Bachelor Thesis

The relationship between prostitution

policy and human trafficking for sexual
purposes

- A comparative case study of Sweden and the

Netherlands.

Author: Angelika Johansson

Supervisor: Brigitte Pircher
Examiner: [Examiner]
Term: HT21
Subject: Political Science
Level: Bachelor´s degree
Course code: 2SK31E
Abstract
This thesis explores to what extent prostitution policy can influence human
trafficking for sexual purposes. It questions if criminalization of prostitution
and legalization of prostitution can result in different outcomes, interfering
with sex trafficking. This research is conducted as a comparative case study
where Sweden illustrates the criminalization of prostitution and the
Netherlands legalization of prostitution.

This study will focus on three main theories to understand the complexity
behind the issue and the background of the different policy designs. First, the
three-pronged approach commonly used in trafficking legislation will be
implemented as a framework to analyze the national action plans to combat
human trafficking. Moreover, the prostitution policies will be explored from a
sexual liberal and radical feminist perspective.

The main findings are that both criminalization and legalization of prostitution
affect the establishment of sex trafficking within the country. Sweden and the
Netherlands share the aim of combatting human trafficking by implementing
their prostitution policy. However, they disagree on how to do so effectively.
The conclusion will suggest that both approaches can succeed if enough
resources and funding are put towards the issue.

Key words
Prostitution policy, Sex Trafficking, Three-pronged approach, Sexual
Liberals, Radical Feminism, Case study
Acknowledgements
I want to thank my supervisor Brigitte Pircher for invaluable feedback and
support. Thank you to the best study buddy and friend, Michelle, for your
endless encouragement. I am forever grateful that our paths crossed in Växjö.
Table of contents
1 Introduction 1
1.1 Reaserch purpose and Reaserch question 3
2 Theoretical Framework 4
2.1 Conceptualization 4
2.1.1 Human Trafficking .................................................................... 4
2.1.2 Prostitution Policy .................................................................... 5
2.2 Three-pronged approch 6
2.3 Feminst theory 9
2.3.1 Legalizing prostitution / Sexual liberals ................................. 10
2.3.2 Criminalization of prostitution / Radical Feminist Theory ..... 12
3 Methodology 16
3.1 Research design 16
3.2 Material and data 17
3.3 Operalization 18
3.4 Limitations 20
4 Analysis 21
4.1 Human Trafficking legislation in Sweden 21
4.2 Human Trafficking legislation in the Netherlands 23
4.3 Prostitution legislation in Sweden 26
4.4 Prostitution legislation in the Netherlands 30
4.5 Analysis of the three-pronged approach 33
4.6 Tendencies of Sweden and the Netherlands prostitution policy 37
4.7 The relationship between prostitution and sex trafficking 38
5 Conclusion 40
6 Bibliography 43
1 Introduction
The first thing you see when entering Västerås airport is a warning sign,
encouraging you to report any suspicions of human trafficking. It is well
known that since globalization emerged in the early 19th century, the ways to
move humans and goods has become easier than ever, and this has spiked a
rise in cases of human trafficking (Doung 2014:788). This thesis will focus on
possible conflicts of interest in combatting human trafficking. More specifically, it
will explore if a country’s prostitution policy may influence human trafficking.
Therefore, this thesis will focus primarily on human trafficking relating to
sexual exploitation, further referred to as sex trafficking.

In general, human trafficking is the crime with the highest number of victims
worldwide (UNODC 2021). Human trafficking, also at times referred to as
modern slavery, is the “recruitment, transfer, harbouring or receipt of persons,
by means of the threat or use of force or other forms of coercion” (UNGA
2000: art.3). With its origins in the slave trade starting in ancient times, there
is also nothing modern about human trafficking (Nguyen 2010:192). An
estimate of one million children is reported missing every year worldwide
(ICMEC 2021). Children and women are often forced into trafficking,
suddenly taken from their homes, or misled into believing that they are going
somewhere safe to live a better life (Poulin 2003:38;Doung 2014:790). The
victims are commodified and dehumanized. It is a crime and a violation of the
individuals’ human rights. This form of modern slavery is an urgent social issue
that needs to be tackled in society at international, national, and local levels to end
victims’ exploitation and restore their fundamental human rights. While
combatting human trafficking is an issue for institutions and governments, it also
calls for action from everyone within society. Often enough, the problem is left out
by the media; when criminal matters are discussed, it is often mentioned as
violence, weapons, and drugs, leaving out the big part of the criminal world that

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human trafficking is. As mentioned, human trafficking is the crime with the highest
number of victims, making the lack of media exposure questionable.

Moreover, the rise of human trafficking has led to several non-governmental

organizations working to stop trafficking and intergovernmental organizations
as the United Nations (UN) have actively put the issue on their agenda. By
establishing conventions such as the Palermo Protocol (2000), the UN has used
legal instruments to enforce states to combat human trafficking and share a
view of the definition of trafficking, making the battle more effective (Shoaps
2013). One can see action plans focusing on combatting human trafficking at
a national level. However, one can also argue that sex trafficking is interlinked
with prostitution, and therefore a countries approach towards prostitution is
believed to intervene with the work towards ending trafficking. Additionally,
there is an ongoing heated moral debate regarding prostitution policy at a
national level, questioning if legalizing or criminalizing prostitution is morally
correct (Wagenaar, Amesberger & Altink 2017:62). Regarding sex trafficking,
the debate often centres around the argument that legalizing prostitution can
encourage and support trafficking victims in the process to testify against their
trafficker and raise their belief in the legal system to get the support needed
(ibid.:32). On the contrary, criminalized prostitution can be argued to reduce
predators as purchasing sex is against the law. This can, if successfully
implemented, mean a reduction of the market, and therefore limit traffickers’
business as the supply is not needed (ibid.).

Therefore, it is of utmost importance to explore the relationship between a

country’s prostitution policy and its impacts on human trafficking. It is
important to remember that the ones in the legalization vs criminalization
debate are strong supporters of their perspective. This study aims to explore if
the policies legalizing prostitution and the policies of criminalizing
prostitution differently impact human trafficking. Therefore, the thesis seeks
to understand to what extent and in which ways a country’s prostitution policy

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impacts human trafficking within the country. It further examines whether the
country’s policy on combatting sex trafficking adheres or complies with the
specific international action plans.

Two cases have been selected to illustrate the potential influence to be found:
Sweden and the Netherlands. The choice has been made primarily due to their
well-known standpoints; Sweden has implemented the criminalization model
of prostitution policy. They have criminalized the purchaser and not the
prostitute (Regeringskansliet 1998). On the other hand, the Netherlands uses
the legalizing model; hence, it is legal to sell and purchase sex (Government
of The Netherlands 2021). Thus, the two cases present the two most deviating
examples in Europe. Therefore, the study is a comparative case study where
the two cases discussed are analyzed in relation to their prostitution policies
and sex trafficking.

1.1 Research purpose and research question

This study aims to explore legalized prostitution and criminalized prostitution
and its relationship to trafficking. The aim is to present an analysis that reaches
a conclusion that will answer the research question and thereby present to what
extent the two prostitution policies influence sex trafficking. Furthermore, to
understand the background of the policies and why there can be such different
opinions, the theoretical frameworks of the three-pronged approach and
feministic theory, mainly concerning sexual liberals and radical feminists, will
be adopted. The main research question of this study, therefore, reads:

• To what extent does Sweden and the Netherlands prostitution policy

influence human trafficking for sexual purposes?

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2 Theoretical Framework
This chapter will present the most relevant theories to help answer the research
question. Firstly, there will be a chapter conceptualizing the terms human
trafficking and prostitution to ensure that the definitions used in this thesis are
clear. Furthermore, the theoretical framework presented in this thesis is the
three-pronged approach and feminist theories, more specifically the sexual
liberal approach and radical feminist approach. Finally, the theoretical
framework will help to illustrate how human trafficking can be tackled and the
motivation behind legalizing or criminalizing prostitution. Therefore, these
theories have been selected to complement each other in understanding sex
trafficking legislation and prostitution policy.

