The European Court of Human Rights (ECtHR) on Thursday ruled that France’s criminalization of the sale and purchase of sexual acts/prostitution does not constitute a violation of Article 8 of the European Convention on Human Rights (ECHR).
The case M.A. and Others v France was ruled unanimously. A total of 261 applicants complained against Law no. 2016-444 of 13 April 2016 which aimed at criminalizing prostitution in France. This law intended to “strengthen the fight against the prostitution system and provide support to prostituted individuals”. Applicants relied on Articles 2, 3, and 8 of the ECHR for their case. These individuals argued criminalizing the purchase of sexual acts affects the physical and mental integrity of individuals who commonly participate in prostitution and violates their right to private life, personal autonomy, and sexual freedom.
The Court judged the applicant’s complaint based principally on Article 8 ECHR. This article refers to the right to respect everyone’s private and family life. In the official document, interference with this right is unacceptable except when such is done “in accordance with the law and as is necessary for a democratic society in the interests of national security, public safety or the economic well-being”. In this sense, the French Government submitted that the aim of Law no. 2016-444 was “combatting prostitution rings and human-trafficking networks”, which the Court considered a legitimate aim within the meaning of Article 8 ECHR.
During the judgment, the ECtHR also referred to the moral and ethical “sensitivity” of the problems linked with prostitution. It specified the lack of consensus among the European and international community on how to address prostitution correctly. Reem Alsalem, UN Special Rapporteur on violence against women and girls, in 2023 commented on French Law no. 2016-444. The Special Rapporteur argued in favor of the comprehensive approach taken by the law, stating:
Far from ensuring access to the rights guaranteed by articles 2, 3 and 8 of the ECHR, the potential repeal of the criminalization of the purchase of sexual acts would further expose the most discriminated women and girls, who are the overwhelming majority in the sex trade, to the control, violence and inhumane and degrading treatment of trafficking networks and sex buyers.
Despite this, the European Court of Human Rights noted that the criminalization of prostitution is still a heated debate with conflicting opinions. The Court held France had not overstepped their discretion and did not violate Article 8 of the Convention. However, it did emphasize the duty of the French Government to constantly review its legislation and amend the law as European and international standards evolve on the matter.
