Paying for sex is a criminal offence in France – prostitutes, among others, have taken the matter to the European Court of Human Rights. The Court does not see this as a violation of fundamental rights, but sees a need for action.
Can a ban on buying sex help to combat human trafficking and sexual exploitation? Countries like Sweden and France have had corresponding regulations in place for years that criminalize the purchase of sexual services – but not the sale. In concrete terms, this means that every customer of a prostitute who is caught in the act receives a large fine.
Prostitute associations and 261 women and men had filed a complaint against the French regulation: the ban on buying sex violated their fundamental rights, they argued. In addition, the situation of prostitutes in France had worsened rather than improved since the law was passed in 2016. The number of those offering their bodies for sale had remained constant. The sex trade, on the other hand, had become more covert and tougher.
Reference to legislative Scope
The plaintiffs ultimately took the case to the European Court of Human Rights (ECHR) in Strasbourg. The court ruled today that the ban on the purchase of sex in France does not violate the European Convention on Human Rights. The court does not see the regulation as a violation of sexual self-determination and therefore of respect for the private life of prostitutes.
There is a controversial debate throughout Europe about how best to combat the negative consequences of prostitution. There are very different opinions on this at the international level – without a clear position having been developed. Which regulation the nation states consider to be the right one is therefore at their discretion. In this respect, the member states have a great deal of legislative leeway. France has certainly not exceeded its discretion with the current ban on the purchase of sex.
ECHR calls for update
The Strasbourg judges praised the French approach as democratic and balanced. The various positions were taken into account when drafting the law. Sex workers were also heard beforehand. The court emphasised that in addition to the ban on buying sex, there are other regulations in France that are explicitly aimed at combating human trafficking and are intended to strengthen the rights of prostitutes.
However, the judges in Strasbourg also stressed that the French legislature must continue to monitor the social, political and societal consequences of the ban on the purchase of sex and, if necessary, change the existing regulations.
Significance of the ruling for Germany
For Ulrich Rommelfanger, a specialist lawyer for administrative law and co-author of the study “Sex Purchase – a legal and legal-ethical study of prostitution”, the decision is groundbreaking. The ruling of the European Court of Human Rights is also fundamentally significant for Germany.
The purchase of sexual services is currently legal in Germany – unlike in countries such as France and Sweden. Since 2017, the Prostitute Protection Act has stipulated that prostitutes must register their activities. Regular health advice is also mandatory. Brothel operators require official permission. Anyone who violates the law must expect sanctions.
In stark contrast to this is the so-called Nordic model, which France has also been pursuing since 2016. The pioneer of this model was Sweden. In Germany, too, the discussion about a ban on the purchase of sex flares up again and again.
