Criminalization of the purchase of the sexual service in France – reflections on the case of M.A. v. France (ECHR)

• In Event: Sex-related crimes and Criminal Law

Abstract

On April 13, 2016, the French Parliament adopted law no. 2016-444, with the purpose to strengthen protection of sex workers by creating a new crime of purchasing sexual services provided by another person. In practice, this solution means that providing sexual services is legally permissible, but purchasing them is not. This controversial solution, referred to as the Nordic Model, is known to some European countries. Sweden was the first to introduce it in 1999.
After two years of this law being in force, several non-governmental organizations and a group of sex workers attempted to challenge the constitutionality of this solution. They claimed that the adopted law was dangerous to their lives and health because it forced them to provide sexual services in the very unsafe conditions, exposing them to negative consequences. Allegedly the law violated art. 2, 3 and 8 of the European Convention.
In 2019, the French Council of the State found the complaint unfounded, which is why the applicants, supported by larger group of sex workers appealed the law to the European Court of Human Rights. On 25 July 2014, the ECHR issued a judgment in which it found the complaint unfounded.
What gives the judgment and the whole case a new dimension is the fact that two senior UN officials expressed opposing positions on the matter. The Special Rapporteur on violence against women welcomed the Court's judgment with satisfaction, because it guaranteed a higher level of protection of the safety of women and girls. Special Rapporteur on the right to health expressed concerns that the France law was dangerous, especially for sex workers as pushing prostitution underground poses a serious threat to effective health protection of people practicing commercial sex.

Author

• Zbigniew Lasocik, University of Warsaw