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PROSTITUTION

What you need to know about France’s new prostitution law

The French parliament is set to finally rubber stamp a raft of measures aimed at cracking down on the “the oldest profession in the world”. Here are the main points.

What you need to know about France’s new prostitution law
Femen and other womens' groups protest in favour of the new law. Photo: AFP

1.       Fining clients

The stand-out measure from the bill and the one that has caused the most controversy is the law that will see clients fined if they are caught paying for sex.

By making the clients rather than the prostitutes the guilty party the reform will “turn the current law on its head,” according to French Socialist MP Maud Olivier, who has been the driving force behind the change.

Under the plan, clients will be fined up to €1,500 and up to €3,750 for repeat offenders.

It brings France into line with Sweden, which has had the same law in place since 1999. Some claim it has helped cut prostitution by half in the Nordic country, whereas critics claim it has simply pushed it out of sight of authorities, which is also the fear among sex workers unions in France.

A period of grace will also be introduced so clients will not immediately be fined, but they will be expected to take heed of the new law.

The measure has not only been criticised by prostitutes, who fear they will become victim to yet more “violence, stigmatization and poverty” but also by police, charities and rights groups, who doubt it will have the desired impact in reducing prostitution.

2.          Awareness classes

One of the new measures that has caught the eye is that those people caught paying for sex, will not just face steep fines, but will also be forced to attend classes highlighting the harms of prostitution and how sex workers are often victims of trafficking and forced into working on the streets.

The aim is to make the clients more aware in the hope it dissuades them from paying for sex.

3.       Repeal of the ban on passive soliciting

The second measure in the bill that aims at “shifting the balance of power” is the repeal of the law that made passive soliciting illegal.

This law had been brought in back in 2003 under ex-President Nicolas Sarkozy which saw prostitutes being fined if guilty of soliciting for sex. This had the impact of pushing prostitutes into out of town areas and forced them to dress a little more discreetly to avoid detection.

Repealing this law is aimed at reinforcing the notion that sex workers are victims and not criminals. It also allows prostitutes to act as witnesses in certain crimes without fear of being charged with an offense.

This measure has been largely welcomed by all sides.

4.      Help offered

The new bill will make it a right for all victims of prostitution to be able to benefit from protection and assistance.

A programme will be set up to help prostitutes get out of the profession and €4.8 million will put set aside by the state to help prevent prostitution and offer social and professional support for sex workers.

The move, although welcomed, has also been criticised by sex worker unions who believe €4.8million will be stretched too far and in the end mean the country’s 40,000 prostitutes will not receive any effective life changing aid.

5.       Residence permits for foreigners

France want to tackle the issue of the number of foreign prostitutes (Up to 80 percent of the 40,000 estimated sex workers) working in the country – most of whom are either from eastern Europe or Africa.

In a bid to help them escape the trade some will offered six month residency permits if they accept to take “the exit programme”.

Strass, the main sex workers union in France has blasted the measure as “blackmail”.

6..       New body created in local authorities

These new bodies that will come under the authority of the council in each of France’s départements will be tasked with coordinating action to help prostitutes and to tackle trafficking. Associations backing the new believe the creation of these new bodies will help create a “territorial mesh” that will help in the application of the new law.

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PROSTITUTION

Spain’s top court reinstates first sex workers’ union

Spanish sex workers have the right to form their own union, the Supreme Court ruled Wednesday, overturning an earlier court decision ordering the dissolution of Spain's first such labour organisation.

Spain's top court reinstates first sex workers' union
Photo: Oscar del Pozo/AFP

Known as OTRAS (or “the Sex Workers’ Organisation”), the union was discretely set up in August 2018 but was closed three months later by order of the National Court following an appeal by the government of Socialist Prime Minister Pedro Sánchez.

But following an appeal, the Supreme Court ruled in favour of OTRAS, saying that its statutes, which had triggered the initial legal challenge, were “in line with the law” and that sex workers “have the fundamental right to freedom of association and the right to form a union”.

In its November 2018 ruling, the National Court had argued that allowing the union to exist amounted to “recognising the act of procurement as lawful”.

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Contacted by AFP, the union did not wish to comment.

When it was founded, OTRAS received the green light from the labour ministry and its statutes were publicly registered in the official gazette the day before the government went into a summer recess.

But three weeks later, the government — which portrays itself as “feminist and in favour of the abolition of prostitution” according to Sanchez’s Twitter feed at the time — started legal moves against it.

In Spain, prostitution is neither legal nor illegal but it is tolerated.

Although it is not recognised as employment, there is a large number of licensed brothels throughout the country.

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