2.1 Conceptualization

2.1.1 Human Trafficking

Human trafficking is defined by the United Nations General Assembly (2000:
art.3) in the Protocol to Prevent, Suppress and Punish Trafficking in Persons
as the “recruitment, transfer, harbouring or receipt of persons, by means of the
threat or use of force or other forms of coercion”. This definition is widely
accepted internationally. All the states that have signed the treaty have agreed
to the definition and accepted a responsibility to create policies against
trafficking; this includes the two cases in this current study, Sweden and the
Netherlands (Wagenaar, Amesberger & Altink 2017:62). The description
further includes a focus on the exploitation of the victim. “Exploitation shall
include, at a minimum, the exploitation of the prostitution of others or other
forms of sexual exploitation, forced labour or services, slavery or practices
similar to slavery, servitude or the removal of organs” (UNGA 2000: art.3).
Furthermore, human trafficking does not have to include cross border
movements, even though it most often does in practice (Winterdyk, Perrin &
Reichel 2011:5). Victims of human trafficking can be of any nationality; it is

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important to recognize that the phenomenon differs from the smuggling of
migrants (Shelly 2010:8). However, it is not unusual for smugglers to lure
women into trafficking, making the lines between the two-phenomenon blurry
(ibid.:11). One can identify poverty as the most significant source of why
trafficking has emerged; individuals living under economic pressure are
targeted by traffickers and promised jobs, education, and better lives if they
follow them (Nguyen 2010:189). Additionally, it is essential to remember that it
is impossible to have exact statistics of human trafficking. The International
Labour Organization (2017) latest report stated that 4,8 million people are victims
of forced sexual exploitation. However, current statistics are only an estimate; most
victims belong to a “hidden population”, such as illegal migrants (Lagon
2015:24;Tyldum & Brunovskis 2005:18;Shelly 2010:4).

2.1.2 Prostitution Policy

Prostitution can be defined as “the act or practise of engaging in sexual activity
for money or its equivalent” (Garner 1999:1238). Prostitution is divided into
street prostitution, brothel prostitution, and escort prostitution (Jeffereys
2010:211). What separates prostitution from sex trafficking is that prostitution
is entered voluntarily and is not coerced as human trafficking (Lee & Persson
2019:1). In contrast, one can question whether prostitution ever is entered
voluntarily; one can also argue that authorities implementing criminalization
policies are taking the wrong approach. The focus should rather be on what
drives women into sex work. For example, according to some scholars,
poverty is the real source and enemy (Vanwesenbeeck 2017:1636;Cruz
2013:483).

Worldwide there is a discussion whether prostitution should be legalized or

criminalized, and all states have their sovereign right to implement prostitution
law as they wish (Wagenaar, Amesberger & Altink 2017:6). This means that
governments play a vital role in implementing legalizations as it directly
shapes the way the prostitution markets are organized (ibid.). Moreover, there

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are three approaches that shape the prostitution policy: criminalization,
legalization, and decriminalization, and they have further subcategories
(Mossman 2007:5). The policies can be implemented differently regarding
each category of prostitution; commonly, street prostitution is illegal even if
the country implements the legalized approach (Jeffereys 2010:211). All
policies have a policy design and policy instruments; the design is constructed
in a way that aims to deliver the goal policymakers have in mind (Wagenaar,
Amesberger & Altink 2017:79). The feministic theoretical framework later
presented aims to discuss the ideas behind the construction of prostitution
policies, which policy instruments are used, and which are effective. The
feministic arguments will help understand the policy design and why the
specific policies are implemented. These policies and laws are the tools of the
state in promoting their moral attitudes and values (ibid.:71).

2.2 Three-pronged approach

The three-pronged approach, also referred to as “the three Ps”, is a framework
used when creating legislation and directives for combating human trafficking
(Lagon 2015:21;Heinrich 2010:1). The concept originates from the UN
Palermo Protocol and suggests that legislation should focus on prosecuting
traffickers, protecting trafficked persons, and preventing trafficking (Heinrich
2010:1;Todres 2011:56;Lagon 2015:21). The first P, prosecuting traffickers,
states that countries shall take legal action against traffickers to punish
offenders and dispirit the crime (UNGA 2000: art.5). Secondly, protecting
trafficked persons includes providing care for identified victims and using
resources effectively to identify victims; foreign victims shall also be granted
permits for residency (UNGA 2000: art.6-8;Lagon 2015:23). Lastly, to prevent
trafficking, states need to acknowledge the demand and bring awareness
towards the cause; through public campaigns and by providing staff who may
work in the environment where trafficking occurs to identify trafficking
(UNGA 2000: art.9-13;Lagon 2015:23). Operational measures for each of the

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three Ps are essential for successful implementation, and they should be based
on international instruments as political commitments (UNODC 2009:3).
However, the three P framework is non-exhaustive. It is merely an instrument
for countries to evaluate their policies and laws and to ensure additional
measures complementing the three Ps are implemented (ibid.:3). This leaves
discretion for states to tackle trafficking in various ways. However, the
Palermo Protocol aims to create an international standard as; the goal is for all
states to implement the three Ps as the cornerstones of their legislation
(ibid.:3).

A common failure is that the three prongs are unbalanced. Prevention and
protection can be argued to get less focus and resources than the
criminalization of traffickers (Todres 2011:57;Cho 2015:87). Therefore, the
hypothesis is that there is no equal focus on the three Ps in Sweden or the
Netherlands action plan to combat human trafficking. Moreover, there is an
issue of conflict between prevention and protection. Human trafficking victims
are often illegal immigrants if they are not provided with amnesty, which
protects their human rights; increasing protection can, therefore, risk
increasing human trafficking (Cho 2015:87). It can be thought of as a way for
illicit immigrants to gain legal status, hence becoming another argument for
traffickers to recruit (ibid.:87). Often countries that put the most effort into
reducing human trafficking have very restricted immigration policies, putting
victims at significant risk as they may lose protection (ibid.:87). However, the
Palermo Protocol limits state rights to prosecute trafficking victims due to
missing a legal status in the country. Conversely, this does not mean that it
never occurs (ibid.:87). One can argue that the framework’s weakness is the
lack of collectively addressing the background reasons for trafficking: poverty,
development, and equality (Todres 2011:58). One can question why these
issues are not given more attention under ‘prevention’ policies. On the other
hand, the prosecution gets a lot more detailed explanation of the convention’s

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aim for law enforcement (ibid.:58). Additionally, Clinton (2009) claims that a
fourth P should be added, that is, the idea that partnership improves the
concept. Partnership, conducted in an international context between
governments, organizations, and businesses, is needed to combat human
trafficking by enforcing laws, sharing expertise, and effectively reducing the
number of victims by being observant within different industries (Lagon
2015:22).

Ulasoglu Imamoglu (2021:4) indicates two significant findings in countries

with the most compliance with the Palermo Protocol and the three Ps. First,
countries with a more gender-balanced government and cabinet are seen to
have a stronger interest in implementing anti-trafficking legislation (ibid.:4).
Questions relating to women-dominated issues are more likely to be prioritized
if more female members are in the legislative body (ibid.:4). Moreover, the
more democratic a country is, the more likely it is to follow the obligation of
treaties as the authorities are monitored and elected by the people (ibid.:4).
However, there is a negative link between low compliance and high levels of
corruption (ibid.:4). To implement policies combatting human trafficking, a
strong capacity and quality of institutions is needed, which often is poor in
corrupted countries (ibid.:4).

The presented three-pronged approach helps assess to what extent the action
plans to combat human trafficking in Sweden and the Netherlands live up to
the international standards. According to the arguments by Ulasoglu
Imamoglu 2021, both countries are most likely cases to follow the
international agreements and ensure compliance of them. However, these are
two countries that follow an opposite approach towards prostitution which
makes it interesting to compare the two countries with each other. One can
expect that evaluating the human trafficking policies relating to the three Ps
help to identify shortcomings in the legislation and suggest improvements.
Finally, the research question of this thesis will lead the discussion further to

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explore if a country’s prostitution policy increases or limits the three Ps to be
installed.

2.3 Feminist Theory

Feminist theory is a transdisciplinary perspective that aims to explain the
constructions of gender inequalities (Gerassi 2015:2; Miriam 2005:3;Pateman
1988). It is highly relevant in the prostitution and human trafficking debate, as
the issue, primarily affects women (Poulin 2003: 38;Doung 2014:790). It is a
gender infected debate that has been the topic for many feminist scholars
(Doung 2014:790;Pateman 1988). Conversely, one can argue that there can be
a connection between the ‘blind eye’ that the subject often is met with and that
men have oppressed women since the beginning of time (Isaksson 2019:384).
The oppression against women occurs at home in the private sphere and in the
public sphere by the capitalist system (ibid.:384). Concerning this matter,
oppression can be a product of authority’s legislation and cultural
stigmatization. Therefore, it is impossible not to discuss feministic theories
regarding the issue at hand. Furthermore, the motives behind exploiting women
within sex trafficking are not to neglect. A victim’s body can be sold multiple times
and are profit maximizers to the traffickers, compared to other illegal commodities
(Shelly 2010:3). Feminist theory helps to explain why men feel the right to exploit
women and accepts the commodification of women’s bodies (Miriam
2005:2;Pateman 1988:194).

