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SPANISH LAW

Why Spain has decided not to ban pimping

The Spanish Parliament has rejected a draft bill by the ruling Socialists which proposed banning sexual procuring and toughening the country's prostitution laws. Why are both the left and the right against this sex work crackdown?

Published: 22 May 2024 16:23 CEST

Why Spain has decided not to ban pimping

Between 45,000 and 120,000 women work as prostitutes in Spain, according to different estimates. (Photo by OSCAR DEL POZO / AFP)

This is the second attempt by the Socialists to carry out this proposed bill, which was rejected by parties on both sides of the political spectrum.

Even the government’s junior coalition partner Sumar voted against the move, as well as the PP, ERC, Junts, PNV and EH Bildu.

The bill aimed to punish all types of pimping, essentially profiting from the procuring of prostitution of others.

Currently, only pimps (proxenetas or chulos in Spanish) that carry out intimidation and violence are punishable, but PM Sánchez’s party has argued that the current wording of Spain’s Penal Code has led to “total impunity for pimping”.

The aim was to expand upon article 187 of the Penal Code to imprison anyone who “promotes, favours or facilitates” the prostitution of another person “for profit”, with sentences of 3 to 6 years as well as fines.

This would be extended to a further 24 months in prison if violence, intimidation or deception were used and penalties of two to four years if pimping does not involve violence, even with the consent of the sex worker.

In addition, the PSOE wanted to be able to punish third parties who earn money for renting out properties for the purpose of pimping and prostitution with two to four years in prison and fines.

The Socialists also wanted to add an article so that those who pay for sex have a criminal charge. Anyone who agrees to “the practice of acts of a sexual nature in exchange for money or another type of benefit” is punished with a fine”, the bill read.

The majority of the political parties denounced the proposal arguing that it was an “electoral” initiative.

Gala Pin, the deputy of Sumar stressed that her party couldn’t vote in favour of a bill that she has called “quite tacky”. “It proposes absolutely no solution, no itinerary, no alternative measure, no economic proposal for labour support, absolutely nothing,” she argued.

A woman holds up a sign that demands the abolition of prostitution during a demonstration with the motto “The strength of women is the future of all” in Madrid in 2021. (Photo by OSCAR DEL POZO / AFP)

Other members of Sumar criticised the bill saying that it was incomplete and that it didn’t address the root of the problem. Many also believe it will criminalise sex workers place women who practice prostitution in situations of greater vulnerability, without being able to defend themselves.

The party led by Yolanda Díaz added that they were in favour of “persecuting coercive pimping” but saw “large gaps” in the PSOE law, which they do not consider comprehensive, because it does not address social and economic measures such as employability, housing or training. They don’t want to allow prostitution to be eradicated.

Sex worker María Nelly and spokesperson for Stop Abolition has requested that the government allow women to continue work in prostitution if it’s something they’ve chosen.

She argues that it doesn’t seem right that they are victimised or that their clients are seen as aggressors. Nelly also told Antena 3 that she does not approve of fines being issued to clients or to the places that provide them with safe spaces to carry out their sex work.

“The majority of girls who engage in prostitution do so freely and there are very few reports of pimping,” she stated on TV programme Espejo Público.

This is now the seventh time that proposed changes to prostitution laws have been rejected in parliament.

The last changes were proposed in June 2022 and aimed to further crack down on pimping and exploitation, and punish those purchasing sex, including harsher sentences if the victim is vulnerable or underage.

At the time, the PSOE said they would not make prostitution outright illegal, but rather the exploitative activities that surround it.

Critics of tougher prostitution laws such as those of Nordic countries argue that they lead to greater secrecy surrounding sex work, more police persecution and deportations, as well as housing problems since it can be interpreted that any property, even the home of a woman who carries out prostitution, is used by a pimp for profit.

It’s worth noting as well that Spain is among the largest ‘consumer’ of prostitution in the world (3 in every 10 Spanish men have admitted to sleeping with a prostitute) and the industry represents as much as 0.35 percent of the country’s GDP: €4.2 billion a year.

Between 45,000 and 120,000 women work as prostitutes in Spain, according to different estimates.

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INTERVIEW: 'A lot of people think Brexit is done, but it's not for Brits in Europe'

In the early days of 2021, after the United Kingdom had left the EU and completed the final stage of Brexit, many British citizens returned to their home countries in Europe only to face a grilling at the border.

Though the Withdrawal Agreement (WA) technically guaranteed their right to live and work in the countries they’d settled in before Brexit, there was widespread confusion about these fundamental rights and many were treated like new arrivals.

Over time, the chaos at the airports subsided as border officials and airlines were given clearer guidance on the treatment of Brits. But three years later, a number of Brits who live on the continent still face problems when it comes to proving their post-Brexit rights.

This was the reason campaign group British in Europe decided to set up their new EU-funded ICE project. Starting this year in March, it aims to build valuable connections between UK citizens abroad and mentor the next generation of civil rights advocates around the continent. The acronym stands for ‘Inform, Empower, Connect’ and the project’s organisers describe it as “the first project of its kind”.

“It’s a completely innovative project – especially the fact that it’s across so many countries,” Jane Golding, chair of British in Europe and one of the project’s founders, told The Local.

