The Congress of Deputies voted this Tuesday in favor of initiating the parliamentary process of a PSOE initiative that modifies the Penal Code, in the articles that affect the practice of prostitution, in a radically abolitionist sense. With the votes in favor of the socialists themselves, the PP and Podemos but not the ‘comuns’, favorable to a regulation of this activity, it is intended to penalize pimping, without requiring that a relationship of exploitation be demonstrated as is already the case now with scant results, as well as, for the first time, the management of premises where prostitution is exercised and the action of agreeing to a sexual relationship in exchange for money from the client. In practice, although in no case is it contemplated penalizing whoever prostitutes, a battery of measures that implies the prohibition of this activity.
The abolition of prostitution has historically been a goal of the feminist movement, which has always seen it as a form of oppression and exploitation, even when there is formal consent on the part of the prostituted person. It is, of course, flagrantly so in all cases where trafficking, intimidation, coercion, violence, child abuse or taking advantage of the victim’s economic vulnerability is present. And this is reflected in the UN Vienna declaration, which includes “forced prostitution” as one of the manifestations of sexual violence against women. But not even when there is the explicit will the relationship of dependency between prostituted or prostituted, client and, eventually, pimp, supposes a model to normalize under the concept of «sex work» as advocated by regulationist positions. Not because of an attitude of moral objection towards freely consented sexual relations, but because of defense of the dignity and rights of the prostituted personwith their personal autonomy called into question and subject to serious consequences on their physical and mental health.
The regularization, such as the one proposed by the deputies of the ‘comuns’, for example, can bring to light hidden situations and facilitate the care of people integrated into the prostitution system. But it can also make it easier camouflage cases of exploitation as regulated situationsand legitimize and normalize prostitution (putting into question one of the ways to combat the perpetuation of a culture of sexual domination, the awareness of potential users, especially the youngest).
But when it comes to modifying the existing legal framework, it is not a question of approving the initiatives that serve to more clearly present to the electorate the image of ideological commitment in this cause, but rather those that are most effective in moving towards the disappearance of this immense network that has as active accomplices to hundreds of thousands, if not millions, of citizens, and at least 45,000 women and men in prostitution. no offer training and job placement alternativesnor regularization formulas for the vast majority of prostituted people who have in their situation of illegal residence in Spain the instrument that places them in a situation of defenselessness, and without developing a job of awareness to reduce demand, the ban may end up being a push to corner this activity in more clandestine settings where exploitation is simply more invisible. Little to do, if so, with the aim of moving towards real and effective abolition.