Prostitution in Spain

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Pablo Picasso's Les Demoiselles d'Avignon. An oil painting depicting five prostitutes from a brothel in Barcelona. Les Demoiselles d'Avignon.jpg
Pablo Picasso's Les Demoiselles d'Avignon . An oil painting depicting five prostitutes from a brothel in Barcelona.

Prostitution in Spain is not addressed by any specific law, but a number of activities related to it, such as pimping, are illegal. In 2016, UNAIDS estimated there to be 70,268 prostitutes in the country, [1] although other estimates put the number higher. Most prostitutes in the country are immigrants. [2] [3] [4] [ dubious discuss ] The sex industry in Spain is estimated to be worth €3.7 billion. [5]

Contents

Prostitution was decriminalized in 1995. Prostitution itself is not directly addressed in the Criminal Code of Spain, but exploitation such as pimping is illegal. [6] [7] [8] [9] [10] [11] [12]

The only article in the Code dealing specifically with adult prostitution is Artícle 188, which bans pimping: [13]

Whoever causes a person of legal age to engage in prostitution or to continue to do so, with the use of violence, intimidation or deception, or by abusing a position of power or the dependency or vulnerability of the victim, shall be punished with a prison sentence of two to four years and a fine from 12 to 24 months. Gaining profit from the prostitution of another shall incur the same penalty, even with the consent of that person. [note 1]

Owning an establishment where prostitution takes place is in itself legal, but the owner cannot derive financial gain from the prostitute or hire a person to sell sex because prostitution is not considered a job and thus has no legal recognition.

Prostitution in Spain is less regulated than in many European countries. However, the advertising of prostitution has been made illegal and in 2022 a bill was put forward in the Spanish Parliament proposing the criminalisation of brothel-owning and pimping regardless of whether exploitation or abuse is involved, as well as criminalising the customers of prostitutes. The maximum sentence proposed is four years. The bill is supported by the governing Spanish Socialist Workers' Party. Street protests against the bill took place in Madrid in September 2022. [14]

Local government

Local governments differ in their approaches to both indoor and outdoor prostitution, usually in response to community pressure groups, and based on "public safety". [15] Most places do not regulate prostitution, but the government of Catalonia offers licenses for persons "to gather people to practice prostitution". [16] These licenses are used by brothel owners to open "clubs", where prostitution takes place (the women are theoretically only "gathered" to work on the premises not employed by the owner). Some places have implemented fines for street prostitution. [17] [18]

COVID-19 pandemic

As part of the state of alarm due to the COVID-19 pandemic in Spain, all brothels and other places of entertainment were ordered to close. [19] [ failed verification ]

Politics

History

Prostitution was tolerated in Spain throughout the mediaeval period, until the 17th century and the reign of Phillip IV (1621–65) whose 1623 decree closed the mancebías (brothels) forcing the women out into the street, a very unpopular decision, but one that remained in place till the 19th century. In the reign of Isabel II (1843–1868) regulation was introduced, firstly in cities, the Disposiciones de Zaragoza (1845) and the Reglamento para la represión de los excesos de la prostitución en Madrid (1847), followed by the 1848 Penal Code. [20] [ full citation needed ]

In 1935 during the Second Republic (1931–36) prostitution was prohibited. Once the Dictatorship (1939–75) was established, this law was repealed (1941). Spain became officially abolitionist on 18 June 1962, when the 1949 United Nations (UN) Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others was ratified by Spain, and the Decree 168 of 24 January 1963 modified the Penal Code (Código Penal) according to the convention. In theory, this policy, in accordance with the convention, regarded sex workers (trabajadores sexuales) as victims of sexual exploitation and advocated punishment of their exploiters rather than the workers themselves, and refused to distinguish between voluntary and coerced sex work. [21] However, there were inconsistencies, as the prostitutes were in fact treated more like criminals: under Act 16/1970 of 4 August on social menace and rehabilitation (Ley de peligrosidad y rehabilitación social) prostitutes were declared amongst those classes categorized as social evils, and could be confined to special centres or forbidden to live in specified areas. In practice however, prostitution was quietly ignored and tolerated. [22]

