The European Court of Human Rights declares admissible the applications from individuals legally involved in prostitution claiming to be affected by laws criminalising the purchase of prostitution services

05-09-2023

Sofía Medina Sánchez 

International Justice and Human Rights Researcher 

Global Human Rights Defence 

On the 31st of August, the European Court of Human Rights issued its decision on the case M.A. and others v. France, declaring the applications admissible. Said applications concern the criminalisation under French law of the purchasing of sexual relations. 

The applicants, comprising 261 individuals from diverse national backgrounds, claim lawful engagement in prostitution under French law. They challenge the criminalisation of purchasing sexual services, even among consenting adults, as introduced by Law no. 2016-444 of 13 April 2016, aimed at combatting the prostitution system and supporting those involved. This law is now codified in Articles 611-1 and 225-12-1 of the Criminal Code. The applicants have presented witness statements illustrating the worsening of their situations following the criminalisation of purchasing prostitution services. 

According to the applicants, the potential for legal action against clients forces them into secretive and isolated situations. This exposes them to heightened risks to their physical well-being and lives, infringing upon their freedom to determine their private lives. Consequently, they argue that this situation violates their rights under Articles 2 (rights to life), 3 (prohibition of inhuman or degrading treatment), and 8 (right to respect for private life) of the Convention. 

The Court, without ruling on the merits, deemed the application admissible. It recognised that, as per Article 34 of the Convention, the applicants had the right to assert victim status concerning the alleged violations of their rights under Articles 2, 3, and 8. It remains to be seen what the Court decides on the merits, which could have major implications for sex workers and prostitution services throughout Europe. This judgement reignites the never-ending debate between the legalisation vs criminalisation of prostitution, which touches upon questions of human dignity, right to privacy, freedom, and sexism. 

Sources and further reading: 

Case of M.A and Others v. France (Application no. 63664/19), Decision, Fifth Section, 31st August 2023: https://hudoc.echr.coe.int/#{%22itemid%22:[%22001-226443%22]}

Press Release issued by the Registrar to the Court, ECHR 238 (2023) 31st August 2023 

: https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-7730576-10691887%22]}