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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:
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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:
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.
The post European court rules criminalization of prostitution in France not a violation of the right to private life appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.