Prostitution

In France prostitution is not prohibited, as long as:

• It is not forced (procuring is forbidden and can be heavily punished in instances where force, violence or an organised network is involved)
• It does not disturb the public order (public soliciting is punished by 3 months of imprisonment and a 3500 euros fine)
• It does not benefit from any kind of advertising, promotion or support
• It does not involve minors or vulnerable persons (pregnant women, handicapped persons...)

(cf. National Law)

The OCRETH[1] estimates that in France there are between 15 000 and 18 000 persons involved in prostitution, 60% of whom come from foreign countries such as Central and Eastern Europe (70%) and Sub-Saharan African countries (30%). The majority of these persons are forced to prostitute themselves by criminal organizations involved in the trafficking of human beings.

As brothels are forbidden by law, street prostitution (streets, roads, forests, vans.) is widespread. Prostitution also exists in less visible forms: through small newspaper ads, the telephone, the internet, and homes, pubs, night clubs and luxury hotels. Additionally, the use of new technologies (cellular phones, the Internet) has grown over the past few years.

It is impossible to evaluate the percentage represented by these forms of prostitution.

Street prostitution, principally found in big cities until the beginning of the 1990s, has gradually spread all over France, to cities and departments where it used to be virtually non-existent. Women involved in street prostitution are essentially young women from Central and Oriental Europe and sub-Saharan Africa.

While persons involved in prostitution do not benefit from any specific legal statute or classification, they are not excluded from the social benefits provided by the law, providing they meet the necessary prerequisites.

In 1960 France ratified the UN Convention of 1949[2]. The national Ordinances 60-1245 and 60-1246 ensure that French law complies with this convention. All measures aimed at controlling prostitution were abolished (police and sanitary control).

Since the passing of these laws, persons involved in prostitution have been regarded as victims requiring assistance. Social measures in the new legislation include the implementation of a program of an assistance program for prostitutes. This program is applied inconsistently across the country.

The role of Non-Governmental Organisations:

Specialised NGOs also intervene in favour of persons in prostitution. While these organisations have a common objective to help and support victims, they use a variety of means to contact persons involved in prostitution (social, health, charitable, and humanitarian action) and different focuses with which to approach the issue, such as missions of public services, prostitution abolition, and prostitution professionalisation.

Among these associations there are:

• Associations that intervene in the framework of State social action with a mission of public service.
• Associations engaged in militant action aimed at eradicating prostitution in the long term. They advocate that the body can not be sold. These associations are the followers of the abolitionist movement initiated in Great Britain by Josephine Butler at the end of the 19^th century.
• Associations with a public health mission for the prevention of sexually transmitted diseases. Most of these associations are also in favour of legalisation of free and chosen prostitution. These associations developed at the beginning of the 1990s, at the same time as the HIV epidemic.

Whatever their specificity, specialised NGOs are in permanent contact with prostitutes by meeting them in the places where they work, day and night. They offer them support and psychiatric follow-up, they help them seek work and housing and get the medical, legal and psychological assistance they need. They also assist with helping them return to their country of origin if they so wish. Most of these organisations undertake, individually and/or collectively, advocacy action at local and national levels. Some of these organisations are involved in European and international movements.

The development of prostitution through transnational criminal networks, has led these NGOs to:

• Modify their modes of intervention and their professional practice in resorting, notably, to linguistic and cultural mediation;
• Develop partnerships with organisations in the countries of origin; and
• Participate in transnational projects through European programme (DAPHNE, STOP, AGIS).