Jefferys (1997:197) argues that to understand prostitution, one needs to

theorize sexuality. The two feminist approaches discussed in this thesis, sexual
liberals (essentialists) and radical feminists (social constructivists), agrees on
this point. Furthermore, they also share the opinion that prostitution is not
something that women do by a “free choice”; instead, it is connected to
economic coercion and male supremacy (Jefferys 1997;Vanwesenbeeck
2017:1636;Cruz 2013:483;Pateman 1988). Their main differences lie within
their views of biological sexual needs and countries’ approaches in handling

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the situation. Moreover, policymakers use the theories as a base for
implementing legalized or criminalized prostitution at a national level,
depending on the governing bodies own moral beliefs (Wagenaar, Amesberger
& Altink 2017:72). Therefore, by analyzing the outcomes of the policies based
on these theories in relation to sex trafficking, one can assess the policies
effects on sex trafficking and contextualize the countries motives, in this case,
Sweden and the Netherlands.

2.3.1 Legalizing prostitution / Sexual liberals

Countries that have legalized prostitution have done so based on sexual
liberalistic arguments. Sexual liberals (essentialists) argue that sexual urges
are natural, and biologically men withhold stronger sexual needs than women
(Jefferys 1997:197). Therefore, prostitution is natural and exists to please
men’s sexual needs and substitute marriage (ibid.). However, prostitution also
exists due to women’s enthusiasm to please men. Sexual liberals believe that
prostitution could end if women would no longer feel this need (ibid.:199). As
“the natural essence of sexuality” only exists within men, only the man
benefits from prostitution (ibid.). Prostitution is a consequence of men’s sexual
needs and men’s natural interest to withhold supremacy over women
(ibid.:198). Essentialist argues that prostitution is inevitable, and thus,
legalizing prostitution can work in women’s favour and help protect them in
their position as submissive to the man (ibid.). In addition to that, prostitutes
do not need rescue; they need services that support them (Gerassi 2015:4).

It is known that laws can impact behaviour and change the norms that people
live by (Lee & Persson 2019:28). Therefore, one can assume that legalizing
prostitution can increase social acceptance of prostitution (Lee & Persson
2019:28;Jakobsson & Kotsadam 2011:3). One can further suspect that
legalized prostitution in the Netherlands has made prostitution less
stigmatized. Furthermore, this is seen as a positive outcome for the sex work
organizations that emerged in the 1980s and liberalists who have been the

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driving force in the liberal approach to defining prostitution as a legitimate job
(Jeffereys 2009: 316;Jeness 1993). Even though they see women as
submissive to men, they reject the idea of prostitution being equal to abuse and
argue that it is sexual freedom for women to decide what they want to do with
their bodies (Jeffereys 2009:316). By implementing the legalized approach,
prostitutes gain rights to report unjust working conditions and can seek help
without the risk of being exposed or charged; this has resulted in better health
(Harcourt, Egger & Donovan 2005:126). Essentialists challenge the prude
approach that it is morally wrong for women to explore their sexuality, and
instead, they promote sexual freedom and claim that prostitution can be
consensual (Jeffereys 2009:317; Gerassi 2015:4). Conversely, the acceptance
that the liberalists seek not just within prostitution but also pornography and
more has led to an increase in the way women are used as profit makers, with
others than themselves as the winner. It is the companies that deliver the
‘product’ that makes the most prominent capital gains, the sites that make
pornography available and advertise prostitute services, the banks that buyers
use to make the money transfers, the strip clubs, and governments that tax
legalized prostitution (Jeffereys 2009:316). Hence, this is just a new way that
women are oppressed by society in the global economy.

One can also challenge liberalists and argue that it is hard to see prostitution
as “another job” when considering the risks of physical and psychological
violence and their bodies’ consequences. First, there is the risk of sexual
diseases, and it is the only “job” where pregnancy is an occupational hazard
(Jeffereys 2009:317;Gwynne 2018). An ex-receptionist from a brothel in
Australia, where prostitution is legal, witnesses that many sex workers use
drugs to escape their reality and numb their bodies (Gwynne 2018). They also,
at times, apply anaesthetic creams before seeing clients avoiding pain for the
moment (Gwynne 2018). She argues that buyers have a common interest; they
want the youngest and least experienced girl at the brothel (ibid.). According

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to her, this is due to being less likely to complain and not carry out sexual
activities that more experienced sex workers might disagree with, indicating
no consensus between the client and prostitute (ibid.). Lastly, it is also worth
acknowledging that if prostitution is sexual freedom for women, it does not
have to be from a man’s perspective. Sex workers are sexualized and
commodified, talked to and about as they “are slabs of meat” no matter if
prostitution is legal or illegal (Gwynne 2018;Coy, Wakeling & Garner
2011:442).

Harcourt, Egger and Donovan (2005:124) argue that countries implementing

regulations through a license for sex work has often done so by a “one size fits
it all approach”. This risk backfires at the most vulnerable women, often
referred to as “clandestinas”, who engage as prostitutes outside the licencing
regime (ibid.:124). In Queensland, Australia, this is an effect of not issuing
enough licences in relation to the demand, leaving women with no choice but
to become clandestinas if they wish to sell their services (ibid.:125).
Clandestinas working conditions are deplorable, and they are excluded from
the public health system, often resulting in bad health and a high number of
sexually transmitted infections (ibid.). Furthermore, this has been used as an
argument as to why regulating sex work is important to protect women and
create a healthier environment. However, clandestinas would not exist in an
unregulated regime; limiting the provision of health to only licensed
prostitutes makes the disadvantages for those standing outside (ibid.). Critics
argue that a legalized regime’s administrative costs with an advantage could
be spent on public health instead (ibid.:126).

2.3.2 Criminalization of prostitution /Radical Feminist Theory

The criminalization of prostitution is motivated by radical feminist theory
(social constructivist). Radical feminists claim no biological sexual needs; all
sexual feelings are socially constructed (Jeffereys 1997:200). Thus, sex is
something one needs to learn; the theory questions when and why men learn

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it is acceptable to purchase women’s bodies and how they connect this to be
sexually exciting (ibid.). There is only one explanation for this: men’s need to
dominate women (Jefferys 1997:200;Miriam 2005:11;O’Connell Davidson
1998:121). The gender hierarchy exists due to women being sexualized
through prostitution, pornography, and other outlets; this legitimizes the
gender hierarchy and reproduces it (Coy, Wakeling & Garner
2011:442;Bourdieu 1990). Prostitution is the starting point for this sexual
exploitation and cannot be excused (ibid.). It is not natural or inevitable; it is
always a way for men to use violence over women and children (Jefferys
1997:198). Prostitution does not just result in physical violence; it also leads
to psychological issues, sometimes resulting from how prostitutes try to
separate the mind from the body to survive the infringement resulting from
prostitution (ibid.:316). Hence, it should be in countries best interest to end
this violence that men suppress women with, and radical feminists argue that
criminalizing prostitution is a way for authorities to handle this issue and take
control. Moreover, abolitionist policies aim to end the sex market once and for
all, often by reducing the demand (Vanwesenbeeck 2017:1631).

Conversely, one can argue that criminalization is counterproductive; there is a

known connection between sex work and violence. Studies show that
criminalization policies increase the risk of violence up to seven times
(ibid.:1633). It also stigmatizes prostitution, leading to social exclusion and
discrimination (Vanwesenbeeck 2017:1632-1633; Benoit et al. 2018:458).
Therefore, a relevant hypothesis is that the criminalization of purchasing
sexual services in Sweden has increased the overall violence against
prostitutes in Sweden. Furthermore, stigma also contributes to sex workers
loss of protection. The fact that they have no protection can lead to a nature
where it seems acceptable to treat prostitutes with violence (Vanwesenbeeck
2017:1632-1633). Finally, the motives behind criminalization policies are the
refusal to legitimate sex work as ‘work’; there is an intention that women shall

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not seek to go down the sex work route and instead find ‘legitimate’ work.
However, the stigma reduces these possibilities making it harder for women
to get out of sex work once started (ibid.:1632-1635). Additionally, the issue
that policies against prostitution do not end sex work but instead makes it more
dangerous is well agreed upon within the literature relating to the subject
(Vanwesenbeeck 2017:1634;Urada et al. 2014).

