Did you know? Sex Work and Mandatory Testing in Austria

Sex work is legalized and therefore regulated in Austria, but what does that mean for sex workers there? Among many regulations, a registered sex worker’s Sexually Transmitted Infection and HIV status is monitored by the Federal government. Since 1873, health certificates have been mandatory for any registered sex worker. The Austrian Criminal Code addresses the various health requirements, and most other aspects of sex work are regulated by each individual province and municipality.

The Venereal Diseases Act (or Geschlechtskrankheitengesetz) states that all persons experiencing a sexually transmittable disease (or STI) must seek treatment. Sex workers must undergo examination to prove they are clear of any STIs before they begin working, and on a weekly basis throughout their employment in the sex trade. If the worker is clear of STIs, then an identity card is issued with a certifying stamp. This is done through the District Administration Office. However, if the worker is diagnosed with an STI, then the ID card is revoked. A worker must present their ID card to any police officer or authority upon request or face a fine (Hagenauer, 2009, p. 6).

The AIDS Act (or AIDS- Gesetz) prohibits sex workers from engaging in any commercial sexual exchange if they are diagnosed as HIV positive or the HIV test did not show a clearly negative result. Every registered worker must undergo a specific HIV test before working, and subsequently every three months thereafter (Hoebert & Kartusch, 2007, p. 20). If a sex worker is found to be providing commercial sexual services while living with HIV, or if that worker refuses testing to be completed, they are liable to a fine of 7260 Euro. If they are found to have committed this offence more than twice in a three-year period, they are liable to up to six months imprisonment and additional 7260 Euro fine (Hagenauer, 2009, p. 7).

However, it is not necessarily the selling of sexual services that determines the level of risk of HIV infection, but the ability of individuals to implement boundaries and safer sex practices. We encourage all sexually active individuals, whether employed in sex work or not, to practice safer sex and incorporate regular STI and HIV testing.

References

Hagenauer, N. (2009). Prostitution in Austria and New Zealand: Comparison and Important Facts. Retrieved on July 20, 2010 http://www.ecpat.org.nz/ProstitutioninAustriaandNewZealandNinaApril09Final.pdf.pdf

Hoebart, C. & Kartusch, A. (2007). Women at Work – Sex Work in Austria. Retrieved on July 22, 2010 http://v000702.vhost-vweb-02.sil.at/wp-content/uploads/2008/07/tca-kyrene-austria-report.pdf