The French National Assembly just passed a law to make it illegal to pay for sex. 

Prostitution has been illegal in France. The change in the law is important because it shifts the criminal burden from the sex worker to the customer. Now, it is no longer the sex worker who will face criminal charges, but the customer. 

The law imposes a fine of €1,500 EUR for anyone who is proved to have paid for sex, and €3,750 for a repeat offence. Repeat offenders also face the prospect of compulsory classes to learn about the dangers of the sex trade.  

Designed to discourage prostitution by punishing the client and thus reducing demand, the law will provide financial support for sex workers seeking to build new lives. It also aims to enable foreign sex workers living as illegal immigrants to obtain a temporary visa if they choose to abandon the sex trade and seek new employment – an attempt to help victims of human trafficking escape exploitation. 

But not everyone feels the law is particularly liberating for all sex workers. A group of around 60 sex workers protested outside the National Assembly holding signs saying:  “Don’t liberate me, I’ll take care of myself.”  

Strass, one of France’s unions for sex workers, has condemned the law, saying it puts the country’s estimated 40,000 sex workers in a more vulnerable position than before.

“We will simply face more poverty, more violence and more stigmatisation,” said Morgane Merteuil, a spokeswoman for the union.

Some have also questioned the logic of legalising prostitution while making the purchase of sex illegal – how can the same thing be legal to sell, but illegal to buy? Will this simply push sex work further underground? 

Often forced to live outside of the law, sex workers form one of the most marginalised groups in societies across the world. Last year, Amnesty International announced it would campaign for the decriminalisation of sex work, as long as it does not involve coercion, exploitation, or abuse. The human rights organisation believes that legalising the sex trade would provide better protection for sex workers, enabling them to access public services like health care, legal representation, and support from the police without fear of reprisal. 

Countries like the Netherlands and Germany have already legalised prostitution, while France’s shift follows countries like Sweden, Norway, Iceland, Canada and Northern Ireland in trying to stamp out prostitution by placing the criminal burden on the customer.  

The debate over whether full legalisation is better for sex workers will surely continue. Sex is a risky trade – what’s important is that the most vulnerable people are placed at the center of the conversation about their own legal rights.