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Race, Gender, and Prostitution in Sarkozyâ•Žs Historical Perspectives: Santa Clara University Undergraduate Journal of History, Series II Volume 16 Article 16 2011 Rights for the Ladies of the Night: Race, Gender, and Prostitution in Sarkozy’s Domestic Security Bill Danielle Vermazen Follow this and additional works at: http://scholarcommons.scu.edu/historical-perspectives Part of the History Commons Recommended Citation Vermazen, Danielle (2011) "Rights for the Ladies of the Night: Race, Gender, and Prostitution in Sarkozy’s Domestic Security Bill," Historical Perspectives: Santa Clara University Undergraduate Journal of History, Series II: Vol. 16 , Article 16. Available at: http://scholarcommons.scu.edu/historical-perspectives/vol16/iss1/16 This Article is brought to you for free and open access by the Journals at Scholar Commons. It has been accepted for inclusion in Historical Perspectives: Santa Clara University Undergraduate Journal of History, Series II by an authorized editor of Scholar Commons. For more information, please contact [email protected]. Vermazen: Rights for the Ladies of the Night 180 Historical Perspectives May 2011 Rights for the Ladies of the Night 181 Rights for the Ladies of the Night: Race, abolitionist system, prostitution itself is legal while activities surrounding prostitution, such as pimping Gender, and Prostitution in Sarkozy’s and the coercion of women into prostitution are Domestic Security Bill illegal.4 Abolitionism is the system currently in place in France and is endorsed by the United Nations. Danielle Vermazen Prohibitionism is a system which outlaws prostitu- tion.5 This system is currently in place in the United On November 6, 2002 hundreds of prostitutes States. protested outside the French Senate, chanting the The American presence in France at the end of slogans on their banners: “You sleep with us! You vote World War II was the catalyst for the shift to abolition- against us! Sarko, Free the hookers!”1 This demonstra- ist policy. This began in August 1944 with the Ameri- tion was in response to their Minister of the Interior, can liberation of Paris. American armies publicly current president, Nicolas Sarkozy’s Domestic Security condemned the moral depravity and public health Bill. This bill placed new limitations on prostitutes risks that legal brothels posed to their troops, while and furthered the criminalization of their actions even privately allowing their soldiers to frequent these 6 though the exchange of sex for money is legal in establishments. France.2 Since signing of the 1949 UN Convention on the Beginning in the 1940s, French policy has moved Suppression of Traffic in Persons in 1960, France has away from it historically regulationist policy towards a continually tried to define its prostitution policy to rigid abolitionist prostitution policy. Regulationism is conform to external pressures. Most recently, this has a system in which prostitution is restricted but al- been seen in Sarkozy’s Domestic Security Bill (2003). lowed. It may be limited by zoning or registration The Domestic Security Bill shifted the war on prostitu- laws.3 Regulationist systems are currently in use in tion to focus on prosecuting prostitutes instead of Denmark and the Netherlands. France had a third party beneficiaries and property owners who aid 7 regulationist system up until 1946. Abolitionism is a prostitutes by supplying workspace. This is achieved system that prohibits all regulation and recognizes the by criminalizing “passive solicitation.” The elasticity of prostitute’s right to choose the work she does. In the France’s 2003 legislation allows for arrests based on 4 Ibid, 118. 5 Ibid. 6 Mary Louise Roberts, “The Silver Foxhole: The GIs and Prostitution in Paris, 1944-1945,” French Historical Studies Vol. 33, No. 1 (Winter 2010), 99-128. 7 Gill Allwood and Khursheed Wadia, Gender and Policy in France (New York, NY: Palgrave Macmillan, 2009), 113. Published by Scholar Commons, 2011 1 Historical Perspectives: Santa Clara University Undergraduate Journal of History, Series II, Vol. 16 [2011], Art. 16 180 Historical Perspectives May 2011 Rights for the Ladies of the Night 181 Rights for the Ladies of the Night: Race, abolitionist system, prostitution itself is legal while activities surrounding prostitution, such as pimping Gender, and Prostitution in Sarkozy’s and the coercion of women into prostitution are Domestic Security Bill illegal.4 Abolitionism is the system currently in place in France and is endorsed by the United Nations. Danielle Vermazen Prohibitionism is a system which outlaws prostitu- tion.5 This system is currently in place in the United On November 6, 2002 hundreds of prostitutes States. protested outside the French Senate, chanting the The American presence in France at the end of slogans on their banners: “You sleep with us! You vote World War II was the catalyst for the shift to abolition- against us! Sarko, Free the hookers!”1 This demonstra- ist policy. This began in August 1944 with the Ameri- tion was in response to their Minister of the Interior, can liberation of Paris. American