Prostitution In The Administrative Field

Prostitution in the administrative field

Introduction

In the Spanish legal system we can find three opposing priests in regard to the legislative scope of prostitution;the abolitionist position, the regulationist or legalizing and finally, the prohibitionist tendency. Within the criminal field we can find an abolitionist tendency, whose clearer demonstration is found by article 187.1 of the CP that regulates the figure of pimperism, after its reintroduction with the reform of LO 11/2003 of September 29. This considers prostitution as gender violence and directly relates it to human trafficking, understanding prostitutes as victims. 

Developing

The ultimate goal of this position is to eradicate prostitution, that is, it understands that the entire environment that makes it possible except prostitutes should be punished for considering victims. Behaviors are punished for behavior that is atypical in itself, which questions which is the protected legal good. With regard to administrative sphere and what we are going to focus on, we can see a tendency towards soft prohibitionism. This position understands that the client and prostitute should be sanctioned both. There is also a third position in relation to prostitution, regulation or legalizing. 

This considers prostitution as a work activity and therefore prostitutes as sex workers, rejecting the direct relationship with human trafficking. Although this position has no demonstration within our legal system is defended by a large part of the doctrine, groups of sex workers and important feminist sectors among others.

The first manifestation of soft prohibitionism that we find in the absence of state and autonomic regulation in the field of prostitution, is the ordinance to promote and guarantee citizen coexistence to the public space approved in Barcelona in 2005. 

After this, many others arose in different places such as Seville that was a turning point, since a regulation was approved that corresponded to a neoabolitionist model. In the same year in Barcelona, the 2009 road law reforms through Law 10/2011 of December 29, simplification and improvement of normative regulation. Within this Law in Chapter 5 Modifications of the Consolidated Text of the Road Law approved by Legislative Decree 2/2009 of August 25 in article 171 the article of 56 is modified.6 of the consolidated text of the road law to which a letter is added:

Temporarily occupy the public domain, servitude and affectation zones to make uses and activities related to the provision of services of a sexual nature in them. And article 172 of modification of article 58 of the previous road law a section is added: 58.3. They are responsible for the infractions for the temporary occupation of the public domain, servitude and affectation zones to make uses and activities related to the provision of services of a sexual nature, both the person who offers the provision of these services and theperson who requests or accepts them.

That is, given the lack of security in the field of security by the Autonomous Communities, exclusive to the State (ARTICLE 149 CE), Barcelona, in this case, took advantage of the competence in road safety granted by article 84.1 of the Traffic Law to punish these behaviors in the field Catalan and state -owned roads. This issue is definitely assimilated with LO 4/2015 of March 30 of Citizen Security Protection. Regarding the scope of prostitution, they are regulated in articles 36.11 In relation to article 39 (sanction) and 37.5 of said law.

36.eleven. The application or acceptance by the demanding sexual services paid in public transit areas in the vicinity of places for their use by minors, such as educational centers, playgrounds or leisure spaces accessible to minors, or when these behaviors, byThe place where they are performed can generate a risk for road safety. Authority agents will require people to offer these services to refrain from doing so in these places, informing them that the non -observance of said requirement could constitute an infraction of paragraph 6 of this article.¨

 37.5. The realization or incitement to the realization of acts that threaten sexual freedom and indemnity, or execute acts of obscene exhibition, when it does not constitute criminal infraction. On the one hand, the application conduct or acceptance by the plaintiff of these services with a penalty of up to 30 is punishable.000 euros, that is, considering it a serious infraction. On the other hand, when it comes to prostitutes, first those that perform sexual services in public transit areas or places for the use of minors, they will receive a notice from the agents of the authority to abandon this behavior.

In the opposite case, they may constitute an infraction of disobedience or resistance to authority. Second, these subjects can be punished for a mild infraction under the determination of the performance of obscene exhibitionism acts. Another important issue is the lack of labor and administrative regulation in regard to prostitution, with only a minimum regulation in the alternate relationship. This difference is due to the fact that only in the alternate activity it is considered that the necessary conditions to affirm the existence of a labor relationship are met. Not considering prostitution as a employment relationship.

A job prevents the syndication of people who offer this service. In relation to immigration, we must consider the great impact and importance of this process in the exercise of prostitution. As soon as we must take into account that this migration process may be due to two situations. On the one hand, it can be given voluntarily, migrate with the purpose of prostituting to improve their living conditions. On the other hand, migrate voluntarily, but under deception, that is, without knowing what it is to prostitute (human trafficking). Both options accommodate the two theories (abolitionists and regulation). 

With this lack of regulation in both cases, what is achieved is not to have the necessary job offer in your country of origin, as we find in the 4/2000 on the rights and freedoms of foreigners in Spain and theirsocial integration. Both options are currently constitutive of crime. Prostitution voluntarily for an illegal foreign person is a sanctionable infraction with the expulsion of the country. In the case of human trafficking, the victim is offered, in a situation of irregularity, the possibility of denouncing and collaborating with justice so that the expulsion or return file is not initiated.

Offering for this a period of restoration and reflection to make said decision. As we can see on this map, in Europe there is no harmonization in terms of prostitution regulation. Referring to any of these countries, we wantedA specific registration and go through mandatory medical controls. We are therefore before a neo-regulation model.

On the other hand, secondly we wanted to mention the Netherlands where prostitution is legal since 2000, regulating it as a work activity. In the same legalizing line, there is Germany, which has one of the most liberal models. On the other hand, some countries in which prostitution is punished are Sweden, Norway or France, punishing only customers and therefore, with an abolitionist model. Finally, other countries such as Portugal or Italy, are in the same situation as Spain, is not entirely regulated. We can see notoriously how there are clear contradictions between our Criminal Code and the rest of the legal system.

conclusion

We can say that there is a kind of legal limbo or legal vacuum in voluntary prostitution matters. Although prostitution is not regulated, we can see how in our country, in our Criminal Code and Municipal Ordinances if certain behaviors are punished within this area. We see this in crimes such as pimping and trafficking in persons or laws, such as the Citizen Security Law. This absence of legislation translates into areas of legal indeterminacy that are supplied with extensive interpretations or processes resolved through analogy. Aspects that add to the expansion of prostitution and the absence of guarantees for the voluntary exercise of the same.