Sex law ‘stops us doing our jobs’

The Conseil Constitutionnel – France’s top administrative court – upheld a 2016 law, saying it wished to “safeguard human dignity... public safety and the prevention of crime”.

Sex workers’ union Strass, one of nine groups that questioned the law’s constitutionality, said the court put “politics and moralising” above the freedom of prostitutes to do their jobs.

Anyone using the services of prostitutes can be fined €1,500, and €3,750 for a repeat offence.

The law had been questioned by the groups on grounds of freedom to create a business.

Judges were divided on whether sex work was sexual slavery or a career choice, but ruled that penalisation helped fight exploitation and crime.

They said most prostitutes were “victims of procurement and trafficking; crimes that are made possible by the demand for sexual services”.

Part of the aim of the 2016 law was to “turn on its head” the previous situation where prostitutes could be penalised, but not their clients.

However, a drop in clients as a result of the law had meant sex workers were forced to lower their prices, a study by research body CERI found last year.

Strass spokesman Thierry Schaffauser said: “They want to protect us against dan­gerous activities but ignore the fact that what is dangerous is being forced to work undercover from the police, in isolated areas and alone.

“The law fines clients but, in reality, it’s us who are penalised.

“There is a huge contradiction. On one hand, sex workers must declare earnings and pay taxes. Our income is recognised by the fiscal and legal system.

“On the other hand, we are prevented from engaging in such ‘dangerous’ work. The court did not take note of this.”

The groups now plan to go to the European Court of Justice or European Court of Human Rights.

He added: “We hope to receive a better judgment as penalisation of clients is not a common law in Europe. We hope a different logic will prevail.”