Although democracy was restored in 1975, it was not till the Penal Code revisions of 1995 [23] that this policy was revisited, and most laws regarding prostitution were repealed, with the exception of those governing minors and those with mental health problems. This included the Act 16/1970. Further revisions in 1999 addressed trafficking, as did the 2000 Immigration Act which followed other European precedents by offering asylum to trafficked victims if they collaborated. [24] [ full citation needed ]

Public opinion

Opinion remains deeply divided in Spain over prostitution, and law reform has been in a political impasse for a long time. [25] Consequently, it remains in rather a grey zone of unregulated but tolerated semi-legality. The standard debates exist as to whether it is work like any other work, or exploitation of women as espoused by groups like Malostratos. [26] Meanwhile, it thrives, and has prompted headlines such as El nuevo burdel de Europa (The New Brothel of Europe). [27] [28]

Public policy

The key instruments in order of importance are the Penal Code (Código penal) (1822–) [29] and the Immigration or Aliens Act (Ley de Extranjería de España) 2000. [30]

Plans:

Migrant workers

In the 1980s, most of the sex workers in the country were Spanish, [3] but by 2006 70% of sex workers were migrants according to a TAMPEP study, with 70-80% of those migrants being from Latin America, (mainly from Ecuador, Colombia and the Dominican Republic) [15] [31] [32] After Bulgaria and Romania became EU members in 2007, [33] a large number travelled to Spain and engaged in sex work. TAMPEP carried out a further study in 2009 and found 90% of sex workers were migrants. Of all countries studied, only Italy had proportion of migrant workers at comparable level. [15] [34] The 2009 study found the migrant sex workers were 49% were from Latin America, 24% from Central Europe (mainly Bulgaria and Romania) and 18% from Africa.

There was an influx of prostitutes from China in the early 2010s. [35] From 2012 to September 2013, 544 prostitutes were identified in 138 inspections in brothels of Asian prostitutes in Barcelona. [36] In the late 2010s a large number of Nigerian women have been trafficked into the country for prostitution. [37]

Some prostitution is present at small farms (cortijos) outside of Roquetas de Mar. The prostitutes work in the service of organised criminal organisations linked to human trafficking. This, as they have a debt to pay to compensate the cost of being brought there. Many prostitutes are of Russian, Nigerian and Moroccan descent. [38] Some women have taken up the job as prostitute after not being able to work in the intensive farming industry. [39]

As in other countries in Western Europe, there are concern over the presence of migrant workers on the streets and claims that many of them were coerced. NGOs believe a large percentage of individuals in prostitution in Spain are trafficking victims. Various reports give figures of 80-90% of prostitutes in Spain being trafficked, but this is disputed. [40] In 2008 the Spanish Government announced plans to aid women who had been trafficked. [41]

There is also cross-border prostitution between Spain and Portugal, and between Spain and France. [15] )

There are organisations working with migrant women, including Proyecto Esperanza [42] and shelters such as IPSSE (Instituto para la Promoción de Servicios Especializados).

Advocacy

Organisations working with sex workers in Spain include APRAMP (Associacion para la Prevención, Reinserción y Atención de la Mujer Prostituida) [43] while sex workers' rights organisations include Hetaira (Madrid), [44] as well as regional organisations such as SICAR Asturias, [45] AMTTTSE (Asociación de Mujeres, Transexuales y Travestis como Trabajadoras Sexuales en España, Málaga) and CATS (Comité de Apoyo a las Trabajadoras del Sexo, Murcia).

