In a controversial ruling, the Strasbourg court yesterday issued its judgment in a case brought by 261 men and women of various nationalities who legally engage in sex work in France. These individuals argued that the 2016 legislation banning the purchase of sexual services has severely harmed their physical and mental well-being and infringed on their rights to personal autonomy and sexual freedom.
They contended that this law endangered their health and safety and violated their right to a private life, which includes personal autonomy and sexual freedom. The application was based on Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment), and 8 (right to respect for private life), but the court chose to consider all complaints under Article 8.
In its judgment, available only in French, the court unanimously ruled that there had been no violation of Article 8. The court acknowledged the sensitive moral and ethical issues surrounding sex work, which provoke diverse and often conflicting views. It highlighted the lack of a consensus among the member states of the Council of Europe and international organizations on the best approach to sex work.
The court noted the ongoing heated debate over the criminalization of the purchase of sexual services as a means to combat human trafficking, with wide differences of opinion and no clear resolution in sight. Consequently, the French authorities were granted a broad margin of appreciation in legislating on sex work, with the obligation to continuously review their approach.
Amnesty International, which provided a third-party intervention based on its research from Ireland and other jurisdictions, expressed disappointment with the court's decision.
“Our research has highlighted that laws supposedly intended to protect sex workers are in fact putting them at higher risk of abuse and violence, including rape and physical attacks,” stated Anna Błuś, Amnesty’s women’s rights researcher.
“Today’s judgment is a blow to the courageous sex workers who brought this case. We continue to stand alongside sex workers as they demand protection for their human rights and seek justice for rights violations perpetrated against their community. It is crucial to improve the protection of their human rights going forward.”
This ruling fails to acknowledge the real and present dangers that sex workers face under such prohibitive laws. Instead of safeguarding these individuals, the legislation exposes them to greater risks, undermining their safety and fundamental rights. It is imperative that laws evolve to genuinely protect sex workers, respecting their autonomy and ensuring their well-being.