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The interministerial evaluation mission of the Law of 13 April 2016 shows that when the law is fully implemented, it works

Evaluation de la loi du 13 avril 2016

The interministerial evaluation mission of the Law of 13 April 2016 calls for political impetus, human and financial resources to remove blockages and respond to challenges.

The Report was eagerly awaited by both abolitionist and opponents alike. to the law, which is still regularly under attack (most recently by an appeal to the ECHR in April 2020).

It's the result of a nine-month survey punctuated by travel, more than 200 people met, and a series of questionnaires addressed to public prosecutors, prefects and Regional Health Agencies, conducted by three Inspectorates: the General Inspectorate of Social Affairs, the General Inspectorate of Administration and the General Inspectorate of Justice.

 

It provides a precise inventory of the implementation of the law, an analysis of the blocking points and facilitating factors, and proposes 28 recommendations to extend and optimize the application of all aspects of the law throughout the country.

 

The Report highlights the progress made:

- +54% of criminal proceedings for pimping and trafficking in human beings

- 7X increase in the number of identified victims of trafficking in human beings

 - 395 exit programs since 2016

- 90% of the prefects questioned consider the departmental commissions to combat prostitution to be useful (page 118).

- nearly 5,000 sex-buyers arrested (799 in 2016, 2072 in 2017, 1939 in 2018)

 

These results show once again that, when the law is fully implemented, it works.

 

However, its implementation implementation remains uneven and heterogeneous. As of October 2019, the findings of the local implementation assessment study of the law in 4 cities and co-financed by Fondation Scelles and DGCS, were already calling for a full implementation of the law on The report also made nine recommendations, which are more or less the same as the 28 recommendations made in this report.

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The Fondation Scelles already engaged in the implementation of certain recommendations, will be particularly attentive on the following subjects:

 

Recommendation N°5 " Elaborate a dashboard and indicators for monitoring the law of 13 April 2016 concerning both the means implemented and the results obtained ".

Experience shows that without a regular evaluation of the implementation of recommendations and the willingness of public services to apply them the situation will not change. Society's adherence to this law will only be achieved if the results obtained demonstrate the effectiveness of the system.

 

Recommendation No. 7 "Strengthen the resources allocated to the police and gendarmerie services in the area of cyber-pimping and increase the number of special authorizations for judicial police officers and agents to carry out investigations under pseudonyms, as provided for in article 230-46 of the Code of Criminal Procedure".

The scale of Internet prostitution now exceeds the response capacity of the State (Police and Justice). However, experience shows us that locally, as in the Val-d'Oise, when the investigation services, the Public Prosecutor's Office and associations are mobilised, the implementation of the law works: pimping networks operating on the Internet dismantled, sex-buyers soliciting prostituted persons through websites are verbalized, etc. There will be no reduction in prostitution without a fight against demand commensurate with the challenges posed by the massive use of new information and communication technologies.

 

Recommendation No. 9 "Set up the inter-ministerial working group provided for in the 5th plan to combat all forms of violence against women, responsible for identifying the means and methods of action to combat cyber-pimping".

The law should now make it possible to prosecute for pimping or to shut down sites promoting online prostitution. Making digital actors responsible for the use of their platforms should make it possible to combat cyber-pimping more effectively.

 

Recommendation No. 11 "Improve the provision of awareness-raising courses on combating the purchase of sexual acts throughout the country and ensure their harmonization through piloting by the heads of courts of appeal".

On the strength of its experience in creating the content and co-leading awareness-raising courses in Paris and Pontoise alongside its partners (APCARS and ARS95), the Fondation Scelles recommends that the involvement of survivors of prostitution (videos and/or face-to-face) and the presence of the gendarmerie or the police in this training day be systematized. Their presence appears to be a determining factor in raising awareness of prostitution-related violence and deterring recidivism.

 

Recommendation No. 13 "Complete the deployment of the personalized victim assessment system provided for in article 10-5 of the Code of Criminal Procedure and make systematic use of the in-depth assessment of the situation of victims of sexual exploitation".

This is an essential step to ensure that victims can be compensated at trial and pimps convicted on the basis of their acts. The Scelles Foundation welcomes the trend towards increased penalties for perpetrators (noted since the implementation of the law) and the progress made, but still insufficient, in the seizure of criminal assets.

 

Recommendation No. 2 "Organize government information campaigns on the content of the law and ensure its dissemination on sites intended for the general public, paying particular attention to minors and students".

The experience of the awareness-raising operations carried out by the Foundation shows that this measure is essential for the realization of a true social project based on equality between women and men. Awareness-raising among the general public and among young people in particular of the non-merchandising of the body and the consequences of prostitution is necessary for lasting change and well-founded adherence to this law.

 

 

 

The Scelles Foundation in the press

  • (ES - Milenio) El ser humano no está a la venta
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