Prostitution in Spain
Encyclopedia
Prostitution in Spain is not addressed by any specific law, but a number of activities related to it such as pimping are illegal.
(Prostitución) was decriminalised in 1995. Prostitution itself is not directly addressed in the Criminal Code of Spain
. However exploitation such as Pimping is illegal.
The only article in the Code dealing specifically with adult prostitution is Artícle 188, which bans pimping:
Owning an establishment where prostitution takes place is not in itself illegal, 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 has no legal recognition.
Most places do not regulate prostitution, but the government of Catalonia offers licenses for persons "to gather people to practice prostitution".
These licenses are used by brothel owners to open 'clubs', where prostitution takes place (the women are theoretically only 'gathered' to work on the premieres not employed by the owner). Some places have implemented fines
for street prostitution.
(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.
(Guerena 2003, 2008)
In 1935 during the Second Republic
(1931-6) 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 Once the Dictatorship (1939–75) was established, this law was repealed (1941).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.
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.
Although democracy was restored in 1975
, it was not till the Penal Code revisions of 1995
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 (Valiente 2003).
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.
Meanwhile it thrives, and has prompted headlines such as El nuevo burdel de Europa (The New Brothel of Europe).
and the Immigration or Aliens Act (Ley de Extranjería de España) 2000.
study, 90% of sex workers are migrants. Of all countries studied, only Italy
had such a high percentage of migrant workers.
About 80% of these were Latin America
n (mainly from Ecuador
, Colombia
and the Dominican Republic
)
(see also Laura Oso, 2003, 2010), however this is changing rapidly due to arrival of Central Europe
an migrants (mainly Romania
and Bulgaria
) who now make up 25% compared to 50% from Latin America. There is also considerable cross-border traffic between Spain and Portugal
and France
. Equally, some 80% of Spanish national workers have worked outside Spain, mainly from economic necessity.
This needs to be appreciated in the overal context of Immigration to Spain
.
As in other countries in Western Europe, there is concern over the presence of migrant workers on the streets and claims that many of them were coerced. In 2008 the Spanish Government announced plans to aid women who had been trafficked.
Organisations working with migrant women, include Proyecto Esperanza
and shelters such as IPSSE (Instituto para la Promoción de Servicios Especializados).
while sex workers' rights organisations include Hetaira (Madrid),
as well as regional organisations such as SICAR Asturias
,
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
).
A demonstration is planned for November 6 2011 in Madrid, and a commmunique has been released setting out sex workers complaints and demands.
and the mistresses of the bourgeoisie and barraganas, the concubines of the clergy. (Harrison)
Goya (1746–1828) frequently commented on the place of prostitution in Spanish high society
such as satirising the church's involvement in the trade, for profit. Best known though are his controversial Maja
s.
Other examples are Murillo
's Four Figures on a Step and Picasso's Les Demoiselles d'Avignon
(illustrated).
In literature, Cervantes
discusses prostitution in Don Quixote, and the subject is found throughout 19th and 20th century Spanish literature.
Legal status
ProstitutionProstitution
Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
(Prostitución) was decriminalised in 1995. Prostitution itself is not directly addressed in the Criminal Code of Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
. However exploitation such as Pimping is illegal.
The only article in the Code dealing specifically with adult prostitution is Artícle 188, which bans pimping:
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.
Owning an establishment where prostitution takes place is not in itself illegal, 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 has no legal recognition.
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'.Most places do not regulate prostitution, but the government of Catalonia offers licenses for persons "to gather people to practice prostitution".
These licenses are used by brothel owners to open 'clubs', where prostitution takes place (the women are theoretically only 'gathered' to work on the premieres not employed by the owner). Some places have implemented fines
Fines
Fines is a municipality of Almería province, in the autonomous community of Andalusia, Spain.-Demographics:-External links: - Sistema de Información Multiterritorial de Andalucía [ Fines] - Diputación Provincial de Almería...
for street prostitution.
History
Prostitution was tolerated in Spain throughout the mediaeval period, until the 17th century and the reign of Phillip IVPhilip IV of Spain
Philip IV was King of Spain between 1621 and 1665, sovereign of the Spanish Netherlands, and King of Portugal until 1640...
(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
Isabella II of Spain
Isabella II was the only female monarch of Spain in modern times. She came to the throne as an infant, but her succession was disputed by the Carlists, who refused to recognise a female sovereign, leading to the Carlist Wars. After a troubled reign, she was deposed in the Glorious Revolution of...
(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.
(Guerena 2003, 2008)
In 1935 during the Second Republic
Second Spanish Republic
The Second Spanish Republic was the government of Spain between April 14 1931, and its destruction by a military rebellion, led by General Francisco Franco....
(1931-6) 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.
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.
Although democracy was restored in 1975
History of Spain (1975–present)
For all intents and purposes, the history of modern Spain began with the death of dictator Francisco Franco on the 20 November 1975, the accession of King Juan Carlos I to the throne and the establishment of the parliamentary monarchy...
, it was not till the Penal Code revisions of 1995
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 (Valiente 2003).
Public opinion
Opinion remains deeply divided in Spain over prostitution, and law reform has been in a political impasse for a long time.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.
Meanwhile it thrives, and has prompted headlines such as El nuevo burdel de Europa (The New Brothel of Europe).
Public policy
The key instruments in order of importance are the Penal Code (Código penal) (1822-)and the Immigration or Aliens Act (Ley de Extranjería de España) 2000.
Migrant workers
According to a 2009 TAMPEPTAMPEP
TAMPEP is an international organization that supports the health and human rights of migrant sex workers in Europe. Founded in 1993 with headquarters in Amsterdam, the organization initially operated in Italy, Austria, Germany and the Netherlands...
study, 90% of sex workers are migrants. Of all countries studied, only Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
had such a high percentage of migrant workers.
