Analysis of Saint-Josse-Ten-Noode Prostitution Regulation

Extract

[...] Its mayor; Emir Kir (of Turkish origin) was elected on October 14, 2012. In order to allow us to understand the foundations of this public decision, we will rely on the reading grid proposed by P. Lascoumes, which opposes two operational modes that will constitute the two distinct parts of our analysis. The first will highlight a unilateral process of creation of this law, an observation promoted by M.Hagen and M.Hebbrecht, the second will demonstrate that the contemporary creation of laws, rules is more sequential and results from the intersection of influences, therefore of multiple actors. [...]

[...] This police regulation falls within this context, it highlights the principles of good morals citing notably children and parents who may 'be shocked' by the exhibition of prostitution. However, in a second time, it is important to note two elements. The mayor was elected in 2012. This regulation is written in 2018, so six years after his election. It is also mentioned 'of a certain number of mutations immobilières or d'affectation intervenues dans le quartier depuis deux ans'. Why have you waited so long before taking this decision? [...]

[...] Analysis confirmed by the subsequent given to this regulation as the Council of State on April annulled this article and asked the mayor to conducta less aggressive policy towards people who prostitute themselves on its territory". This decision was made when the Union of Sex Workers Organized for Independence appealed to the body following the publication of the analyzed regulation. A decision that remains antagonistic in relation to the framework of Belgian law and the power it confers on municipalities, but which supports the contemporary theory of P. Lascoumes, which highlights the plurality of actors and especially lobbies or cartels and their influence on technocrats to promote laws. [...]

[...] Hebbrecht take up this principle and conclude that the rules of sanctions and the process of creating laws result from the imposition of these by a group of puritan values, it is the moral functionalism or moral Marxism. If we transpose this mode of operation to the regulation we are analyzing, it is evident at first glance. In the matter of prostitution and pimping, Belgium, like many European countries, ratified in 1965 the United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. This implies that it develops the means and judicial tools to fight against all forms of pimping. [...]

[...] In Belgium, each prostitute pays, in addition to the rental of her square or window to her pimp, an annual tax of 650 euros to the commune of Saint Josse (source http://Isala). As a result, when comparing the financial resources generated by this 'commercial' activity with the sale, rental of housing and especially the profitability of its crèche, one understands better that lucrative financial interests prevail, dressed up as the defense of collective interests and values. We can then highlight the lobby of the construction and real estate promoters, and the influence of corporate groups. [...]