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Sex work

Based on the Swiss Constitution (national-level legislation), prostitution is legal in Switzerland. Art. 27 of the Constitution guarantees the freedom of commerce, providing Swiss residents (depending on their residence status, only those with long-term residence permits) with protection from government imposed restrictions on a person’s freedom to engage in economic activity (e.g., on the same terms protecting a person’s freedom of expression etc.).

The fact that prostitution is therefore ‘protected’ under Art. 27 has been confirmed in many rulings of the Federal Court.

The Swiss Federal Penal Code is the legal framework for prostitution. Art. 199 attributes the cantons the right to impose a law or regulation to prevent disturbances in local neighbourhoods. They have the power to decide on the areas, hours etc. where sex work is permitted or prohibited. Towns also have the power to create their own regulations on this matter.

A few cantons also regulate the conditions of conducting a business in the sex industry. Some cities have officially prohibited prostitution in the traditional red light district (Zurich); however the sex business continues with the only difference that there are more police interventions and severe fines are imposed on sex workers.

Art. 195 prohibits the exploitation or encouragement of prostitution for adults and those under the age of 18. It is prohibited to force a person to remain in prostitution, it is illegal to take advantage of a person working as a prostitute, and it is prohibited for another person to determine where and when a sex worker must work. Violation of any of these laws may result in a fine or a prison sentence of up to ten years.

Some local laws or regulations require sex workers to register with the police or department of commerce (as in Ticino).

Today, out of 26 cantons, only three have a law on prostitution and three more are in the process of creating such a law. In general, the motor behind these new legislations are those expressing social concerns regarding issues of improving protection for sexworkers, combating human trafficking, combating forced prostitution and better ways to control the sex industry (taxes).

The current trend is to make it more difficult for ‘freelance independent sex workers’ and to stimulate the creation of new businesses

In areas where independent sex work is permitted, it is legal for Swiss nationals and migrants to do sex work with certain permits. Prostitution is legal for Swiss nationals and for non-nationals with certain permits (C and B); there are also some transborder agreements. Prostitution is only legal if practiced as an independent (freelance) manner. According to civil law, a sex worker should not be employed. As independent workers on the labour market, sex workers must pay taxes and social fees and abide by the same regulations as other self-employed professionals in other fields.

The legal obligation to work as independent (i.e. selfemployed) is not so clear. In some cantons, it is permitted for sex workers to have an employment contract (or at least this is being discussed on a political level); despite this many sex business owners find ways to evade this regulation.  In cases sex workers decide to report forms of exploitation they are protected under law and even have a chance at winning the case.