Bringing together groups from 11 EU member states, the project aims to train up volunteers to understand both the Withdrawal Agreement and EU Charter of Fundamental Rights, as well as learning skills like advocacy and communication, using real-life civil rights cases that are referred to British in Europe.

“The ultimate goal is to amplify the messages across the wider group,” said Golding. “You start with the volunteers, they go back to their groups, then the people that we train, they go back and train people. Then they pass on that knowledge to the wider groups, on their Facebook accounts and through social media, and hopefully it all snowballs, not just in their countries but across the EU.”

‘Far-reaching repercussions’

So many years after Brexit, it’s hard to believe that there’s still a need for a project like ICE that empowers Brits to protect their rights. Indeed, the future of groups like British in Europe and regional groups like British in Germany and British in Spain felt uncertain just a year or two ago.

But Golding says there are still serious issues cropping up for Brits in several countries around Europe – they just have a different quality to the problems that arose at the start.

“In some ways it’s needed even more because as we predicted right at the beginning, at the first stage of implementation, you’ve got the more routine cases,” she explained.

“What we’re seeing now is not as many cases, but when the cases come up, they’re complex. They can have such far-reaching repercussions on people’s lives. And of course, memories start to fade. A lot of people think Brexit is already done, but it’s not.”

Volunteers in British in Europe ICE project

The volunteers of the British in Europe ICE project pose for a photo at the kick-off meeting in Brussels on May 21st, 2024. Photo courtesy of Jane Golding

Though the rights set out in the Withdrawal Agreement apply across the continent, different countries have taken different approaches to implementing them.

That means that while in Germany, for example, UK citizens simply had to declare that they lived in the country, people in neighbouring Denmark had to apply for their rights.

This led to a notorious situation in Denmark in which as many as 2,000 Brits were threatened with deportation after not applying in time or completing the right application process. According to Golding, this had a lot to do with the fact that people who arrived in 2020 weren’t given the same information as other UK migrants who arrived before.

In Sweden, meanwhile, the situation is still difficult for many Brits who lived there prior to Brexit.

“There have been issues with an anomalously high numbers of refusals compared to other countries, and they seem to be taking a very strict approach on late applications,” Golding explained.

Portugal has been another difficult case. Although the country opted for a declaratory system where Brits could simply exchange old residence documents for a new ID card after Brexit, reports suggest that the authorities have taken years to issue these cards, leaving many of the some 34,000 Brits in the country in limbo.

“While people are still waiting to have their status confirmed and have their card in their hand, it’s difficult to access a whole range of services, like health services, or applying for jobs or dealing with the authorities, or even going to the bank,” Golding said. “All of these problems just affect people’s lives.”

A French border guard checks a passport at the border

A French border guard checks a passport at the border. Photo by DENIS CHARLET / AFP

There are also concerns about the EU’s new exit and entry system (EES), due to come into force in October, which is based on biometric documentation.

“We still do not have clear data on how many people in declaratory countries like Germany, where it wasn’t compulsory to apply for the card, don’t actually have a card,” Golding said. “How is that going to play out if it’s a document-based digitalised system?”

A lack of support

In the immediate aftermath of Brexit, funding from the UK’s Foreign, Commonwealth and Development Office (FCDO) was still available to support NGOs in Europe helping Brits with their migration and civil rights issues. But that temporary funding soon expired, leaving groups like British in Europe largely on their own.

“The whole point is people’s lives change at very different paces,” Golding said. “And now this project is really going to start to pick up some of those cases and report on those issues, which is really crucial and exciting for the precedent that it sets, and it’s very clearly necessary still, because people don’t just sort their lives in the 18 months that the FCDO chose to supply that funding.”

This feeling of being left alone and increasingly isolated from the UK is one that many Brits in Europe have felt in the aftermath of Brexit. But the upcoming UK election on July 4th could be a game-changer.

This time, following a change in the law, Brits who have lived abroad for more than 15 years will be able to vote for the first time.

Polling station in the UK

A polling station in the UK. Photo by Elliott Stallion on Unsplash

When it comes to the election, the message from British in Europe is clear: “Make your voice count now, make your vote count, make sure you use it,” Golding said.

With the June 18th registration deadline fast approaching, BiE is advising UK citizens abroad to apply for a proxy vote as soon as possible, rather than relying on a postal vote from abroad. Since the 15-year rule was abolished on January 16th, more than 100,000 British citizens have registered to vote, according to official statistics. It is unclear how many were registered before the change in the law.

With an estimated 5.5 million Brits currently living abroad – 1.3 million of whom are in the EU – this could have a significant impact on the electoral landscape, Golding says. But most significantly, the change is creating a feeling of connection and belonging that wasn’t there before.

Nurturing this sense of belonging is one of the main goals of ICE.

With these bridges being built, British in Europe hopes to create a network of support that spans across borders.

“Now we’ve met. We’re going to meet,” said Golding. “We know we’re going to meet again in Berlin in October and then we’ll meet again in the new year in 2025 as well. It means a huge amount because even British in Europe, our steering team, we’ve only met physically three times.”

This opens up the possibility of people sharing their knowledge from country to country, Golding explained.

“There is crossover and the reassurance of having that EU wide view and knowing that you’re not alone and knowing that in this country, we managed to get this solution,” she said. “And then you can go back and say to the authorities in your country, well, in that country they did that – all of that helps. It’s really good.”

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