Sexköpslagen upp i Europadomstolen

In a judgment of 7 June 2019, the Conseil d’État dismissed the application. Referring to the
Constitutional Council’s decision of 1 February 2019, it rejected the argument concerning the alleged
unconstitutionality of Articles 225 12-1 and 611-1 of the Criminal Code. It then dismissed the
argument based on Article 8 of the Convention, with the following reasoning:

“ … where it is imposed, prostitution is incompatible with human rights and dignity. The decision to
outlaw demand for paid sexual relations, through the creation of the criminal offence introduced by
the impugned provisions of the Law of 13 April 2016, is based on the finding … that, in the vast
majority of cases, persons who engage in prostitution are victims of procuring and human trafficking,
which are made possible by the existence of this demand. In those circumstances, although the
impugned provisions are capable of including sexual acts presented as having taken place freely
between consenting adults in a private location, they cannot, having regard to the general-interest
aims that they pursue, be regarded as amounting to excessive interference with the right to respect
for private life, protected by Article 8 of the Convention ...”

Egentligen borde alla sexköpare som dömts för betalsex med samtyckande och vuxna kvinnor också få sitt fall prövat i Europadomstolen, men det kommer aldrig att hända. Sexköpslagen är ett allvarligt brott mot den mänskliga rättigheten rätt till privatliv.

the ECtHR recognized that the sex buying ban negatively impacts sex workers, as it increases the risks, they are exposed to due to “the clandestinity and isolation induced by this criminalization” (para 28). Although the law in question does not regulate the conduct of the applicants themselves, the Court ruled that the applicants were entitled to claim to be “victims” within the meaning of Article 34, as they are directly exposed to the effects of the sex purchase ban while exercising their rights enshrined in the ECHR. Therefore, the majority of judges declared the application admissible.

https://verfassungsblog.de/sex-workers-in-strassburg/

Legal challenge in France at the European Court of Human Rights

A 2019 analysis by Le Bail, Giametta, and Rassouw of France's adoption of the Nordic model approach to prostitution found that "42 per cent of prostitutes were more exposed to violence and 38 per cent have found it increasingly difficult to make sure men use condoms."[73] In response to this study Nordic Model Now, a British not-for-profit company describing itself as feminist, published a criticism of its methodology and conclusions.[74]

Meanwhile in 2019, a total of 261 migrant, queer, and women sex workers in France took the French government to the European Court of Human Rights (ECtHR), saying that their fundamental human rights had been violated due to the adoption and enforcement of the new 2016 law, which Médecins du Monde stated had forced them to work in secluded, dangerous locations after the law criminalised their clients.[75] As a result, more than ten sex workers in France had reportedly been murdered within half a year, some of them allegedly due to police brutality targeting the sex workers.[75] According to the applicants, the French law was thus breaching their rights under Articles 2 (right to life), 3 (prohibition of inhuman or degrading treatment) and 8 (right to respect to private life) of the European Convention on Human Rights.[76] On 31 August 2023, the ECtHR declared the complaint of the 261 sex workers against France's Nordic model law admissible for a hearing.[75] Although the Court did not yet rule on the merits of their complaint, the admissability meant that the Court found that the applicants were entitled to claim to be victims under Article 34 of the Convention.[76]

https://en.wikipedia.org/wiki/Nordic...o_prostitution