Beitrag von Univ.-Prof.ⁱⁿ Mag.ⁱⁿ Dr.ⁱⁿ Elisabeth Greif

How the ECHR Begins Assessing the French Sex Purchase Ban

In 2016, France shifted its approach to regulating sex work, adopting an abolitionist stance. The  Law No. 2016-444, öffnet eine externe URL in einem neuen Fenster aimed “to strengthen the fight against the prostitution system and to support prostituted persons” criminalizes every purchase of sexual relations. The law follows the so called “Swedish Modell” which explicitly criminalizes the clients. However, since its inception, sex workers and advocacy organizations have raised their concerns about its severe detrimental effects on individuals who legally engage in sex work. In M.A. and Others v. France, öffnet eine externe URL in einem neuen Fenster the European Court on Human Rights (ECtHR) declared the application of sex workers, who claimed to be victims of the sex buying ban, admissible. The Court did not rule on the merits at this stage – this will follow in a subsequent judgement. Nevertheless, this admissibility decision marks a milestone as, for the first time, the Court will examine whether a sex purchase ban violates the rights of sex workers as guaranteed in the European Convention on Human Rights. The ruling appears eagerly anticipated due to its legal precedent within Member States that have passed similar legislation.