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Spain’s Government Fails in Attempt to Abolish Sex Work

LEGAL NEWS STRAIGHT

Spain’s Socialist Party (PSOE) suffered a significant defeat on Tuesday in its attempt to recriminalize sex work. A controversial bill promoted by Prime Minister Pedro Sánchez’s government failed to gain parliamentary support, marking a pivotal moment in the ongoing debate over sex work in Spain.

The proposed “Abolition of Prostitution” law was met with strong opposition from sex workers, sex worker rights groups, and the local adult industry. Despite the traditionally left-leaning PSOE’s efforts, they failed to secure the necessary backing even from their ruling coalition allies and the right-leaning People’s Party (PP). A critical mass of PP parliamentarians withdrew their support, resulting in a decisive 122 votes in favor, 184 against, and 36 abstentions.

The breakdown of the vote was as follows:

  • 122 in favor (from PSOE, Ábalos, and CC)
  • 184 against (from PP, Sumar, ERC, Junts, and PNV)
  • 36 abstentions (mainly from the “new right” Vox party)

Critics of the proposed law cited several concerns:

  • The absence of an exit path for sex workers.
  • An emphasis on punishing facilitators and clients, following the Nordic Model’s approach.
  • The potential for increased marginalization and criminalization of sex workers.

Laura Berja, the spokesperson for the PSOE’s Equality Commission, had stated unequivocally last year, “We must abolish prostitution because it is incompatible with human rights.” Despite such firm stances, the defeat of the bill highlights a growing rift within Spain’s ruling coalition.

According to El Mundo, the bill’s defeat holds “symbolic weight” and signifies a potential fracture within the coalition, possibly endangering the PSOE’s hold on power.

Spanish sex workers have been vocally opposing Sánchez’s campaign, which they view as marginalizing and criminalizing their profession. They argue that the bill would have worsened their working conditions and increased their vulnerability.

“They ignore the voice of sex workers,” activists told the Spanish press in December. “They ruin us, they make us lose autonomy and they send us into a clandestine world. How the hell is this helping reduce crime activity in our work life?” They also accused the PSOE government of “institutional violence” against them and demanded an end to the “harassment and criminalization” of their work.

Sex workers have found unlikely allies in libertarian members of the conservative PP, who oppose the bill on personal freedom grounds. Inés Olaizola, a penal law academic at the Universidad Pública de Navarra, criticized the PSOE’s approach, saying it removes agency from women who work as prostitutes by classifying all prostitution as “exploitation.”

Barcelona-based director and producer Erika Lust warned that the PSOE’s call for the abolition of all profit from prostitution could threaten porn production. “What is presented as an effort to stop exploitation and violence ends up being the main source of violence, precariousness, and lack of protection for all sex workers,” she said.

European director, performer, and sex work activist Paulita Pappel emphasized the rise of conservative influence in Spain, leading to the suppression of voices and erosion of fundamental human rights. She noted that laws requiring age verification and banning online advertising for sexual services push sex workers into precarious situations.

“This is leading to the suppression of voices and erosion of fundamental human rights,” Pappel noted. “The pretext of protecting children online is being used to target sex workers, restricting their tools and subjecting them to discrimination. We need to oppose these measures and advocate for decriminalization. We must fight back.”

The failure of the PSOE’s bill to recriminalize sex work in Spain marks a significant moment in the ongoing struggle for sex worker rights. As the debate continues, it is clear that the voices of those directly affected by these laws will be crucial in shaping future legislation.

The defeat of this bill underscores the need for policies that genuinely protect and empower sex workers rather than marginalize them further.


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