On the contrary, criticism has been made against criminalization by prostitutes

who claim that they sell sexual services voluntarily and that criminalizing
prostitution to combat human trafficking comes at their expense (Lee &
Persson 2019:1). Lee and Persson (2019) try to explore if this conflict of
interest is unavoidable or not. Throughout the analysis, it is discovered that a
conflict of interest is inevitable; all existing approaches either help to reduce
human trafficking and prostitution or increase both (ibid.:3). They then seek
to discover if there is a way to go around this; when doing so, the goal is to
eliminate the supply of trafficking victims while making it possible for
voluntarily sex workers to continue their work (ibid.). However, a paradox is
that if prostitution is criminalized, it can reduce the supply of prostitutes due
to the stigma that will rise with selling sex (ibid.:28). However, it creates a
loophole for traffickers who do not mind stigmatizing their victims; the market
can be argued to work in their favour (ibid.). Therefore, it is argued that to
work effectively, criminalization should criminalize the demand, men that
purchase sex and not the supply side (ibid.:29). However, to protect human
trafficking victims and to abolish trafficking, it is believed that a combination
of legalized prostitution and criminalization of offenders who purchase
trafficking victims would be most effective (ibid.:30). Legalized prostitution
shall be implemented with a regulatory framework that can help increase the
penalties of men purchasing trafficking victims (ibid.).

Furthermore, one can see a shift in the focus within policies around the world.
There is a neo-abolitionism trend where the focus has left prostitution and

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moved to anti-trafficking discussions (Vanwesenbeeck 2017:1632;Miriam
2005). It is essential to have clear legal definitions of what the terms
prostitution and trafficking consist of. There is a risk that the lines get vague;
sex workers have suffered from this as they often share information and
locations, putting them in a position where the law might view what they do
as trafficking if not implemented correctly (Vanwesenbeeck 2017:1634).
Moreover, criminalization reduces prostitutes independence and increase
economic pressure, which creates a possibility within organized crime
networks where traffickers and pimps can attract women to join them to gain
clients (Vanwesenbeeck 2017:1634;Duong 2014:789).

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3 Methodology
In this section, the methodology of the thesis is outlined. Firstly, the research
design is explained, and there will be a presentation of the methodological
framework of the comparative case study. Secondly, the reason for the
selection of cases will be argued. Thirdly, the materials used in this study will
be presented, followed by the operationalization of the research and the
limitations found.

3.1 Research design

This study has a qualitative and comparative case study design with the aim to
analyze the two cases and conclude from the comparison between them. A
comparative case study intends to explain the relationship between at least two
units of analysis; having more than one case will help explore the relationship
between the cause and effect (Esaiasson et al. 2019:109). As already
mentioned, this is a multiple case study; it will explore both criminalization
and the legalization of prostitution. There will be a comparison of the results
of both policy approaches to help answer the hypothesis and draw a conclusion
if there is an influence or not. A comparison is needed to draw a conclusion
based on the cause and effect; this is simply what a case study is (ibid.). In this
thesis, the cause is the design of the prostitution policy, and the effect is its
influence on sex trafficking. The study is descriptive; it aims to describe
prostitution policies’ influence on sex trafficking (ibid.:36). The strength of a
case study is that it can show if there are causal mechanisms in different cases,
even in complex situations (George & Bennet 2005:19). Furthermore, it allows
the researcher to discover new connections and explore these to develop new
hypothesizes (ibid.). By analyzing a limited number of cases, one can ensure
that they use the same definitions for the phenomenon discussed and,
therefore, can be compared fairly; this provides grounds for conceptual
validity (ibid.).

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Therefore, the study is delimited into two cases of prostitution policy
approach: legalization and criminalization. Moreover, each of the cases has
been given a country to investigate a potential and maybe varying outcome.
The countries selected are Sweden and the Netherlands. The countries have
been selected due to their prostitution approaches, criminalization, and
legalization. Thus, they are often used as examples of these prostitution
policies (Crowhurst, Outshoorn & Skilbrei: 2012). The two cases, therefore,
build the most deviant cases with opposite prostitution policies while, at the
same time, the countries show several similarities as well. Both states are
developed states with strongly developed welfare, they are member states of
the European Union, and most importantly, they are both destination countries
for human trafficking victims (EU 2021a;EU 2021b;Marinova & Patrick
2012:232-239). Additionally, to implement successful policies to combat
human trafficking according to the framework set out in the Palermo Protocol,
it was shown that democracies tend to get the best conditions for
implementation. Both Sweden and Netherlands are free and democratic
(Freedom House 2021a;Freedom House 2021b). Likewise, studies indicate
that the implementation of policies can be more complicated in federal states
(Wagenaar, Amesberger & Altink 2017:63). Therefore, to create a fair
comparative case study, it is important to compare two states using the same
governmental system, in this case, two unitary states who also are
decentralized (EU 2021a;EU 2021b). Furthermore, the Walk Free Foundation
created the Global Slavery Index in 2018. They presented the Netherlands as
the leading country in governments that take the most action to end modern
slavery; Sweden was ranked number four (Walk Free Foundation 2018). As
mentioned, selecting two cases that share the same preconditions helps to
ensure conceptual validity (George & Bennet 2005:19).

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3.2 Material and data
The primary sources of the thesis will be the prostitution law and legislation
that focus on combating human trafficking in Sweden and the Netherlands.
Additionally, preparatory work, parliamentary motions that led to the laws
implemented will be considered, and reports and evaluations to understand the
country’s aims to implement the policy of choice and the outcomes it has led
to. In Sweden, the action plan (Action Plan against Prostitution and Human
Trafficking for Sexual Purposes) and the criminal code are the two primary
sources of legislation used to combat trafficking. Although there is further
legislation regarding the sexual exploitation of children, this thesis will focus
on the national action plan as the main source. In the Netherlands, the criminal
code and the national action plan (Together against Human Trafficking) are
the two main legislation. These documents will therefore be primary sources
in this study. Moreover, the US Department of State´s Office to Monitor and
Combat Human Trafficking in Person (TIP) presents a yearly report evaluating
the work to combat human trafficking in all countries (TIP 2021c). The results
of the 2021 report regarding Sweden and the Netherlands will be included in
the research. Secondary sources will consist of previous research, articles, and
other texts from authorities and non-governmental organizations.

3.3 Operationalization
The selection of two cases also aligns with what Esiasson et al. (2019:64)
describe as reassuring high validity and reliability in a study. Narrowing the
focus to a selection of cases and policies reduces the risk of analyzing the
material inaccurately (ibid.). Moreover, to analyze the material, the three-
pronged approach will be used as a framework to detect the ways Sweden and
the Netherlands policies comply with the three Ps established in international
regulations by the UN and the Palermo protocol. Below in table 1, the
questions kept in mind while researching the policies are presented. There will
also be a section discussing each country’s action plan for human trafficking

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and a summary of the information. The aim of categorizing the policies this
way is to distinguish whether the states have implemented the framework and
follow a similar approach. Furthermore, if there are significant differences,
one may find a variety of outcomes to analyze further.

Table 1: The three-pronged approach in Sweden & the Netherlands policies

Approach Prosecution Protection Prevention

Underlying What does the What does the What does the
questions countries countries countries
legislation say legislation say legislation say
regarding regarding regarding
prosecution? protection? prevention?
Indicators Provisions entail Provisions entail Provisions entail
the prosecution the protection of the prevention of
of traffickers as human human
main policy trafficking trafficking as
objectives. victims as main main policy
policy objectives.
objectives.

Furthermore, when analyzing the countries prostitution policies and the

outcome, the categories presented in table two will be used to see if different
tendencies can depend on the approach to criminalize or legalize prostitution.
The tendency of the nationality of prostitutes is included due to the common
tendency of trafficking victims being migrants. Therefore, a significant finding
of migrants in the category could suggest a high flow of trafficking. The
background before entering prostitution and the identified issues with the
policies are interesting for this study when comparing the cases to establish
significant differences and similarities, which can be a base for the analysis.
These outcomes will be further compared to the feministic theoretical
framework to see if the hypothesis is confirmed or rejected. There is an aim to
find if the approaches to prostitution are found to interfere with sex trafficking.
Likewise, answer the research question.

