The tides are turning for sex worker rights in Europe as the European Court of Human Rights embraces a crucial case challenging the criminalization of sex work. Human Rights Watch proudly announces this milestone development, which carries significant implications for the rights and well-being of sex workers across the continent.
On August 31, 2023, a majority of the court deemed a case initiated by 261 sex workers, including migrants, members of the LGBTQ+ community, and women, admissible. This case targeted the 2016 law implemented by the French government that criminalized the purchase of sex. Importantly, the court recognized sex workers as legitimate claimants under Article 34 of the European Convention on Human Rights, paving the way for an in-depth examination and judgment on the merits of the case. This historic decision coincided with a proposal in the European Parliament, tabled for a plenary vote, seeking to criminalize the purchase of sex in all European Union (EU) member states.
Erin Kilbride, a dedicated researcher specializing in women's and LGBTQ+ rights at Human Rights Watch, emphasized the critical importance of this development. She noted, "Credible research consistently shows that criminalization increases physical attacks, sexual violence, and police abuse of people who sell sex. The court’s recognition of sex workers as legitimate claimants is an important step toward protecting their rights, while the European Parliament’s proposal calls for laws proven to put women and other marginalized groups in danger."
The final draft of the Parliament's report titled "Regulation of Prostitution in the EU: Cross-Border Implications and Impact on Gender Equality and Women’s Rights, 2022/2139(INI)" had received approval from the Committee on Women's Rights and Gender Equality in June. It was subsequently sent to parliament for a vote scheduled for August 30.
The report strongly advocates for punitive measures against clients, advocating for the criminalization of solicitation, acceptance, or obtaining of sexual services in exchange for remuneration across all EU countries. The potential human rights ramifications of EU-wide criminalization are alarming, particularly for women, LGBTQ+ individuals, migrants, and other marginalized groups.
Numerous United Nations agencies, including the Joint United Nations Programme on HIV/AIDS (UNAIDS), the World Health Organization (WHO), the UN Population Fund (UNFPA), and the UN Development Program (UNDP), have expressed opposition to criminalization. Civil society organizations, such as Human Rights Watch, Amnesty International, and the International Planned Parenthood Foundation, have likewise voiced their concerns.
The Lancet, a reputable health journal, urged members of the European Parliament to reject the report in June, branding it as "misguided." Instead, The Lancet called upon the EU to align with the perspectives of sex worker civil society organizations like the European Sex Workers' Rights Alliance.
Extensive research conducted across Europe consistently underscores the pitfalls of the Nordic Model, which criminalizes the purchase of sex. This model drives sex work further underground, increases violence from both law enforcement and clients, penalizes sex workers seeking safety in collaboration, and creates formidable barriers to accessing essential rights such as health, housing, and justice.
Research conducted by Médecins du Monde revealed that the introduction of the Nordic Model in France in 2016 instilled fear of arrest among clients. This pushed street sex workers into secluded and perilous areas, resulting in a distressing surge in violent incidents, including the murders of 10 sex workers in France within a six-month period in 2019.
The coalition of 261 sex workers and their allies, having experienced violence and discrimination due to this law, exhausted all domestic legal avenues in France before taking their case to the European Court of Human Rights in December 2019. The court's decision to deem their case admissible is particularly noteworthy as it typically rejects approximately 90 percent of all applications it receives, according to its own data.
Research commissioned by the Northern Ireland Department of Justice found "no evidence" that criminalizing the purchase of sex in Northern Ireland in 2015 reduced the demand for sexual services. Moreover, after the first two years following Ireland's adoption of the Nordic Model in 2017, UglyMugs.ie, a sex worker organization, reported a staggering 92 percent increase in incidents of violent crimes against sex workers. A report funded by the Irish Department of Justice indicated that criminalization "drastically marginalized" an already vulnerable population, with 20 percent of sex workers interviewed reporting sexual exploitation by law enforcement.
A 2021 report by Front Line Defenders, an international foundation dedicated to protecting human rights defenders, revealed that anti-prostitution laws also jeopardize the work of human rights advocates involved in life-saving anti-trafficking efforts. Such laws create a climate of fear and potential illegality, hindering activists from organizing online, conducting outreach on health and human rights within brothels, and reaching out to victims, all out of fear of arrest on charges such as pimping, brothel-keeping, trafficking, or prostitution.
Furthermore, these anti-prostitution laws encourage establishment owners to deny the existence of sex work within their premises. This denial restricts access for service providers and pushes crucial health and human rights resources even further out of reach for both sex workers and human trafficking victims.
In light of this compelling body of evidence and the significant strides towards justice achieved in the European Court of Human Rights, the European Parliament's report raises alarms by advocating for legislation that history has shown to increase violence and abuse. As Erin Kilbride aptly stated, "The European Court of Human Rights decision to admit the sex workers’ case against criminalization comes at a critical moment in Europe. Members of the European Parliament will soon have the opportunity to vote against the report, and prominently declare their support for rights-respecting, data-driven policy in the EU."
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