Reasons and objectives of decriminalisation
What the reform seeks to achieve: a clearer legal framework, more operational protection mechanisms, and criminal law focused on serious violations.
1. Context
Prior to the reform, the practice of sex work by an adult was not, in itself, the primary target of criminal law. However, the surrounding legal environment remained unstable: related offences could apply to the organisation, assistance or structuring of the activity. Decriminalisation forms part of a broader reform aimed at drawing a clearer line between voluntary practice between adults and situations involving abuse.
2. Clarifying: separating lawful practice from abuse
A central reason for decriminalisation is to make the framework more intelligible: voluntary practice between adults must be clearly distinguished from conduct that undermines freedom, consent or dignity.
What the reform seeks to clarify
- What constitutes voluntary practice between consenting adults.
- What falls within the prohibited sphere: coercion, exploitation, trafficking, minors.
- The actual role of third parties (organisation, supervision, intermediation) and the responsibilities attached to it.
Why this matters
- Reducing legal grey areas.
- Allowing more coherent application of ordinary law where conditions are met.
- Preventing ambiguity from being exploited by abusive structures.
3. Strengthening protection: activating concrete levers
Decriminalisation also aims to make protection more effective, by removing lawful practice from an environment of indirect criminal risk and facilitating the use of ordinary mechanisms (legal status, rights, safety rules).
- Access to protective frameworks linked to status (employee / self-employed) and applicable rules.
- Reporting and addressing abuse: a clearer framework helps identify what constitutes a serious violation.
- Prevention: making it more difficult to conceal exploitative practices behind a “tolerated” organisation.
4. Refocusing criminal law on serious violations
The reform does not remove criminal law. Its objective is to concentrate criminal enforcement on conduct that genuinely requires a strong penal response. Substantively, priorities remain unchanged: protection of minors, the fight against trafficking, exploitation and coercion.
- Minors: absolute prohibition of any involvement.
- Trafficking and exploitation: offences remain central.
- Coercion / abuse: repression of situations where autonomy and consent are undermined.
5. Public objectives (summary view)
From a public-policy perspective, decriminalisation pursues a straightforward objective: a framework that is clearer, easier to supervise, and more effective in protecting individuals.
Clarity and accountability
- Defining an intelligible “lawful / unlawful” boundary.
- Identifying the real role and responsibility of actors (employers, operators, intermediaries).
- Reducing legally ambiguous situations.
Protection and public action
- Focusing public action on exploitation, trafficking and minors.
- Making oversight more relevant depending on the field (criminal, social, administrative).
- Facilitating detection and response in serious situations.