Spanish sex workers continue to be concerned about their lack of protection and in July 2011 petitioned the Minister of Health (Leire Pajín). [46] A demonstration is planned for 6 November 2011 in Madrid, and a communique has been released setting out sex workers' complaints and demands. [47]

The Organización de Trabajadoras Sexuales (OTRAS) was formed in August 2018 [40] and registered with Spain's Labour Ministry as a trade union. Feminists and activist opposed the formation of the union and instigated a campaign on social media against them using the hashtag #SoyAbolicionista (“I’m an Abolitionist”). [48] Abolitionist groups brought a court action against OTRAS, [40] which resulting on OTRAS's statutes being annulled on the grounds that there can be no employment contract for prostitutes and therefore they were not "workers" in terms of employment law, but the court did not dissolve the union. [49] [50] However, in February 2019, the Superior Court of Justice of Madrid ruled that a prostitute working in a club in Barcelona had a valid employment relationship with the club owners. [51]

Social history

Prostitution in Spain was highly sectored, with at one end the damas cortesanas of high society, [52] and the mistresses of the bourgeoisie and barraganas , the concubines of the clergy. (Harrison)

Sex work in Spanish culture

La Maja Desnuda c. 1800, oil on canvas, 98 * 191 cm (38.58 * 75.2 in), Prado, Madrid Goya Maja naga2.jpg
La Maja Desnuda c. 1800, oil on canvas, 98 * 191 cm (38.58 * 75.2 in), Prado, Madrid

Goya (1746–1828) frequently commented on the place of prostitution in Spanish high society [53] such as satirising the church's involvement in the trade, for profit. Best known though are his controversial Majas. [54] Other examples are Murillo's Four Figures on a Step and Picasso's Les Demoiselles d'Avignon (illustrated).

In literature, Miguel de Cervantes discusses prostitution in his early 17th century novel Don Quixote , [55] and the subject is found throughout 19th- and 20th-century Spanish literature. [56]

Sex work celebrities in Spain

La señora Rius (see photograph) is a Barcelona celebrity and Madam who told her story in Julián Peiró's La Sra. Rius, de moral distraída. [57]

Overseas autonomous communities

Canary Islands

In 2006, 42 people were arrested following the discover of a prostitution ring operating out of nightclubs in Las Palmas and Telde. The prostitutes were from South American countries, mainly Brazil. [58] Five people were jailed as a result. [59]

In 2012, a councillor in Santa Cruz de Tenerife told the ABC newspaper about the city's draft plan for prostitution. He said that, in cases examined by NGOs, all the prostitutes were women of which 9% were transsexual women. [60]

A study is 2016 estimated there were around 3,000 prostitutes working on the islands, mainly in the tourist areas and the cities of Santa Cruz de Tenerife and Las Palmas. [61]

Ceuta

Prostitution occurs in the Ceti (Temporary Reception Center) in Ceuta. The prostitutes are mainly Nigerian women. [62]

Melilla

Local NGO Melilla Acoge, which provides medical and other assistance to prostitutes, report that there are about 1,000 Moroccan prostitutes in Melilla. Some cross over the border into Melilla in the mornings and leave at midday, other cross over the border in the afternoon and leave at night. [63]

Sex trafficking

Sex traffickers exploit foreign victims in Spain and, to a lesser extent, Spanish victims abroad. Women from Eastern Europe (particularly Romania and Bulgaria), South America (particularly Paraguay, Brazil, Colombia, and Ecuador), Central America (particularly Honduras, El Salvador, and Nicaragua), China, and Nigeria are exploited in sex trafficking. Authorities report Nigerian women now make up the largest demographic of sex trafficking victims. Sex traffickers exploit Venezuelan women fleeing the collapsing social and economic conditions at home.

