European Court of Human Rights confirms punishment of French client

The European Court of Human Rights ruled Thursday that the state can punish the purchase of sexual relations, validating a 2016 French law on prostitution.

“The decision of the European Court of Human Rights confirms France’s abolitionist stance. Women’s bodies are not for sale. Desire cannot be bought”welcomed the resignation of Aurore Bergé, Minister in charge of gender equality.

“Victims of prostitution will always be protected”In a response to AFP, she stressed that anyone who incites prostitution or profits from it “You’ll always be sued”.

it is “Strong signal that the European Court of Human Rights strengthens French law”Lenaïg Le Fouillé, secretary general of the Abolitionist Movement, was also delighted.

“Abolitionist countries such as Sweden and Ireland are interested in this decision of the European Court of Human Rights”she emphasized.

Now, “We expect major national events to change the way society views patrons, as is currently the case during the Olympics, with posters in the city reminding people of the laws that penalise patrons and prohibit the purchase of sex”.

Sarah-Marie Maffesoli, sex worker representative at the French organization Doctors of the World, expressed her disappointment.

“We are disappointed that the court recognized that punishing clients would have a negative impact on their sex workers (…) but refused to condemn France”she reacted.

Secrecy

The European Court of Human Rights was contacted by 261 male and female prostitutes of various nationalities working in legal prostitution in France, denouncing the impact of the law of 13 April 2016 on their living and working conditions.

The provision abolished the crime of soliciting and replaced it with penalties for customers, which are now punishable by a fine of €1,500 (€3,750 in the case of a repeat offense), although in practice they are rarely prosecuted.

The law was hailed by abolitionist societies as a major step forward.

But the applicants, backed by about two dozen associations, stress that it has driven prostitutes underground, leaving them more vulnerable to attacks and sexually transmitted infections.

“With fewer customers, I have fewer choices. Since this law came into place, I find myself accepting practices (and prices) that I might have previously rejected.”therefore testifying under the condition of anonymity, AM, stressed that his “Putting on a condom is difficult or even impossible”.

“I can sort and select clients before this law. Since it has become rare, I have been taking risks”also anonymously reported by ST, is quoted in the verdict. “Some colleagues have been attacked and robbed, which has never happened before”.

Unstable

The applicants had filed an application with the Strasbourg Court in 2019. They stressed that the 2016 law violated the right to respect for private life protected by Article 8 of the International Covenant on Human Rights, which includes the right to personal autonomy and sexual freedom.

The European Court of Human Rights stressed in its judgment that “Fully aware of the undeniable difficulties and risks faced by prostitutes in carrying out their activities”including risks to their health and safety.

However, it states that these “phenomena had already existed and been observed before the 2016 law was passed”* “In the past, the introduction of soliciting into French law had the same negative impact”.

“There is no consensus on whether the negative impacts described by the applicants are directly caused by measures constituting criminalisation of the purchase or sale of sexual acts, or are inherent and intrinsic to the phenomenon of prostitution itself. They will be the result of a whole range of social factors and behavioural practices.meaning court.

considering “French authorities have struck a fair balance between competing interests” And no “Not exceeding (their) appreciation”the European Court of Human Rights ruled that there had been no violation of Article 8.

However, it invites national authorities to ‘Constant scrutiny’ Their approach “So that we can get into detail” It depends on the development of society.