armies publicly current president, Nicolas Sarkozy’s Domestic Security condemned the moral depravity and public health Bill. This bill placed new limitations on prostitutes risks that legal brothels posed to their troops, while and furthered the criminalization of their actions even privately allowing their soldiers to frequent these 6 though the exchange of sex for money is legal in establishments. France.2 Since signing of the 1949 UN Convention on the Beginning in the 1940s, French policy has moved Suppression of Traffic in Persons in 1960, France has away from it historically regulationist policy towards a continually tried to define its prostitution policy to rigid abolitionist prostitution policy. Regulationism is conform to external pressures. Most recently, this has a system in which prostitution is restricted but al- been seen in Sarkozy’s Domestic Security Bill (2003). lowed. It may be limited by zoning or registration The Domestic Security Bill shifted the war on prostitu- laws.3 Regulationist systems are currently in use in tion to focus on prosecuting prostitutes instead of Denmark and the Netherlands. France had a third party beneficiaries and property owners who aid 7 regulationist system up until 1946. Abolitionism is a prostitutes by supplying workspace. This is achieved system that prohibits all regulation and recognizes the by criminalizing “passive solicitation.” The elasticity of prostitute’s right to choose the work she does. In the France’s 2003 legislation allows for arrests based on 4 Ibid, 118. 5 Ibid. 6 Mary Louise Roberts, “The Silver Foxhole: The GIs and Prostitution in Paris, 1944-1945,” French Historical Studies Vol. 33, No. 1 (Winter 2010), 99-128. 7 Gill Allwood and Khursheed Wadia, Gender and Policy in France (New York, NY: Palgrave Macmillan, 2009), 113. http://scholarcommons.scu.edu/historical-perspectives/vol16/iss1/16 2 Vermazen: Rights for the Ladies of the Night 182 Historical Perspectives May 2011 Rights for the Ladies of the Night 183 racialized and gendered profiling. As France continues analyze the impact of German and American troops on to conform to international policy trends, French the changing legality of activities surrounding prostitu- universalism cannot be preserved while their current tion in France. They also analyze how foreign pressure laws regarding prostitution act as a vehicle for eroded the original French policies of regulationism racialized exclusion. In French political theory, that were in place before and during World War II. universalism advocates for equality by “making one’s Roberts contextualizes the French establishment of a social, religious, ethnic and other origins irrelevant in legacy of adopting foreign law in their own battle the public sphere; it is as an abstract individual that against prostitution. However, Roberts’ critiques focus one becomes a French citizen.”8 Due to the borders in solely on prostitution policy before the 1950s and thus the European Union (EU) becoming more fluid with the they lack reference to contemporary contexts. increase of EU member states, France’s justification Gill Allwood’s and Khursheed Wadia’s Gender and for conforming to international law is valid. However, Policy in France examines how women’s issues and the 2003 Domestic Security Bill allows for women to legislation interact in France, specifically from the be determined suspects based on whether or not they 1990s to the present.11 Allwood focuses on how fit into the physical markers of French national iden- prostitution was transformed into a law and order tity. This sort of profiling is currently commonplace in issue with the Domestic Security Bill of 2003 and how France, where an estimated fifty percent of prostitutes France has passed legislation to reflect the trend of are not French born.9 It reinforces the idea that abolitionist policy in neighboring countries. Defining assimilation into the French national identity is prostitution as a law and order issue is problematic impossible for people who appear foreign. because the selling of sex for money is legal in France. Many historians have researched the connection In a globalized economy, this is an important angle to between French prostitution and the changing legality reference because human trafficking occurs in interna- due to foreign influences. Mary Louise Roberts dis- tional crime networks which make legislation limited cusses French prostitution policy and the presence of to a single nation ineffective if neighboring nations do foreign armies in “The Silver Foxhole: The GIs and not participate in similar policies. Allwood also men- Prostitution in Paris, 1944- 1945,” and “The Price of tions the difference between “traditional” and “foreign” Discretion: Prostitution, Venereal Disease, and the prostitutes in regards to how the legislation is imple- American Military in France 1944-1946.”10 Both works mented and who ends up arrested. Her argument frames the Domestic Security Bill as legislation which disadvantages all prostitutes regardless of citizenship status. Review Vol. 115, No. 4 (October 2010), 1002-1030.
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