Spanish law does not permit nor prohibit prostitution, and NGOs believe a large percentage of individuals in prostitution in Spain are trafficking victims. Various reports give figures of 80-90% of prostitutes in Spain being trafficked, but this is disputed. [40]

Sex traffickers are increasingly using online apartment rental platforms to make their illicit operations difficult to track. An increasing number of victims arrived in southern Spain by sea via Morocco. Nigerian criminal networks recruit victims in migrant reception centers in Italy for forced prostitution in Spain. Unaccompanied migrant children continue to be vulnerable to sex trafficking. The increased numbers of newly arrived refugees and asylum-seekers are vulnerable to trafficking. [37]

Law enforcement conducted targeted operations against 37 criminal organisations involved in sex trafficking in 2018. The judiciary initiated prosecutions of 63 defendants for sex trafficking. The government reported several cases in which convicted traffickers received significant penalties. In January 2019, an Oviedo court sentenced four Romanians to 20 to 55 years in prison for forcing 12 Romanian women into prostitution. [37]

The United States Department of State Office to Monitor and Combat Trafficking in Persons ranks Spain as a 'Tier 1' country. [37]

See also

Notes

  1. 1. El que determine, empleando violencia, intimidación o engaño, o abusando de una situación de superioridad o de necesidad o vulnerabilidad de la víctima, a persona mayor de edad a ejercer la prostitución o a mantenerse en ella, será castigado con las penas de prisión de dos a cuatro años y multa de 12 a 24 meses. En la misma pena incurrirá el que se lucre explotando la prostitución de otra persona, aun con el consentimiento de la misma''.

Related Research Articles

Prostitution in Denmark was partly decriminalised in 1999, based partly on the premise that it was easier to police a legal trade than an illegal one. Third-party activities, such as profiting from brothel administration and other forms of procuring, remain illegal activities in Denmark, as do pimping and prostitution of minors.

Prostitution in Austria is legal and regulated.

Prostitution in Guatemala is legal but procuring is prohibited. There is an offence of “aggravated procuring” where a minor is involved. Keeping a brothel is not prohibited.

<span class="mw-page-title-main">Prostitution in Mexico</span>

Prostitution in Mexico is legal under Federal Law. Each of the 31 states enacts its own prostitution laws and policies. Thirteen of the states of Mexico allow and regulate prostitution. Prostitution involving minors under 18 is illegal. Some Mexican cities have enacted "tolerance zones" which allow regulated prostitution and function as red-light districts. In Tuxtla Gutiérrez, capital of the state of Chiapas, there is a state-run brothel at the Zona Galáctica(Galactic Zone). In most parts of the country, pimping is illegal, although pimp-worker relationships still occur, sometimes under female pimps called "madrotas"("Big Mothers"). The government provides shelter for former prostitutes.

Prostitution in Ecuador is legal and regulated, as long as the prostitute is over the age of 18, registered, and works from a licensed brothel. Prostitution is widespread throughout the country. Many brothels and prostitutes operate outside the regulatory system and the regulations have been less strictly enforced in recent years. 25,000 prostitutes were registered in the year 2000. In 2007 it was estimated that 70% of the prostitutes in the country were from Colombia. The country attracts Colombian prostitutes as the currency is the US$ rather than the unstable Colombian peso. UNAIDS estimate there to be 35,000 prostitutes in the country.

Prostitution in Bolivia is legal and regulated. It is only permitted by registered prostitutes in licensed brothels. Prostitutes must register and must undergo regular health checks for sexually transmitted diseases. The police are allowed to check whether the prostitutes are registered or not, and have attended a clinic during the previous 20 days.

Prostitution in Uruguay was legislated in 2002 through the sex work law (17.515). Before that, prostitution was unlegislated but it was not illegal, since the constitution allows any activity that is not forbidden by law. Prostitution is currently not a subject of debate.

Prostitution in Romania is not itself criminalized, although associated activities, such as procuring, are criminal offenses, and solicitation is a contravention punishable by fines.

Prostitution in Costa Rica is legal. Costa Rica's legal system is based on Roman law rather than common law, and so for prostitution to be illegal it would have to be explicitly stated as such in a penal code, and it is not. Nevertheless, many of the activities surrounding it are illegal, as the law forbids promoting or facilitating the prostitution of another, and therefore pimping, brothels, or prostitution rings are illegal. Prostitution is common and is practiced openly throughout the country, particularly in popular tourism destinations.

