GENEVA, Switzerland—The European Court of Human Rights has upheld a 2016 measure passed in France that criminalizes sex buyers with fines of up to €1,500 (USD $1,627.98). A lawsuit was filed indicating that such a criminal law infringes on the European Convention on Human Rights. However, the European Union's top human rights court found that the law does not do so.
The judges on the court note they were "aware of the undeniable difficulties and risks to which prostituted people are exposed while exercising their activity." In addition, the judges said, "there is no consensus on the question of whether the negative effects described by the claimants are directly caused by the ... [criminalization] of buying sexual acts, or their sale."
Reportedly, the law is rarely enforced and was hailed by campaigners for the law as a step forward to eliminating prostitution. Sex workers' rights organizations and other NGOs call the French law a so-called "Nordic model" measure that criminalizes sex buyers. Academic and legal evidence has shown that Nordic model laws increase harm against sex workers.
Tlaleng Mofokeng, a physician from South Africa and the current United Nations Special Rapporteur on the right to health, criticized the court's decision upholding the French law.
"[Criminalization] of sex workers is a form of systemic violence enabled and perpetrated by states, with impunity, and contributes to the high levels of stigma, discrimination, violence, degradation, and negative health outcomes," Mofokeng argues in an amicus brief filed with the European Court of Human Rights on behalf of sex workers. "The Special Rapporteur supports the right of sex workers to have the enjoyment of the highest attainable standard of physical and mental health, and that can only be achieved through decriminalization."
Mofokeng further argued that the court "is in contradiction with international law." She argued that the best way to respect sex workers' rights is by entirely decriminalizing sex work.
Global human rights non-governmental organizations (NGOs) also criticized the ruling. Amnesty International's women's rights researcher, Anna Błuś, called the decision a "missed opportunity."
Błuś explained, "This ruling fails to recognize that criminalizing sex work increases discrimination and stigmatization and jeopardizes the safety of sex workers."
“Criminalizing the purchase of sex forces sex workers to take more risks whilst penalizing brothel keeping prevents sex workers from working together to ensure their own safety," said Błuś. "Criminalization also jeopardizes their human rights as it creates obstacles for sex workers in accessing housing, healthcare and other critical services, and can lead to abuse, violence, harassment and extortion.”
