This paper explores the legal and institutional controversies surrounding the recognition of sex work as a legitimate form of labour in Europe. Taking as its starting point the 2024 ruling by the European Court of Human Rights in the case of M.A. and Others v. France, which upheld the criminalisation of clients under the Nordic model, the author argues that such rulings reinforce a paternalistic framework of ‘protection’ at the expense of the autonomy, safety, and rights of sex workers. The paper examines the various regulatory models in Europe – from prohibition to full decriminalisation – and their symbolic and practical consequences. The focus is on the tensions between human rights protection, public interest, and the agency of sex workers themselves. Recognising sex work as work requires an institutional shift: moving from a logic of punishment towards one of protection, regulation, and representation. The analysis also addresses the role of the International Labour Organization (ILO), the limited access to collective representation, and the experience of trade unions and grassroots initiatives such as the UK’s Sex Workers’ Union (SWU) and Argentina’s AMMAR. The conclusion is clear: no framework can be complete or genuinely equitable without acknowledging the agency and voice of sex workers.
English
Język Polski