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Table 2: Tendencies within prostitution in Sweden & the Netherlands

Tendencies within Sweden The Netherlands

prostitution in the
country
Nationality

Background before
entering prostitution
Identified issues with
the policy

3.4 Limitations
The limitation found in this thesis is the limited number of cases. It is
impossible to generalize the outcome of criminalization and legalization of
prostitution from only two cases. One can merely argue that it can be seen as
an indicator for the potential impacts of these policies on sex trafficking that
might work similar in other countries with similar characteristics and
approaches. However, the constraints of conducting a bachelor thesis in terms
of length and time do not allow for a more comprehensive study that includes
more cases. Furthermore, it is also necessary to remember the limitations on
statistics of both human trafficking and prostitution. One can argue that it is
always a constraint with criminalized subjects to know the total picture of the
problem, as it naturally occurs in the informal market and hidden places.

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4 Analysis
This chapter of the thesis introduces and analyses the primary sources in
relation to the theoretical framework. Then, a section will discuss how the
countries implement the three Ps. Finally, the relationship between prostitution
policy and sex trafficking are addressed.

4.1 Human Trafficking legislation in Sweden

The term human Trafficking was first used in the national criminal code in
Sweden in 2002, and it is defined as outlined in the Palermo Protocol (Skr.
2007/08:167). The TIP recognizes Sweden as a tier-one country as it “fully
meets the minimum standards for the elimination of trafficking”, according to
their 2021 report (TIP 2021b). Moreover, Sweden has an action plan to combat
human trafficking called “Action Plan against Prostitution and Human
Trafficking for Sexual Purposes” (Skr. 2007/08:16). The government
officially adopted this plan on July 10th 2008 (ibid.). The action plan was
implemented due to recognizing a pattern in Sweden, where one could see a
correlation between prostitutes in Sweden and migrated women from less
economically advanced countries (Skr. 2007/08:167). Moreover, the title
explicitly indicates that Sweden condemns prostitution and human trafficking.
There is a primary focus on the individual. For example, all authorities
working against trafficking shall consider the victims’ best interest (ibid.). The
action plan divides the work against sex trafficking and prostitution into five
areas, which are “increased protection and support, strengthened prevention
work, strengthened quality and efficiency in the judiciary, increased
collaboration and increased knowledge” (ibid.). To illustrate the legislation’s
aims, a summary will now focus on the three-pronged approach discussed in
the theoretical framework.

Trafficking victims are, according to the Swedish Aliens Act (SFS 2005:716),
granted temporary residency permits to help with the investigation and the
prosecution of their trafficker. This includes a 30-day consideration time for

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the victim to decide if they want to testify or not. This is also interlinked with
the work to protect victims. During the temporary residency permit, the victim
is ensured to be provided with help regarding financial needs to remedy and
redress the situation (ibid.). Furthermore, to protect victims of sexual
exploitation, the action plan states that occupational groups who are most
likely to work with victims should be educated to recognize patterns and signs
of sexual exploitation (Skr. 2007/08:167). This can help ensure that victims
are acknowledged and given the protection and help needed; likewise, it
overlaps with prevention to prevent further exploitation. Directed to the Social
Service Act (SFS 2001:453) is the obligation to provide victims with protected
housing to get the support needed. It is known that it is common for victims of
sex trafficking to be further exploited if not provided with support to regain
control of their lives and strengthen their position in society (Skr.
2007/08:167). Hence, The Swedish Gender Equality Agency offers a support
program, “Återvändandeprogrammet”, that provides former victims of sexual
exploitation with support to tackle the issues that the individual may
experience and help with integration before, at the time of and after returning
to their home country (Jämställdhetsmyndigheten & IOM 2018).

To help support and prevent sex trafficking, the collaboration between the
authorities in Sweden at a national and local level and internationally is
necessary (Skr. 2007/08:167). The resources tackling trafficking differ
between the regions and varies in different years (ibid.). The prevention of
trafficking is further interlinked with the work to combat male violence against
women. Therefore, this action plan also affects trafficking in Sweden (Skr.
2007/08:39). Furthermore, there is an argument that trafficking and
prostitution can be prevented by targeting the demand. The main goal in
Sweden is to reduce the demand for sexual services to end the exploitation
(Skr. 2007/08:167). Therefore, schools shall provide information on rights and
knowledge regarding exploitation; they shall work to change the gender

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stereotypes and end the tendency of male supremacy (Skr. 2007/08:39).
Moreover, the Swedish National Police are responsible for making Sweden a
country unattractive for organized crime to settle. Therefore, they have the role
to strategically plan to combat trafficking and prevent trafficking from
occurring in Sweden (ibid.). A specific human trafficking group actively
works with international partners to map human trafficking flows and
investigate the crime (ibid.). Furthermore, under the authority of the National
Police Board, a member of the police is the national rapporteur on trafficking
of human beings in Sweden; every year, together with their team, they provide
a report on the matter to the government (ibid.). According to Article 4 of the
Swedish criminal code, sex and labour trafficking is criminalized in Sweden
and can result in two to ten years of imprisonment (SFS 1962:700).

4.2 Human Trafficking legislation in the Netherlands

The Netherlands government condemns human trafficking and has
implemented the action plan Together Against Trafficking in 2018, with the
aim to effectively reduce sex trafficking (Government of the Netherlands
2021b). Later discussed is that the legalization of prostitution was motivated
as a way for the authorities to target sex trafficking and make a division
between the two forms of prostitution (Daalder 2007:39). Furthermore, the
action plan intends to implement five main actions: “Further development of
the basic approach to combating Trafficking of Human Beings, further
development of the approach to combating labour exploitation, the prevention
of victimhood and perpetrator, strengthening the municipal approach to
combating Trafficking in Human Beings, and sharing knowledge and
information” (EC 2021). Furthermore, the TIP recognizes the Netherlands as
a tier-one country as it “fully meets the minimum standards for the elimination
of trafficking”, according to their 2021 report (TIP 2021a). The government
argues that a focus on cooperation is essential to succeed. They have delegated
the vital role as organizer of the matter to The National Rapporteur of Human

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Trafficking in the Netherlands, also referred to as the Dutch Rapporteur who
consists of an according to the law, independent rapporteur and their team of
experts (Government of the Netherlands 2021b; Ministry of Justice and
Security et al. 2019:41). They have been given the important task of
monitoring and developing the approach while constantly collecting input and
keeping other institutions as government bodies, international organizations,
NGO´s, the media, researchers, and other expert groups updated. The approach
to combat human trafficking is comprehensive, and they argue that the most
important tool to end human trafficking is to understand its nature and extent
at the time being (Dutch Rapporteur 2021). The Dutch Rapporteur monitors
and researches the patterns and constantly updates the strategy to have an
effective approach (ibid.). They also create material for staff working in
environments where both victims and predators exist to spot early signs of
trafficking (ibid.). They have developed a “victim-focused approach” and an
“offender-focused approach”, which aims to prevent victimhood and
perpetration by early on identifying the signs of crime to protect victims and
prosecute offenders (ibid.). Here, the three Ps are all interlinked in the Dutch
action plan.

When implementing the action plan in 2018, more funding was directed to the
national police and Public Prosecution Service to strengthen their ability to
combat trafficking (Ministry of Justice and Security et al. 2019:14). One of the
resources is to educate more investigators, who are experts in human
trafficking and provide more comprehensive training in the matter to the police
working in environments where trafficking is common (ibid.). Moreover, it is
known that victims often avoid pressing charges. Therefore, the action plan
suggests that the national police need to put more resources towards detecting
sex trafficking; they also cooperate across the borders (Government of the
Netherlands 2018). The police work with finding effective ways to prosecute
traffickers without the need for victims to testify. By signs of trafficking being

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detected and being encouraged to be reported to the police by public members,
the police aim to respond quickly and limit victims’ harm, prosecute
traffickers, and provide protection (ibid.). At a national level, the Ministry of
Justice and Security, Ministry of Health, Welfare and Sport, Ministry of Social
Affairs and Employment, and Ministry of Foreign Affairs are encouraged to
collaborate closely to make the work as effective as possible (ibid.). However,
local and regional authorities have delegated an obligation to implement the
national approach (ibid.). The action plan state that training for professionals
working closely with immigrants, care institutions, children and youth and the
hospitality industry shall be provided to discover victims of sexual exploitation
and thus, protect victims and prevent further exploitation (Ministry of Justice
and Security et al. 2019:26).

