PROSTITUTION AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Probably the total ban of paying sex in every kind of Sovereign, Federated or Confederated State would not be legal with the dictates of The European Convention on Human Rights of The Council of Europe (this one is not European Union). In fact, if we read articles 8, 11, 14, 17 and 18 of the same international law, we can understand that the relative Convention protects: the privacy of everybody, forbidding any interference in this one by every state jurisdiction, the freedom to get assembly for all citizens, the prohibition of people social discrimination, the inability to interpret the dictates of the same International law to limit other rights of this one and a single purpose addressed to various restrictions of freedoms said by the same document.
The following are the texts of the above Articles.
Art. 8 - Right to respect for private and family life.
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Art. 11 - Freedom of assembly and association.
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Art. 14 - Prohibition of discrimination.
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Art. 17 - Prohibition of abuse of rights.
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
Art. 18 - Limitation on use of restrictions on rights.
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
It is necessary to say that prostitution may fall into the category of privacy, it is an action that it may be carried out by the assembly of people on kindly ways, also in not public places and it is a kind of sexual choice, since this is identified with a particular form of relationship among different subjects.
Moreover, it is evident that The European Court of Human Rights, which is the unit considering States’ laws and actions conform to the connected Convention or not, with Judgment October 18th 2011, Application n. 16188/07 has established that the action making the protection of public, health and/or moral safety must be carried out with special circumstances and reasons of the field supported by convincing ways to justify the limitation of the said International law rights for people and consequently, the recording of prostitutes is not in a position to stay inside the kind of ways to reduce relative freedom.
So, without having doubt, even the prohibition of simple and generic related activity, both by buying and/or selling so as to get impossible to take the legal way for prostitution made among adult and consentient people into private places not damaging to public morals, would be sentenced on the same way.
For these reasons, the total prohibition of prostitution made on the above mentioned ways would not comply with the declared dictates of The European Convention on Human Rights.
Furthermore, it should be noted that the said International Judges with the Judgement September 11th 2007, Application n. 37194/02, told that prostitution could be considered as inhuman, degrading and really forced, to get articles 3 and 4 paragraph 2 of the above mentioned Convention violated, exclusively if this kind of activity is carried out by another person on forcing ways and not by necessity conditions of the same prostitute, which moreover can be resolved by other legal sources.
With all that, any law of a European State which forbids totally the related selling and/or buying could be reported to the above mentioned European Court in Strasbourg.
Written on January 24th 2012 and update on November 22nd 2013