UN Expert Criticizes European Court Ruling on French Anti-Prostitution Law

The Special Rapporteur's comments reflect ongoing debates about the intersection of human rights, health, and legal frameworks surrounding sex work.

An independent UN expert has expressed concern over the recent determination by the European Court of Human Rights that a French anti-prostitution law does not violate the right to privacy. Tlaleng Mofokeng, the Special Rapporteur on the Right to Health, criticized the ruling in a statement, emphasizing that "sex work is real work" and highlighting the implications for the rights and health of sex workers.

Key Points from Mofokeng's Amicus Brief:

Human Rights Impact: In her amicus curiae brief submitted to the Court, Mofokeng underscored that the criminalization of sex work presents significant barriers to the right to health for sex workers. She argued that such laws force sex work underground, making it harder for individuals to access necessary health services and increasing their vulnerability to exploitation and abuse.

Rights and Protections: Mofokeng affirmed that states have an obligation to respect, protect, and fulfill the human rights of sex workers. She stressed the importance of rights such as privacy, bodily integrity, liberty, and security, as well as the right to health, safe working conditions, and the ability to earn a living without discrimination.

Distinction from Trafficking: The Special Rapporteur highlighted that sex work should not be conflated with trafficking for sexual exploitation. She argued that assuming all sex workers are trafficked undermines their autonomy and agency.

Concerns About the Court's Decision:

Contradiction with International Law: Mofokeng criticized the European Court's decision as inconsistent with international human rights standards. She argued that decriminalizing sex work is crucial for ensuring the well-being and rights of sex workers.

Health and Safety Needs: According to Mofokeng's Guide, which she developed in collaboration with other UN experts, criminalization discourages sex workers from seeking healthcare due to fear of legal consequences, harassment, and stigma. The Guide emphasizes the need for accessible healthcare services, including HIV prevention, screening for reproductive cancers, trauma counseling, and safe abortion care.

Call for Reform:

Mofokeng urged for a shift in policy to decriminalize sex work, arguing that this approach would better protect the rights of sex workers and ensure their safety and well-being. She emphasized that respecting sex workers' human rights requires addressing discrimination and ensuring access to necessary health services without fear of legal repercussions.

The Special Rapporteur's comments reflect ongoing debates about the intersection of human rights, health, and legal frameworks surrounding sex work.