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PROSTITUTION

‘Give prostitutes the right to sue fee dodgers’

Federal Councillor Andrea Caroni is calling for prostitutes to be entitled to take action for unpaid fees.

'Give prostitutes the right to sue fee dodgers'
Kuzma (File)

According to the centuries-old civil code, contracts that are contrary to good morals are deemed invalid.

This has traditionally made it impossible for prostitutes to take action when one of their customers refuses to pay, online news website 20 Minutes reported.

“A man can say in court, yes, I have used the lady’s services – but that was all dirty and immoral, so I’m not paying. And the court must let him off,” Liberal Councillor Caroni told the website.

However a discrepancy exists in that, although considered by some to be “contrary to good morals,” prostitution has been legal in Switzerland since 1942. Switzerland also recovers taxes from those working in the trade.

The law does not set out explicitly what is meant by “good morals” and it is therefore up to the courts to interpret the provision accordingly. Caroni points out that the text was first drafted at a time when social mores and morality were very different from the practices of today.

It is thought that most customers do pay up, perhaps in fear of retribution from the prostitute’s pimps, but many women work alone and are vulnerable to abuse by punters.

While it is unclear how many women this affects, Liberal Councillor Caroni believes it is time to call a halt to such double standards.

“The time is ripe to give prostitutes a legal claim to their agreed wage,” Caroni said.

The reform is backed by other Liberal Councillors, as well as by the Social Democratic member of the Law Commission Jean-Christophe Schwaab and Green Party member Daniel Vischer.

But Swiss People’s Party member Natalie Rickli opposes the action, believing prostitutes should be responsible themselves for collecting their wages.

“They could simply ask for an advance,” she said.

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PROSTITUTION

Spain’s top court reinstates first sex workers’ union

Spanish sex workers have the right to form their own union, the Supreme Court ruled Wednesday, overturning an earlier court decision ordering the dissolution of Spain's first such labour organisation.

Spain's top court reinstates first sex workers' union
Photo: Oscar del Pozo/AFP

Known as OTRAS (or “the Sex Workers’ Organisation”), the union was discretely set up in August 2018 but was closed three months later by order of the National Court following an appeal by the government of Socialist Prime Minister Pedro Sánchez.

But following an appeal, the Supreme Court ruled in favour of OTRAS, saying that its statutes, which had triggered the initial legal challenge, were “in line with the law” and that sex workers “have the fundamental right to freedom of association and the right to form a union”.

In its November 2018 ruling, the National Court had argued that allowing the union to exist amounted to “recognising the act of procurement as lawful”.

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Contacted by AFP, the union did not wish to comment.

When it was founded, OTRAS received the green light from the labour ministry and its statutes were publicly registered in the official gazette the day before the government went into a summer recess.

But three weeks later, the government — which portrays itself as “feminist and in favour of the abolition of prostitution” according to Sanchez’s Twitter feed at the time — started legal moves against it.

In Spain, prostitution is neither legal nor illegal but it is tolerated.

Although it is not recognised as employment, there is a large number of licensed brothels throughout the country.

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