Question 15884 — public order

Summary

Mr. Fabien Gouttefarde questions the Keeper of the Seals, Minister of Justice, on the priority question of constitutionality, referred to the Constitutional Council by decision of the Council of State dated November 12, 2018, regarding certain provisions of Law No. 2016-444 of April 13, 2016 aimed at strengthening the fight against the prostitution system and supporting prostitutes. The plaintiffs, including nine associations including Médecins du Monde and the Sex Work Union (Strass), before the Council of State, argued that the establishment of the penalization of clients of prostitutes and of an additional penalty consisting of an awareness course on the purchase of sexual acts would be contrary to certain fundamental rights and freedoms, namely the right to private life guaranteed by article 2 of the declaration of the rights of man and citizen, to the freedom of enterprise guaranteed by Article 4 and to the principle of necessity and proportionality of penalties guaranteed by Article 8, to consider the provisions of the 2016 law contrary to the Constitution. Despite claims that this new legislative framework has led to an increase in the precariousness of the living conditions of people in prostitution, who are subject to a increase in violence against them, numerous studies have repeatedly noted that prostitution is above all and above all a story of violence; violence before being exposed to prostitution: overall, more than seventy-five percent of prostitutes suffered sexual violence when they were minors; of violence during exposure to prostitution: more than two thirds suffer physical violence resulting in bodily harm; violence after leaving the prostitution system: psycho-traumatic disorders resulting from exposure to the violence of prostitution constituting the major risk of being a victim of violence again. Also, and without prejudging the decision of the Constitutional Council to come, he questions it on the position of the Government in the procedure pending before the Constitutional Council, and particularly in light of the principle with constitutional value of safeguarding the dignity of the human person against all forms of enslavement and degradation (Decision No. 94-343/344 DC, July 27, 1994).

Machine translation from French. The official text remains authoritative.

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