Thursday, December 5, 2013

France Criminalizes Solicitation


On Wednesday, the French Parliament approved legislation that would levy a fine of the equivalent of about $2,000 US dollars on those who “solicit, accept or obtain relations of a sexual nature” from a prostitute in exchange for remuneration.  The fine will increase up to $5,000 for repeat offenders.  They would also be required to attend classes that educate them on the abuses and dangers of sex work.  Currently, prostitution in France is tolerated, but solicitation is illegal.  It is estimated that there are about 20,000 prostitutes in France, and 85% of those are women.  This bill also intends to provide programs for prostitutes to train for and find new jobs.  For prostitutes who want to find a new occupation, a fund would be created that would offer them protection and provide them with a short-term residence permit. 

If this bill becomes a law (which would happen next year), it would put France in the same category as Sweden and Norway, which are two other countries that criminalize solicitation.  However, Europe as a whole is divided on the issue; countries like Germany and the Netherlands are trying to regulate prostitution like a regular occupation. 

This legislation has both pros and cons.  If the government is indeed able to provide help and job training for those seeking to leave the business, it would be beneficial for those individuals.  However, many (including doctors and human rights associations) believe that this is a step backwards and it will actually drive prostitution further underground and make working conditions worse.   Sex workers are already a marginalized population and it is difficult for them to be treated fairly when seeking healthcare.  An editorial signed by several not-for-profit organizations, including Doctors Without Borders, stated that the legislation will result in sex workers being sent away from city health centers, warning that “Under the new law, the prostitutes will be sent away from the city centers, far from health care and prevention centers, they will be more exposed to health risks, to AIDS, H.I.V. and other sexually transmitted infections.” 

This is definitely something to think about.  While it is a step in the right direction that France is making efforts to protect this vulnerable portion of the population, it might not be the best one.  I agree that it might actually make conditions more dangerous.  Also, while I do not encourage prostitution as a career choice, sex workers (to clarify: more of the Julia Roberts in “Pretty Woman” type prostitutes, not those trapped in human trafficking like in “Taken.”) rely on income from clients in order to survive.  Limiting that income can have disastrous consequences.  I know the government intends to help these individuals train for and find new jobs, but I find that incredibly idealistic and it would be easy for people to slip through the cracks because they either are unable to or do not know how to access these helpful services. 

It will be very interesting to see what the consequences of this legislation will be if it ends up being signed into law.

 http://www.nytimes.com/2013/12/05/world/europe/lawmakers-in-france-move-to-discourage-sex-trade.html?ref=europe&_r=0

2 comments:

  1. I agree there are both pros and cons to this. I think this is similar to the drug legalization issue faced in many countries as well. On the one hand as you mentioned you provided women who are currently involved with an alternative mean for money, but the black market for others is going to be a lot worse. It may actually increase the among of sex trafficking too. I think it may be unrealistic to think that things like prostitution, drugs, and violence will ever be completely gone. People will always participate in activities that give them pleasure and until the customers for prostitutions is gone, they will be in demand.

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  2. The criminalization of solicitation simply pushes sex workers further out of reach of health professionals and care. Instead of becoming a recognized group, governments are black-listing them and essentially ignoring the large need for intervention. Sex workers are at increased risk of disease, drug use, and exploitation. By legalizing solicitation, we can increase control and regulation. This regulation can create easier pathways toward safer sex practices, increased education, reduced stigma, and access to health services. It is especially concerning in regards to trafficked sex workers as they now become more difficult to access.

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