Additionally, the cabinet has put resources towards a further expansion of

shelters for victims of sexual exploitation; it is argued that it is essential that
there are shelters for all genders and for different age groups to provide the
best possible care (ibid.:17). It is the municipalities that are responsible for
providing financial support, provide care and shelter for trafficking victims,
according to the Social Support Act (WMO 2015). A victim shall be allowed
to stay in the shelter for at least three months to get the initial care needed
(ibid.). This time shall also allow the victim time to decide if they want to
testify against their predator; if so, they can stay at the shelter longer (ibid.).
Furthermore, they shall provide assistant to the victims when they leave the
shelter, such as help to find housing, work, education, and income (Ministry
of Justice and Security et al. 2019:30). Moreover, to keep the victim central
and protected, the action plan has created a possibility for victims to be heard
in non-public hearings to protect their privacy (ibid.:15). Furthermore, in work
to protect and prosecute, the Netherlands Alien Act (2000) states that an alien
victim shall be granted the right to stay in the country for three months to
decide if they want to press charges. Section 3 paragraph 1b states that

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trafficking victims are entitled to a temporary residency permit to testify
against their trafficker. However, if due to medical reasons or under threat,
residency shall be given anyway until the investigation and proceedings are
over (ibid.).

Conversely, the key to safeguarding victims is to work against stopping the

perpetrators in the first instance before an individual comes to harm (Ministry
of Justice and Security et al. 2019:25). One can see that the trafficking flows
has increased since prostitution became legal (Albert 2021:667). The legal
market attracts economically disadvantaged migrant women who often
become ‘trafficked’ on the way to the Netherlands (ibid.). It is also common
that the reality might not be what is expected after arrival. One needs to have
a set of criteria to become a legal sex worker, and this can, for example, be the
ability to speak Dutch or English (KVK 2021;Albert 2021:667). As a result,
the migrant is vulnerable to potential pimps and often forced into the non-legal
market (Albert 2021:668). In prevention, Dutch authorities work closely with
organizations in countries known to be the common origin of trafficking
victims in the Netherlands (Ministry of Justice and Security et al. 2019:28).
Furthermore, the resources and funds needed to combat trafficking can be
argued to be spent on the enforcement of the legal regime, suggesting that
legalizing prostitution to stop sex trafficking is counterproductive (Albert
2021:667). Lastly, the Dutch Criminal code Article 273f states that sex and
labour trafficking is criminalized and can result in up to 12 years of
imprisonment (Dutch Criminal Code art. 273f).

4.3 Prostitution policy in Sweden

Swedish prostitution law follows the radical feminist approach and has
criminalized prostitution. Furthermore, as already mentioned, Sweden’s
“Action Plan against Prostitution and Human Trafficking for Sexual Purposes”
includes a framework to end prostitution as well as sex trafficking (Skr.
2007/08:16). Notably, the documents relating to human trafficking and

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prostitution in Sweden are interlinked. However, The Swedish Act prohibiting
the purchase of sexual services implicit focus on prostitution was the start of
Sweden’s criminalization approach. When implemented in 1999, it stated,
“Anyone who acquires a temporary sexual relationship for compensation is
sentenced - unless the act is punishable under the Criminal Code - for the
purchase of sexual services to a fine or imprisonment for a maximum of six
months” (SFS 1998:408). This act was later revoked in 2005 when it was
updated and transferred into the criminal code (Ministry of Justice 2015).
Chapter 6, section 11 of the criminal code states, “Anyone who, in other cases
than those referred to earlier in this chapter, acquires a temporary sexual
relationship for remuneration, is sentenced to a fine or imprisonment for a
maximum of one year for the purchase of sexual services. What is said in the
first paragraph applies even if the compensation has been promised or given
by someone else” (SFS 1962:700).

The decision to criminalize prostitution came after debates regarding dealing

with men’s violence against women; prostitution was acknowledged as a part
of the issue (Ministry of Justice 2015). Furthermore, it is seen as a social issue,
both societal and individual (Justitiedepartementet 2016). Hence, the Swedish
parliament decided that a “buyer” of sexual services is a predator and,
therefore, criminalization of the act is needed (Ministry of Justice 2015).
Resulting in the construction of the law where it is not illegal to sell sex, an
individual selling their body can never be arrested; it is only the act of
purchasing sex that is criminalized (ibid.). Furthermore, it agrees with the
Swedish viewing point that paying for someone’s body is directly interlinked
with power (Justitiedepartementet 2016). The end vision is a result where the
sex market disappears as the demand erases due to criminalization, limiting a
market’s possibilities (ibid.). It is argued to be a relation between prostitution
and organized crime, such as sex trafficking, and by eliminating the first, the
aim is to combat the second (ibid.). The law’s implementation also aims to

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show the Swedish states standing point in the matter concretely, Sweden does
not accept violence against women under any circumstances (SOU 2010:49).

Moreover, in 2010, an evaluation report of the new prostitution law was

released from the Swedish Government. According to the evolution, the
amount of street prostitutes has halved during the first ten years since
criminalization was introduced (ibid.). However, there has been a change in
the nationalities of these women. In 1993 when the investigations that led to
the reform of the Swedish prostitution policy took place, 20-30% of the
prostitutes were foreign nationals (SOU 2010:49;Jämställdhetsmyndigheten
2021:23). In 1999, this group made up more than half of all individuals, the
latest numbers from 2021 indicate that almost all street prostitutes in Sweden
are migrants (ibid). Moreover, one could see that most women come from
Eastern Europe (SOU 2010:49). Since Norway followed Sweden and
criminalized prostitution, there has been a rise in Nigeran women in
Gothenburg; believed to have relocated from Norway due to the change of
environment driving individuals and traffickers to adapt to the change (ibid.).
It is important to acknowledge that street prostitution can be argued to have
been replaced by increased advertising possibilities that have come with the
internet’s expansion (ibid.). In interviews conducted within the evolution,
former prostitutes say that they “just go down to the street if the phone stops
calling” (ibid.). Therefore, one can argue that reducing street prostitution in
Sweden might not be down to the change of policies, it may just result from
digitalization. A survey conducted by Jämställdhetsmyndigheten (2021:23)
reported that only 8% indicates that the prostitute speaks Swedish when
analyzing advertisements on the internet. A majority advertises that the
language spoken is English, and 116 different nationalities have been found.
There is also the domination of individuals struggling financially with mental
health, substance abuse, previous victims of violence, rape and discrimination
identified by groups who work with supporting individuals who have been

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sexually exploited (ibid.). Sexual services are most likely to be conducted in
the home of the buyer or seller or at a hotel (ibid.). However, it has become
increasingly common for hotels to turn away suspected individuals in
suspicion of sex trafficking (ibid.). There is also a known structure of
individuals already exploited in their working environment at massage salons
that sells sexual services at work (ibid.).

Moreover, support for individuals who have sold sex is missing. Many have
indicated they feel stigmatized and discriminated against by society and the
social agencies (ibid.). There is a need for help with sexually transmitted
diseases tests and psychological support, delivered to the individual depending
on their needs (ibid.). Commonly, former prostitutes indicate that they have
felt ashamed from being sexually exploited as children who have driven them
to use sex as self-harm (ibid.). Therefore, aftercare for children and youth who
have suffered from these circumstances must be reconstructed and delivered
more effectively (ibid.). On the contrary, Holmström (2015:10), on behalf of
the Swedish Association for Sexual Education, conducted an evolution that
challenges the view that that criminalizing the purchase of sexual services can
lead to a normative change where men are discouraged from buying sex. One
can see that it has led to a shift in how prostitution is performed in Sweden.
Prostitutes must work under the radar to protect themselves from being
detected and their customers to be exposed (ibid.:95). Limiting the
collaboration between prostitutes who sometimes create a network to help
protect each other through sharing information (ibid.). The consequence of
criminalizing prostitution is an increase of violence where the customer has an
advantage as filing a report would mean exposing oneself as a prostitute and,
therefore, risk stigmatization by society and losing future customers (ibid.:22-
27). However, this seems to be the approach mostly found among the poorest
individuals; prostitutes who do not financially struggle claim they feel
protected by the law (ibid.:27). They can report their customers without risking

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prosecution themselves (ibid.). Therefore, it may threaten the predator if
needed (ibid.). Lastly, the national police indicate that there is still a broad
interest among Swedish men to purchase sex; the highest annual number to
date is 456 individuals who in 2020 were arrested by the police (Andrén 2021).
On the contrary, there has also been an increase in resources and investigations
of the sex trade (ibid.). Thus, this may be a positive outcome of more buyers
getting arrested due to more effort.