Prostitution in Paraguay is legal for persons over the age of 18, but related activities such as brothel keeping are prohibited. Prostitution is common in the country. Brothels are also common, even some rural villages have a small bar/brothel on the outskirts.

Prostitution in Argentina is legal under Federal law. Article 19 of the constitution states: "The private actions of people that do not offend in any way the public order and morality, nor damage a third person, are only reserved to God, and are exempt from the authority of the magistrates." Organised prostitution is illegal. In addition, individual provinces may place further restriction on the trade. For example, in San Juan, publicly offering sex services for money is punishable by up to 20 days in jail. In 2012, newspapers were banned from carrying classified-ads offering sexual services. UNAIDS estimated there to be about 75,000 prostitutes in the country in 2016.

Prostitution in El Salvador is not prohibited by national law, but may be prohibited by local municipal ordinances. Municipal ordinances may also prohibit the purchase of sexual services. Related activities such as facilitating, promoting or giving incentives to a person to work as a prostitute (pimping) are illegal. The prostitution of children is also illegal. Brothel ownership, however, is legal. There are no specific laws against human trafficking, but any criminal offence that includes ‘commerce in women or children’ requires sentencing to be increased by 30%.

Prostitution in Zambia is legal and common. Related activities such as soliciting and procuring are prohibited. UNAIDS estimate there are 9,285 prostitutes in the capital, Lusaka. Many women turn to prostitution due to poverty. Sex workers report law enforcement is corrupt, inconsistent and often abusive.

Prostitution in Uganda is illegal according to Uganda's 1950 Penal Code, but is widespread despite this. Many turn to prostitution because of poverty and lack of other opportunities. A study of Kampala teachers in 2008 showed that teachers were turning to prostitution to increase their income. A sex worker can earn around USh.1.5 million/= (£439 sterling) per month, whereas this would be a yearly wage for a secondary school teacher. There are many Kenyan prostitutes in the country.

Prostitution in Azerbaijan is illegal but common. Prostitution is an administrative offence and punishable by a fine. Keeping a brothel is a criminal offence and punishable by up to 6 years' imprisonment. In 2017 a draft law proposing to add heavy fines to the punishment for keeping a brothel was before the National Assembly. It has been estimated that there are 25,054 prostitutes in Azerbaijan, some of which are aged 15 to 18.

Prostitution in Libya is illegal, but common. Since the country's Cultural Revolution in 1973, laws based on Sharia law's zina are used against prostitutes; the punishment can be 100 lashes. Exploitation of prostitutes, living off the earnings of prostitution or being involved in the running of brothels is outlawed by Article 417 of the Libyan Penal Code. Buying sexual services isn't prohibited by law, but may contravene Sharia law.

Prostitution in Benin is legal but related activities such as brothel keeping and benefiting from the prostitution of others are illegal. UNAIDS estimates there to be about 15,000 prostitutes in the country. Most of these are migrants from neighbouring countries, mainly Nigeria, Togo and Ghana. Only 15% of the prostitutes are Beninese. Prostitution occurs on the streets, in bars, restaurants, hotels and brothels. With advent of the smartphone, many prostitutes use apps to make arrangements with clients.

<span class="mw-page-title-main">Prostitution in the Americas</span>

Legality of prostitution in the Americas varies by country. Most countries only legalized prostitution, with the act of exchanging money for sexual services legal. The level of enforcement varies by country. One country, the United States, is unique as legality of prostitution is not the responsibility of the federal government, but rather state, territorial, and federal district's responsibility.

The Asociación Nacional de Empresarios de Locales de Alterne (ANELA) is an association of businessmen involved in prostitution venues. It is located in Valencia and is aligned with the far-right, specifically España 2000. It is the main organisation related to prostitution and an important pressure group in its field.

The Association for the Prevention, Reintegration and Care of Prostituted Women or APRAMP for its acronym, is a Spanish organization created in 1984, dedicated to support the people who suffer sexual exploitation, forced prostitution and trafficking.

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Other sources

History

Literature

Migration