Changes in the regulation of sex work have been observed over the last two decades. The trend towards the partial criminalization of sex work, targeting clients, has gained significant support at the European level under the arguments of gender violence and human trafficking. However, this regulatory approach has not adequately addressed the negative consequences for sex workers themselves. In order to determine whether the European Convention on Human Rights provides protection for sex workers in this context, this paper examines the contrasting feminist perspectives influencing the debate, the legal framework at the national, regional, and international levels, and case law. The case pending in Strasbourg, “M.A. and Others v. France” is analysed in the light of the potential protection of the right to life, the prohibition of degrading treatment, and the right to respect for private life.

Changes in the regulation of sex work have been observed over the last two decades. The trend towards the partial criminalization of sex work, targeting clients, has gained significant support at the European level under the arguments of gender violence and human trafficking. However, this regulatory approach has not adequately addressed the negative consequences for sex workers themselves. In order to determine whether the European Convention on Human Rights provides protection for sex workers in this context, this paper examines the contrasting feminist perspectives influencing the debate, the legal framework at the national, regional, and international levels, and case law. The case pending in Strasbourg, “M.A. and Others v. France” is analysed in the light of the potential protection of the right to life, the prohibition of degrading treatment, and the right to respect for private life.