Special Rapporteur welcomes European Court decision validating conventionality of French law of 13 April 2016 criminalising purchase of sexual acts

GENEVA – The Special Rapporteur on violence against women and girls, Reem Alsalem, welcomed the landmark judgment of the European Court of Human Rights validating the French law that criminalises the purchase of sexual acts and provides support to survivors of prostitution.

The Court ruled on a case concerning Law No. 2016-444 titled M. A. et autres c. France, in which applicants claimed that the law contravenes articles 2, 3, and 8 of the European Convention on Human Rights on the right to life, prohibition of inhuman and degrading treatment and the right to privacy. The Court only examined the application under article 8, and rejected the allegations in a unanimous ruling, clarifying that there was no violation of the article in question.

“The Court’s ruling is in line with that of the French Constitutional Council, which validated the constitutionality of the law. It is also consistent with the recommendations made in my statement, quoted in the judgment,” Alsalem said. “I particularly welcome the Court’s observation of the combined positive effect of decriminalising prostituted persons and criminalising the purchase of sexual acts, which helps reverse the balance of power by positioning prostituted persons as victims and enabling them to denounce buyers of sexual acts in the event of violence.”

Alsalem said the ruling had also taken note of the positive impact of the law on protecting prostituted persons, specifically because the criminalisation of buying of sexual acts was adopted as part of a comprehensive approach that aims to repeal any legal provision which might encourage prostitution without prohibiting it; introduce measures to protect prostituted people; take steps to prevent individuals from becoming prostitutes; and support the rehabilitation of prostituted people who wished to exit prostitution.

“The Court’s ruling is a major victory for women and girls in prostitution, who expressed concern about the form of impunity for their exploiters being enshrined,” she said. “It is also a victory for feminist and grassroots associations that assist victims, witness the violence, and have expressed their strong support for the French law.”

The expert said the ruling “sends a strong signal” to the Member States of the Council of Europe and confirms the consistency of the abolitionist approach with international human rights law, particularly the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and the Convention on the Elimination of All Forms of Discrimination Against Women.

“It is part of a collective awakening to the violence and discrimination inherent in the prostitution system brought about by paradigm shifts in favour of the abolitionist model within various countries; the adoption of the European Parliament resolution and the presentation of my report – the first report on prostitution to be discussed at the human rights council. It describes prostitution as a system of exploitation and violence against women and girls and called for the adoption of the abolitionist model.