4.4 Prostitution policy in the Netherlands

In October 2000, the Netherlands became the first country to lift all restrictions
on prostitution concerning adults; this follows the sexual liberal’s approach
(Cahier 2015-1a). However, even if prostitution was never criminalized,
brothels and pimping used to be illegal (ibid.). The change of Dutch
prostitution policy meant recognizing sex work as a legal profession (ibid.).
However, the parliament introduced harder penalization of undesired forms of
prostitution in the Dutch Criminal Code, condemning all forms of exploitation,
such as when involving minors and trafficking (ibid.). The new policy resulted
from a pragmatic view on prostitution in the Netherlands, motivated by
prostitution being inevitable (Daalder 2007). Therefore, creating a safe
environment for sex workers as possible is of the state’s interest (ibid.).
Reports conducted in the early 1990s indicated that brothels were illegal,
however, tolerated (de Graaf Stichting 2000). In 1999, 30% of the
municipalities recognized that brothels exist within their region, and of
approximate 25 000 prostitutes, 50-60% were Dutch nationals (de Graaf
Stichting 2000;Daalder 2007:33).

The implementation of legalized prostitution has six goals:

“1. The control and regulation of the exploitation of voluntary prostitution,

among other things by means of the introduction of a municipal licence policy

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2. The improvement of the combat against the exploitation of coerced
prostitution

3. The protection of minors from sexual abuse

4. The protection of the position of prostitutes

5. To disentangle the ties between prostitution and criminal peripheral

phenomena

6. To reduce the scale of prostitution by illegal foreign nationals (persons not

in possession of the legal residence permit required for employment).”

(Daalder 2007:39).

As stated in the goals, there is a licencing regime. The primary responsibility

has been decentralized to the municipalities, resulting in various prostitution
policies depending on the region (KVK 2021). However, most commonly, to
work as a legal prostitute, a licence is needed in the municipality where you
reside (ibid.). There is a set of rules that decides who is eligible, the main
criteria being that you are over the age of 18 and a national or holding a
residence permit (ibid.). Sex workers are self-employed and need to register
with the Netherlands Chamber of Commerce to pay income tax; as an
entrepreneur, it is also the law to keep business records (ibid.). On the contrary,
taxation was not mandatory until 2011 because prostitutes were argued to be
victims of exploitation, suggesting that taxation would increase this (Sinmaz
2011). Furthermore, depending on the rules in the region, sex workers may
work from home, at their customers, through windows, streets or escorting
(KVK 2021). In general, street prostitution is illegal (ibid.). However, there
are four “streetwalker districts” in the country (ibid.). Window prostitution is
a form of a brothel; the sex workers hire a window from a window operator
and advertises and offers their services there (ibid.). Conversely, it is known
by Dutch authorities that far from all sex workers conduct their work legally,
non-legal prostitution exists in all the locations previously mentioned (Daalder

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2007:28). One has seen that the number of licenced sex workers decreased,
and the number of non-licensed increased in the last few years (Aidsfonds &
PROUD 2018:5). However, the notable increase of illegal activity is within
escorting, the type of prostitution that occurs through making an appointment
by phone or the internet (Daalder 2007:29). After the reform, one could see
the numbers of escorts rise and studies indicate that escorts are seen as the
“bottom layer”, charging the lowest prices (ibid.:30). Furthermore, individuals
who are migrants, struggle financially or wish to remain anonymous are most
likely to stay in the non-legal market (ibid.:67). There are also cases when
legalized brothels disguise illegal activity (Albert 2021:669). Moreover, a
report released in 2007 indicates that 75% of the sex workers are foreign
nationals (TAMPEP 2017).

An evaluation shows that sex workers, on average, live a less healthy life than
other people in the Netherland; they tend to consume a lot of cigarettes,
alcohol, and drugs (Cahier 2015-1a). When asked in a survey, 40% said they
experience distress, sleeping issues and disturbing thoughts because of their
profession (ibid.). On the contrary, it is a consensus that health facilities offer
good support and that sex workers feel safe when seeking care (ibid.).
However, even though prostitution is legal, many argue that there is still a
stigma around the subject. Some fear losing their families, children, homes,
and safety if exposed (Daalder 2007:67). When asked what was most
important to them in a survey, the top answer was anonymity (ibid.). Stigma
has led to many living double lives trying to keep their profession as hidden as
possible, and there have been cases where authorities have offended sex
workers (Aidsfonds & PROUD 2018:4-5). In a report conducted by Aidsfonds
and PROUD, the Dutch union for and by sex workers (2018:4), 308 legal sex
workers across the country were asked to describe their backgrounds, working
conditions and experiences since the law changed. 53% were Dutch nationals
at birth, and the result showed a slightly higher risk of being the victim of

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violence if being a foreigner (ibid.:28). Moreover, they found three reasons for
entering prostitution: making money, flexible working conditions, and
enjoying it (ibid.:4).

Regarding experienced violence in the last 12 months, 60% responded they

were victims of any form of physical violence and 78% sexual violence (ibid.).
These two range from getting forced to do non agreed upon activities, hair
pulling and bruises (ibid.). In addition, 58% had experienced financial-
economical violence as clients refused to pay or stole from them (ibid.).
However, there is also an issue of exclusion since banks and insurance
companies reject prostitutes due to their profession (ibid.). Also related to the
stigma that 97% says is their reality (ibid.:18). It has also shown that there is a
fear of reporting such crimes to the police, one of five said they would file a
report and others indicated that it is not worth it due to losing anonymity and
risking discrimination (ibid.:5). A common critique is that the policies’
measurements are not to create a safe environment for sex workers; it is to
limit sex trafficking, and at times this is found counterproductive (ibid.:12).
Moreover, for the working conditions to remain safe, labour inspectors shall
carry out home visits (Daalder 2007:67). However, there is a known lack of
inspections throughout the country (ibid.). To sum up, even though it is
legalized, prostitution remains relatively unregulated in the Netherlands.

4.5 Analysis of the three-pronged approach

The table below aim to visualize the comparison between the implementation
of the three-pronged approach in Sweden and the Netherlands.

Table 3: The three-pronged approach in Sweden & the Netherlands policies

Approach Sweden The Netherlands

Prosecution • 30 days • 3 months
temporary temporary
residency permit residency permit
to help with the to help with the

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 prosecution of prosecution of
their trafficker their trafficker
• The national • National
police are Rapporteur are
responsible for responsible for
providing an up- providing an up-
to-date plan to to-date plan to
combat human combat human
trafficking trafficking
• Specialized • Occupational
human groups most
trafficking likely to work
police groups with potential
actively work to offenders shall
target and be educated to
investigate identify early
trafficking signs of sexual
• Occupational exploitation and
groups most trafficking
likely to work • Specialized
with victims human
shall be trafficking
educated to police and staff
identify signs of • Possibility to
trafficking prosecute
• When convicted without victims
traffickers get 2- testifying
10 years • Non-public
imprisonment hearings for
victims
• When convicted
traffickers get
up to 12 years
imprisonment

Protection • Authorities shall • 3 months

work for temporary
residency permit

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 victims’ best to decide if to
interest testify, with
• 30 days financial needs,
temporary covered
residency permit • Shelters and
to decide if to care for victims
testify, with – a minimum of
financial needs 3 months
covered • Occupational
• Provision of groups most
protected likely to work
housing with victims and
• Occupational offenders shall
groups most be educated to
likely to work identify signs of
with victims trafficking
shall be • Non-public
educated to hearings for
identify signs of victims
trafficking • Support to get
• “Återvändarpro out of sexual
grammet” exploitation,
(Support to get plan the future
out of sexual
exploitation,
plan the future)

Prevention • Occupational • Occupational

groups most groups most
likely to work likely to work
with victims with victims and
shall be offenders shall
educated to be educated to
identify early identify early
signs of sexual signs of sexual
exploitation exploitation and
and trafficking trafficking

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 • Schools shall • National
educate Rapporteur
children monitors the
regarding trafficking flows
sexual and researches
exploitation the subject to
and work to always have an
change the approach valid
gender to date
stereotypes – • Support to get
stopping male out of sexual
supremacy exploitation,
• National plan the future
Rapporteur • Collaborates
provides a with
report with organizations in
feedback each know origin
year countries of
• “Återvändarpro trafficking
grammet” victims
(Support to get
out of sexual
exploitation,
plan the future)

As seen above, both countries follow the three-pronged approach. They have
installed all the three Ps and mentioned the need for partnership and
collaboration between institutions within the state and internationally. The
analysis demonstrates that the Netherlands’ action plan builds on a framework
based on the victim and offender, while Sweden focuses solely on the victim.
Furthermore, it is notable that the Netherlands’ Alien Act is much more
generous in the amount of time given a temporary residency permit for foreign
victims. The work to protect the victim and make prosecution possible without
public hearings and testifying suggests that the Netherlands’ Prosecution p is

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more extensive in several ways than in Sweden. Besides what has already been
mentioned, the two countries have similar instalments for protection. Lastly,
when it comes to prevention in relationship with the partnership, the
Netherlands collaboration with organizations in origin countries stands out.
On the other hand, Sweden tries to target the population and teach children to
reduce future demand. The hypothesis suggested that there is no equal focus
on the three Ps. However, when analyzing the action plan in Sweden, one can
argue that there is a somewhat balance between them all. In the Netherlands,
the prosecution is seen to get the most focus. However, protection and
prevention seem equally established, rejecting the hypothesis.

