July 26, 2021

The National Court annuls the statutes of the prostitutes union | Society

The National Court annuls the statutes of the prostitutes union | Society

The National Court has declared void the statutes of the trade union of prostitution OTRAS, believes that "it is not admissible that the scope of action of a union includes activities that by their nature can not be the subject of a valid employment contract such as prostitution on account alien. " Last monday, during the trial hearing, the lawyers of the plaintiffs – the Commission for the Investigation of Ill-treatment of Women and the Platform 8 de Marzo in Seville – and the prosecution warned that this text was "a way to legalize prostitution as an employee Y establish a legal framework for procuring"

Charo Luque, of the Sevillian Platform, believes that this is a "historic day for feminism in Spain". "That the Court has understood that there can be no employment relationship when what is at stake is the exploitation of women's bodies, speculation with them, sets an important precedent and makes us see that this has only just begun" .

That approach was the same as the argument of the public prosecutor Benito Ejido during the hearing, when he said that the Sex Workers' Organization had been created "in fraud of law" and said that as a legal consequence the dissolution of the union would come to remain empty of content and having to unsubscribe from the corresponding registry; an inscription that the Minister of Labor Magdalena Valerio recognized at the time as "a goal for the squad". The ruling explains that the procedure by which the challenge to the statutes was processed is not adequate to request the dissolution of the union. "… the claims to challenge the statutes of a union, and the dissolution of it, are not subject to be exercised jointly, as the actions to exercise them are not cumulative", according to the text.

In addition, the justice alleges that from the moment in which the statutes do not exclude prostitution from its functional scope, illegality is "manifest" and accepting it would be "totally contrary to the legal system" for several reasons. First, it would give labor status to a contractual relationship with an illicit purpose; also, he would admit that procuring [una actividad que el Estado se ha comprometido a erradicar] It is a legal business activity; It would also accept that pimps have the right to create employer associations with which to negotiate working conditions and against which collective action could be taken; and finally, it would be assumed that OTRAS and the pimps and their associations could negotiate the conditions under which the activity of the persons employed in prostitution should be developed, "arranging for this collectively a right of a very personal nature such as sexual freedom ", when it is understood as such the right of every person to decide who to maintain a sexual relationship with, at what time and the type of practice or practices that such relationship should consist of.


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