Prostitution: the criminalization of sex buyers is in compliance with the Constitution

Published on Friday, 01 February 2019 12:14

The Scelles Foundation is pleased about the decision of the Constitutional Council, which validates the constitutionality of the provision that criminalizes sex buyers, provided by the April 13^th, 2016 law reinforcing the fight against the prostitutional system and assisting prostituted persons. This is a major victory for the respect for and protection of human dignity, and for the non-commodification of the human body in France.

Struck by a decision by the Council of State on November 13^th, 2018 regarding a priority issue of constitutionality (QPC 2018-761) on the constitutionality of the criminalization of sex buyers of prostitution, the Constitutional Council came around to the abolitionist arguments for the defense of human rights.

Indeed, the preservation of the prohibition of paying for services from prostitution and the confirmation that prostitution is a form of exploitation and violence, as well as an infringement on dignity and human rights, constitutes a victory:

-       Of the re-affirmed choice of a society of equality between women and men,

-       Of the stated objective of stopping human trafficking and to make it known to criminal groupsand procurers that they will not be tolerated in France,

-       Of the obligation to conform to international treaties signed by France,

-       Of the refusal to institutionalize the right to that exploit the insecurity and vulnerability of prostituted persons

-       Of the recognition of the victim status of prostituted persons, and to assist them in their routes out of prostitution.

-       Of the willingness to change mentalities and to protect young people, who are the primary victims of prostitution.

Yes, to penalize demand is to fight against the violence it engenders and to punish the sex buyers who fuel it.

Yes, to penalize demand is to protect the victims of the prostitutional system.

No, there are no “good sex buyers,” only those who wish to force undesired sexual relations by using money, dependency, or force.

No, there is not a “good” and “bad” prostitution: there are only victims.

The path remains long in order for this law of the 13^th of April 2016 to be fully implemented. The first results are encouraging. The reversal of values that led to penalizing sex buyers and decriminalizing the victims of exploitation is confirmed by public opinion: 78% of French people do not wish to return to the old system[1]. By this decision, the Constitutional Council affirms that the law can be applied fully and completely throughout the country. Their decision saves lives; this matter is urgent. The Scelles Foundation will be paying close attention to its achievement.

[1] IPSOS-CAP International survey, January 2019