The European Court of Human Rights recently held that the French criminal ban on purchasing sex does not violate the European Convention on Human Rights (the ‘Convention’). The case was brought by 261 individuals of a variety of nationalities who claimed to be negatively affected by Law No.2016/144, which criminalises the buying of sex, regardless of whether they are consenting adults.
The applicants founded their case upon Article 2, the right to life, Article 3, the prohibition of inhuman or degrading treatment and Article 8, the right to respect for private life. In putting forward their arguments, the applicants claimed that the law endangered the health and integrity of those engaging in prostitution, and significantly breached their right to respect for private life with regards to autonomy and sexual freedom.
The court solely looked at the complaints under Article 8 and emphasised the complex and conflicting nature of the moral and ethical viewpoints around the issue of sex work. Particularly, the court noted that there is no generally accepted stance among Member States or international organisations on the most suitable way to approach sex work. Further, the court acknowledged the controversial debate surrounding the total criminalisation of sex work as a means of targeting human trafficking crimes.
An amicus curiae brief was submitted to the court by Tlaleng Mofokeng, the Special Rapporteur on the Right to Health, who said that,
“Sex work should not be conflated with trafficking in persons for the purpose of sexual exploitation”, pointing out that “assuming that all sex workers are trafficked denies the autonomy and agency of people who sell sex.”
Due to the variety of views and approaches, the court ruled that the French authorities enjoy a wide margin of appreciation when creating sex work legislation. However, they do have a duty to constantly review their approach. Thus, the court held that the French ban is not in violation of the Convention.
Disappointment over the decision was conveyed by Amnesty International, who shared their research during the case, which pointed to the findings that criminalisation can put sex workers “at a higher risk of abuse and violence, including rape and physical attacks,” as stated by Anna Błuś, a Women’s Rights Researcher at Amnesty.
To read the press release, click here.