4.6 Tendencies of Sweden and the Netherlands prostitution policy

Table 4: Tendencies within prostitution in Sweden and the Netherlands

Tendencies within Sweden The Netherlands

prostitution in the
country
Nationality • A majority of • Approx. 75%
foreign nationals, foreign nationals
Eastern from Latin
European, America, Eastern
African, and Europe, and
Thai etc. Central Asia etc.

Background • Financial • Financial

before entering struggles struggles
prostitution • Mental health • Unemployment
• Substance abuse • Looking for a
• Previous victim flexible job
of violence, rape • Enjoyment
& discrimination
Identified issues • Fear of stigma & • Lack of
with the policy discrimination resources, such as
• Increase of safety checks by
violence the authorities

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 • Lack of • Does not consider
provision of the still
health checks significant part of
• Lack of illegal prostitutes
psychological • Stigma and
support discrimination
• Violence

4.7 The relationship between prostitution policy and sex trafficking

When researching both cases, one can identify a shared goal to combat human
trafficking by reforming prostitution policy in the country. Therefore, one can
argue that a relationship between prostitution policy and sex trafficking is
acknowledged and confirmed by both countries. However, there are different
opinions on which approach the state should take to achieve this outcome.
Sweden equals all forms of prostitution as violence and therefore choose to
criminalize all purchases of sexual services. The Netherlands, on the other
hand, accepts the idea that prostitution is violence. However, due to seeing
prostitution as inevitable and tolerated in the Dutch society, they have chosen
to legalize prostitution that is entered ‘voluntarily’. This separation is argued
to create a safer environment for prostitutes and allow the police to target sex
trafficking.

Moreover, criminalized purchasing sexual services in Sweden to reduce the

demand can be seen as successful when analyzing the data of street
prostitution. However, an increase in advertising through the internet has been
detected. It is hard to know whether this is the result of the reform or if it is
due to the growth of digitalization since the 1990s, which has changed the sex
market worldwide, allowing for discreet advertising. Perhaps it is a
combination of both, and criminalizing prostitution may not stop the
phenomena. Instead, it can be argued to change the arena where it takes place
and results in worse conditions for prostitutes. According to the statistics

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found, criminalization has succeeded in reducing the number of Swedish
nationals in prostitution. Conversely, the increase of migrants is worrying.
Moreover, the approach makes criminal networks less likely to establish and
forces them to move constantly, as seen when the Nigerian women from
Norway were detected in Gothenburg after they criminalized prostitution
there. On the contrary, the movement of trafficking victims may reduce the
possibility to detect and striking when the police gain enough evidence. A
limitation in this study is that the Swedish statistics of arrests does not separate
sex trafficking victims from prostitutes.

Furthermore, legalizing prostitution in the Netherlands has increased the

number of prostitutes. One can argue that this is counterproductive as the
analysis of the debate that led to the reform noted that prostitution is violence
and exploitation. It has increased the number of migrants who moves to the
Netherlands to seek employment as prostitutes. However, this has seen to
backfire on many migrants. Research indicates that many of these migrants
end up working in the non-legal or sex trafficking sector after being left with
not much choice as the regulations of legal sex work are quite a constraint. It
creates a loophole for potential pimps and traffickers who may reach out and
it establishes a third ‘sphere’ of prostitutes who may do the work to combat
sex trafficking more complex. Furthermore, it is a fact that legal brothels may
offer services that are non-legal and in disguise for their lawful business. Due
to the lack of resources to provide safe regulations and check-ups even in the
legal sphere, it is hard to say if it is legalizing prostitution or the lack of
resources that brings this study to a conclusion; legalizing prostitution
increases sex trafficking. The legal viewpoint makes purchasing sex not just
tolerated but also acceptable, creating a society where even the criminal side
of sex work are more likely to establish successfully (Albert 2021:664).

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5 Conclusion
The two cases both follow the feminist theories that are suggested to be the
basis of the implementation. There is a consensus that prostitution is violence
and a way men practice supremacy. However, there is disagreement on how
this should be tackled. The Netherlands, as sexual liberals, argue that they need
to act and legalize prostitution to protect prostitutes as prostitution is
inevitable. As the radical feminists, Sweden does not see this as an option,
arguing that legalizing would suggest that the states accept men’s violence
over women. Furthermore, as suggested, the criminalization of purchasing
sexual services in Sweden can be argued to have increased the overall violence
against prostitutes in Sweden. Many fears stigma and exclusion and are afraid
to report abuse to the police even if the law protects them. Conversely, stigma
against sex workers is also found in the Netherlands, where the culture long
has tolerated prostitution and where it is now legal. However, stigma is
impossible to measure, so one cannot answer if it has increased or decreased
since the legalization of prostitution. Nevertheless, some extent of stigma
seems inevitable, and likewise, violence is an issue in both cases. The positive
outcome in the Netherlands is that there is an indication that legal prostitutes
are well taken care of by public health services. However, when researching
the subject, it is important to remember that the prostitutes taking part in many
surveys belong to the legal sector, which can be argued to be a small part of
all prostitutes in the country. That is a significant difference between the
countries. For example, the Dutch did not seem to have as tragic backgrounds
as Swedish prostitutes when asked about their backgrounds. However, if a
survey was conducted on non-legal sex workers in the Netherlands, the answer
may differ as it is known that they often socially and financially struggle.

Furthermore, comparing the two cases, one can identify an issue of resources
and financing. The Netherlands may spend resources on the legalization
regime that otherwise could be put towards investigations leading to more

40(53)
trafficking victims being rescued and criminal networks shut down. On the
contrary, due to the rise of numbers in the arrest of buyers in Sweden in recent
years, one can argue that it results from increased resources put towards the
issue. Therefore, one may say that Sweden did not take full responsibility
when implementing the prostitution reform. Conversely, many legal sex
workers in the Netherlands find the regulations counterproductive and the
resources for their safety poor. One can, as a result, identify resources and
funding as a common shortage in the countries strategies to combat sex
trafficking.

To answer the research question, to what extent does Sweden and the
Netherlands prostitution policy influence human trafficking for sexual
purposes? the analysis presented in this study indicates that Sweden and the
Netherlands prostitution policies mainly influence the way the phenomenon
establishes within the country. Furthermore, it can affect the possibilities for
the police to detect trafficking and therefore carry out arrests. One may argue
that a miss in Dutch prostitution policy is that the result is not a voluntary legal
sphere and sex trafficking. Instead, a third type is established; a grey zone of
non-legal prostitutes. It is limiting the goal of the Dutch policy, combatting
sex trafficking by making it more visual and fostering prosecution. A strength
in Swedish policy is that all sex purchasers are acting against the law. Not
having the grey zone found in the Netherlands or even a legal group of
prostitutes may result in more effective use of resources; arrests are made
without risking that the act was lawful in the end. A significant difference is
an issue identified in the Netherlands of economic migrants moving there
voluntarily to legally work as prostitutes to find that it is more complex than
they thought. These individuals are very vulnerable and may be forced into the
non-legal sphere or trafficked in the Netherlands. This is counterproductive in
the Netherlands work to prevent sex trafficking. Lastly, however, it is

41(53)
important to consider the limitations of this paper; this is an indication found
in the material and data used in this research.

To conclude, one can argue that this study also indicates that there is not just
a change of policies and laws that will combat sex trafficking. Instead, it is a
question of whether states are prepared to direct the resources and funding
needed to deliver the goal. Nonetheless, the need for partnership suggests that
one country cannot combat sex trafficking alone. Collaboration on a global
level is essential, and a consensus that all follows must be delivered.

42(53)
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