European court ruling on French prostitution laws 'a real victory for victims', Irish advocate says

'A lobby in support of the sex trade and its profiteers brought this challenge to the French law all the way to the ECHR, but ultimately it has failed. This represents a real victory for victims and survivors of prostitution and sex trafficking.'

A decision by the European Court of Human Rights (ECHR) to strike down a challenge to French prostitution legislation similar to Irish law has been hailed a “real victory for victims and survivors of prostitution and sex trafficking” by an Irish sexual exploitation researcher.

The European Court of Human Rights ruled against a challenge to the French law, which outlaws the purchase of sexual access to the body of another person. 

Director the UCD-based Sexual Exploitation Research Programme Ruth Breslin said the decision was “an important endorsement of the ‘equality model’ of legislation, which is the only model that has been shown to be effective in reducing the horrendous exploitation and gross human rights violations perpetrated in the sex trade”.

France introduced this legislative model in 2016, followed by Ireland in 2017, she said.

“A lobby in support of the sex trade and its profiteers brought this challenge to the French law all the way to the ECHR, but ultimately it has failed. This represents a real victory for victims and survivors of prostitution and sex trafficking around the globe, whose lives have been scarred by sexual exploitation.” 

The ECHR decision comes as work is under way in the Department of Justice to complete a review of Ireland’s sex trade laws.

The ECHR decision comes as work is under way in the Department of Justice to complete a review of Ireland’s sex trade laws.

At present, under the Sexual Offences Act 2017, those who offer their services as a sex worker are no longer committing an offence.

Part 4 of the legislation introduced two new offences — the payment for sexual activity with a prostitute, and paying for sexual activity with a trafficked person.

Under the legislation, a provision was also included for a review of the measures after three years. The terms of reference were published in July 2020.

The review is to include an assessment of the impact of the act on the welfare of those who engage in sexual activity for payment.

Earlier this year, it emerged through a reply from Justice Minister Helen McEntee to a parliamentary question put down by Independent TD Catherine Connolly that the department plans to finalise the review internally. 

This was despite advertising last autumn for a replacement for the lead researcher on the project, Maura Butler, who stood down last summer.

The Department of Justice subsequently confirmed to the Irish Examiner that the review was being finalised by the department’s data and research unit, with a plan to have it completed by the third quarter of this year.