About 80% of these were Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
n (mainly from Ecuador
Ecuador
Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border...
, Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
and the Dominican Republic
Dominican Republic
The Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...
)
(see also Laura Oso, 2003, 2010), however this is changing rapidly due to arrival of Central Europe
Central Europe
Central Europe or alternatively Middle Europe is a region of the European continent lying between the variously defined areas of Eastern and Western Europe...
an migrants (mainly Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
and Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
) who now make up 25% compared to 50% from Latin America. There is also considerable cross-border traffic between Spain and Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. Equally, some 80% of Spanish national workers have worked outside Spain, mainly from economic necessity.
This needs to be appreciated in the overal context of Immigration to Spain
Immigration to Spain
As of 2010, there were 6.4 million foreign-born residents in Spain, corresponding to 14.0% of the total population. Of these, 4.1 million were born outside the European Union and 2.3 million were born in another EU Member State....
.
As in other countries in Western Europe, there is concern over the presence of migrant workers on the streets and claims that many of them were coerced. In 2008 the Spanish Government announced plans to aid women who had been trafficked.
Organisations working with migrant women, include Proyecto Esperanza
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)while sex workers' rights organisations include Hetaira (Madrid),
as well as regional organisations such as SICAR Asturias
Asturias
The Principality of Asturias is an autonomous community of the Kingdom of Spain, coextensive with the former Kingdom of Asturias in the Middle Ages...
,
AMTTTSE (Asociación de Mujeres, Transexuales y Travestis como Trabajadoras Sexuales en España, Málaga
Málaga
Málaga is a city and a municipality in the Autonomous Community of Andalusia, Spain. With a population of 568,507 in 2010, it is the second most populous city of Andalusia and the sixth largest in Spain. This is the southernmost large city in Europe...
) and CATS (Comité de Apoyo a las Trabajadoras del Sexo, Murcia
Murcia
-History:It is widely believed that Murcia's name is derived from the Latin words of Myrtea or Murtea, meaning land of Myrtle , although it may also be a derivation of the word Murtia, which would mean Murtius Village...
).
Spanish sex workers continue to be concerned about their lack of protection and in July 2011 petitioned the Minister of Health
Ministry of Health (Spain)
The Ministry of Health, Social Policy and Equality is the ministry of the Government of Spain responsible for proposing and implementing the Government's guidelines on health policy, planning and health care and consumer products as well as on Social Affairs The Ministry of Health, Social Policy...
(Leire Pajín
Leire Pajín
Leire Pajín Iraola is a Spanish socialist politician and the current Minister of Health, Equality and Social Policy in the cabinet led by Spanish Prime Minister José Luis Rodríguez Zapatero....
).
A demonstration is planned for November 6 2011 in Madrid, and a commmunique has been released setting out sex workers complaints and demands.
Social history
Prostitution in Spain was highly sectored, with at one end the damas cortesanas of high society,and the mistresses of the bourgeoisie and barraganas, the concubines of the clergy. (Harrison)
Sex work in Spanish culture
such as satirising the church's involvement in the trade, for profit. Best known though are his controversial Maja
Majo
Majo or Maja , also Manolo and Manola after the most popular names, were terms for people from the lower classes of Spanish society, especially in Madrid, who distinguished themselves by their elaborate outfits and sense of style in dress and manners, as well as by their cheeky behavior.They...
s.
Other examples are Murillo
Bartolomé Estéban Murillo
Bartolomé Esteban Murillo was a Spanish Baroque painter. Although he is best known for his religious works, Murillo also produced a considerable number of paintings of contemporary women and children...
's Four Figures on a Step and Picasso's Les Demoiselles d'Avignon
Les Demoiselles d'Avignon
He followed his success by developing into his Rose period from 1904 to 1907, which introduced a strong element of sensuality and sexuality into his work...
(illustrated).
In literature, Cervantes
Cervantes
-People:*Alfonso J. Cervantes , mayor of St. Louis, Missouri*Francisco Cervantes de Salazar, 16th-century man of letters*Ignacio Cervantes, Cuban composer*Jorge Cervantes, a world-renowned expert on indoor, outdoor, and greenhouse cannabis cultivation...
discusses prostitution in Don Quixote, and the subject is found throughout 19th and 20th century Spanish literature.
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 (Comanegra, Barcelona 2008).Other sources
- Rosemary Barbaret: Victimología y Prostitución UCLM 1995
- Celia Valente: The politics of prostitution: The Women's Movement, State Feminism and Parliamentary Debates in Post-Authoritarian Spain. Queen's University Belfast 2003
- Gemma Nicolás: Planteamientos feministas en torno al trabajo sexual (Jornades Drets Socials i Dones en la Globalització: per una nova ciutadania. Barcelona 2005)
- Rut González: Quality of life and interpersonal needs in prostitution. Sexologia Integral 2006
- A Hart. Buying and Selling Power: Anthropological Reflections on Prostitution in Spain (1998) Boulder, Colorado, Westview Press
- GUEREÑA, Jean-Louis. La prostitución en la España contemporánea. Madrid: Marcial Pons, Ediciones de Historia. SA, 2003, reviewed by Rafael Alcaide González in REVISTA BIBLIOGRÁFICA DE GEOGRAFÍA Y CIENCIAS SOCIALES (Serie documental de Geo Crítica)Vol. IX, nº 508, 5 de mayo de 2004
History
Legal
Literature
- Carmen Y. Hsu. Courtesans in the Literature of Spanish Golden Age (Kassel: Reichenberger, 2002)