Neo-abolitionism is not without issues, especially with regards to international law. Indeed, international law sources do not address the problem, leaving it to States to decide which policy to adopt.
When the issue of criminalization and prostitution is raised, the norms of international law seem rather unclear. This text is interpreted as implying the de facto necessity to abolish prostitution as a whole. In the case of France, its politics are indeed constrained by its membership to the European Union EU , whose political organs, in particular the Parliament, have confirmed their will to pursue abolitionist politics 6.
In a case, the Court decided that prostitution was covered by the European treaties as an economic activity 7. It could therefore be argued that the Court is not opposed to regulatory politics 8. French public policies are also influenced by the directions developed in the Council of Europe.
Recently, it invited States to consider, among other things, criminalizing the act of buying sexual services 10 , a proposal which showed an adhesion to the abolitionist model.
There has been a major shift in the way sex work is perceived. Prior to the Law 12 , the legal framework on prostitution evolved. It clearly targeted the visible manifestation of prostitution in public spaces. In , France chose to align with the Nordic model. Ever since its adoption, this Law has been highly criticized.
