contradicting initial fears;
• Decriminalization reduced opportunities for coercion and exploitation and strengthened the occupational health and safety protection framework.
• 97% of sex workers access voluntary sexual health check-ups.[6]

The proposal does not decriminalize exploitation or trafficking in persons. By establishing a legal framework, an additional instrument is created to differentiate between voluntary activity and criminal acts. The measures are proportionate to the legitimate aims pursued: public health, prevention of exploitation, fiscal regulation. Regulation allows for:

• control in the field of public health;
• fiscal traceability;
• rapid administrative intervention;
• legal protection for the persons involved.

A regulated framework enables a clear distinction between voluntary activity and situations of exploitation or coercion.

Although sex work as such is not criminalized as an activity, the absence of a legal protection framework keeps this phenomenon in the black/grey area of exploitation and trafficking, endangering the lives of tens of thousands of women, but not only women, annually.

The World Health Organization recommends[7] public health-based policies, prevention and access to medical services instead of exclusively punitive approaches. A medicalized and monitored system is aligned with these recommendations. WHO recommends the removal of punitive laws, policies and practices that hinder access to health services and promotes public health-centred approaches, reduction of stigma and discrimination and facilitation of access to preventive and therapeutic services.

Amnesty International has published a policy[8] on protecting sex workers from human rights violations and abuse, together with four research reports on these issues in Papua New Guinea, Hong Kong, Norway and Argentina. It recommends the decriminalization of consensual sex work, including laws that prohibit associated activities – such as bans on buying, soliciting and general organization of sex work. This is based on evidence that such laws often make sex workers less safe and provide impunity to perpetrators, as sex workers are often too afraid of being punished to report crimes to the police. Laws on sex work should focus on protecting people from exploitation and abuse rather than attempting to prohibit all sex work and penalize those involved.

“Sex workers are at heightened risk of a whole range of human rights abuses, including rape, violence, extortion and discrimination. Far too often, they receive little or no protection from the law or access to remedies,” said Tawanda Mutasah, Senior Director for Law and Policy at Amnesty International.

“Our policy sets out how governments must do more to protect people who engage in sex work from violations and abuse. Our research highlights their testimonies and the daily problems they face.” – Tawanda Mutasah

The legislative proposal has a constitutional foundation and responds to a real social need. It does not promote activities of a sexual nature but aims to:

• protect public health;
• prevent exploitation;
• combat trafficking in persons;
• fiscalize an existing activity;
• ensure an administrative control framework.

Observations:

In order to advance Romania’s efforts to bring both undeclared work to light and to fulfil its international obligations assumed in the field of labour protection, human dignity and access to health services, the implementation of this proposal requires fiscal amnesty. From the experience of Necuvinte Association and the beneficiaries we work with, many of them would register with the competent authorities tomorrow, if they did not have a significant number of fines, contraventions received and unpaid, fines received precisely because they voluntarily carry out an activity that is not yet regulated in our country.

In Art. 11 it must be mentioned that suspension for medical reasons is an act of responsibility and, in this case, in order to respect the rights of persons who are sole traders (PFA), it is necessary that they have from an occupational health physician a fit or unfit for work certificate, not a simple medical note.

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[1] observatornews.ro
[2] legislationline.org
[3] Ibidem
[4] newsroom.iza.org
[5] beehive.govt.nz
[6] Catherine Healy, “Decriminalization in New Zealand, New Zealand Prostitutes’ Collective,” Proceedings of the Australasian Society for HIV Medicine Conference, Sydney, 2010
[7] who.int
[8] amnesty.org