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French sex workers seek repeal of ban on paying for sex

canada-man

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French sex workers have lodged a constitutional challenge to a 2016 law making it illegal to pay for sex, reopening a debate on whether women should be free to sell their bodies.

On Tuesday, around 30 sex workers backed by nine associations, including a medical NGO, went to the Constitutional Council to argue the law infringed their sexual and commercial freedom and made them more vulnerable to attack.

The law, which punishes people caught paying for sex with fines of up to 1,500 euros ($1,800) for first-time offenders and 3,750 euros for repeat offenders, took years to make its way through parliament after fierce debate.

Inspired by Sweden, it makes it a crime to buy sex but not to sell it, shifting the criminal responsibility to clients.

Hailed by many feminist groups at the time as an advance for women's rights, the law was assailed by sex workers as an infringement of "constitutional rights to personal autonomy and sexual freedom, respect of privacy, freedom of contract and freedom to do business."

The sex workers also argued that by criminalising their clients the law has eroded their earnings, forcing them to take ever greater risks to earn a living.

These include agreeing to engage in unprotected sex or to have sex in isolated environments where they are more vulnerable to attack.

In August a Peruvian transgender sex worker, Vanesa Campos, was killed in the forested Bois de Boulogne park west of Paris. She was shot dead while trying to stop a group of men robbing a client.

"It's the client who dictates his conditions and we have no choice because we have fewer clients than before but still as many bills at the end of the month," one sex worker, who gave her name as Anais, told AFP after Tuesday's hearing.

- 'Schizophrenic situation' -

Many rights groups argue women do not engage in prostitution freely but are forced to do so by hardship or other circumstances.

They accuse clients of exploiting their vulnerability.

Issuing a robust defence Wednesday of the law, France's High Council for Equality Between Men and Women argued prostitution was "the opposite of sexual liberation" and "oppresses all women" by enshrining the notion of male domination.

The council pointed to a poll showing that 78 percent of French supported the ban as proof of widespread support.

"We don't want a society where it is possible to buy someone else's dignity," a lawyer for the abolitionist camp, Cedric Uzan-Sarano, argued before the Constitutional Council.

But a lawyer for the sex workers' camp, Patrice Spinosi, countered that by making it a crime to buy sex but not to sell it the state had created a "schizophrenic" situation and "infantilised prostitutes."

"Who are you to forbid me from doing what I want with my body?" he asked.

The Constitutional Council will publish its decision on whether the law is compatible with France's basic charter on February 1.

https://sg.news.yahoo.com/french-se...x-170652101.html?soc_src=social-sh&soc_trk=tw


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pdated: May 31, 2018


A groundbreaking London case challenging Canada’s controversial prostitution laws won’t be argued until early next year.

And the arguments won’t be heard in London.

Scheduling issues and courtroom space have sent the case to Kitchener on Jan. 29 and 30 for oral submissions from the Crown and the defence.

The case is being heard by Ontario Court Justice Thomas McKay.

Hamad Anwar, 28, and Tiffany Harvey, 26, who ran Fantasy World Escorts, were charged in November 2015 with 26 counts in November 2015, including receiving material benefit from someone else’s sexual services, procurement and advertising.

Their case seems tailor-made to challenge the three-year old prostitution act, Bill C-36, which outlaws buying sex but not selling it and allows for the prosecution of people who advertise sex work and make money off sex workers.

It’s widely expected that Anwar and Harvey’s case won’t end in the Ontario Court, but will work its way to the Supreme Court of Canada if the laws remain in place.

The federal Liberal government is under pressure to re-visit the laws that were passed by the former Conservative government.

https://lfpress.com/news/local-news/challenge-to-prostitution-laws-delayed-moved-to-kitchener
 

rhuarc29

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Apr 15, 2009
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"The council pointed to a poll showing that 78 percent of French supported the ban as proof of widespread support."

Yes, yes, and at one point the majority of public opinion thought we should deny women the vote, or ban the sale of alcohol, etc.
Public opinion has always been based on ideology, and hence flawed. When it comes to laws, we need to be doing what's logically right.
 

canada-man

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Jun 16, 2007
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French sex workers failed Friday in their bid to overturn a law that bans paying for sex, as the country's Constitutional Council ruled that it does not breach the constitution.

A law introduced in 2016 made it illegal to buy sex in France but not to sell it, shifting the criminal responsibility to clients who can be fined if caught.

https://www.france24.com/en/20190201-french-sex-workers-fail-bid-overturn-payment-ban
 

squeezer

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drlove

Ph.D. in Pussyology
Oct 14, 2001
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The doctor is in
French sex workers failed Friday in their bid to overturn a law that bans paying for sex, as the country's Constitutional Council ruled that it does not breach the constitution.

A law introduced in 2016 made it illegal to buy sex in France but not to sell it, shifting the criminal responsibility to clients who can be fined if caught.

https://www.france24.com/en/20190201-french-sex-workers-fail-bid-overturn-payment-ban
That doesn’t bode well for opponents of C-36... Would Canadian courts rule the same way?
 

corrie fan

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Nov 13, 2014
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The French ruling recognises that the law restricts consentual sex transactions between adults but makes the same old argument that the vast majority of those involved in the sex trade are victims of trafficking and pimping. If there is credible research to show this is the case, fair enough, but I don't think there is.
 

drlove

Ph.D. in Pussyology
Oct 14, 2001
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The doctor is in
The French ruling recognises that the law restricts consentual sex transactions between adults but makes the same old argument that the vast majority of those involved in the sex trade are victims of trafficking and pimping. If there is credible research to show this is the case, fair enough, but I don't think there is.
Well, if there’s no credible research to support the court’s position, then how can they make that ruling? I thought the courts were supposed to be impartial, and their decisions based on empirical evidence.
 

omegaphallic

Well-known member
Mar 26, 2010
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The French ruling recognises that the law restricts consentual sex transactions between adults but makes the same old argument that the vast majority of those involved in the sex trade are victims of trafficking and pimping. If there is credible research to show this is the case, fair enough, but I don't think there is.
Then hopefully they will appeal the ruling.
 
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