September 19, 2020

The National Court annuls the statutes of the union of prostitutes

The National Court annuls the statutes of the union of prostitutes


The Social Chamber of the National Court has declared the nullity of the Statutes of the Trade Union of Sex Workers (OTRAS) on the grounds that it is not admissible that the functional scope of action of a union includes activities that, due to their nature, can not be be the subject of a valid employment contract such as prostitution for hire or reward.

In a judgment, the Chamber partially upheld the lawsuits filed by the Commission for the Investigation of Ill-Treatment of Women and the Platform 8 of March in Seville, to which the Public Prosecutor's Office adhered, who argued at the hearing that the functional scope expressed in the statutes challenged was fraudulent because it meant the recognition of the work of prostitution exercised by another person, which would imply, in turn, recognize as lawful the activity of procuring, which is typified in the Penal Code.

For its part, the representation of the OTRAS union defended that its functional scope was that of "activities related to sex work in all its aspects", in addition to prostitution, which included activities such as those carried out by the employees of the hostess, the dancers erotic, porn actors and message centers.

Analyzed the situation, the judges argue that it is not possible under our law to conclude an employment contract whose purpose is prostitution as an employee, that is, "a contract under which the worker assumes the obligation to maintain relationships that the employer indicates to him with the persons that this determines in exchange for a remuneration ". The contract thus concluded "must be considered null," they add.

The Court explains that, as recognized by the defendant union, its statutes include "activities related to sex work in all its aspects", which includes both the activities of the hostess and the exercise of prostitution under the organicist field and rector of a third party "which as it has been said is not a valid object in the framework of an employment contract".

Illegality

"From the moment in which the statutory provision does not exclude such services from its functional scope, the illegality of it is manifest because, as the Prosecutor has pointed out, the consequences of its admission would be totally contrary to the legal system," the judgment.

The reasons for this illegality are based, stresses the Court, in that "it would imply giving labor a contractual relationship with unlawful object and admitting that procuring -activity that the State has committed internationally to eradicate- is a lawful activity, in addition to that would be like admitting, in turn, the right of pimps to create employer associations with which to negotiate working conditions and against which collective action could be taken ", a possibility, added the judges, which expressly disregards the Supreme Court.

The magistrates also argue that admitting the statutes would also mean assuming that, collectively, the defendant organization and the pimps and their associations can negotiate the conditions under which the activity of the persons employed in prostitution should be carried out. collective form, of a right of a very personal nature such as sexual freedom, understanding as such the right of every person to decide with which specific person you want to maintain a sexual relationship, at what time and the type of practice or practices that such relationship should consist".

Therefore, the Social Chamber of the National Court declares the nullity of the statutory provision where the scope of action of the union is determined, which entails, says the Court, the nullity of the statutes as a whole.

The judgment, against which it is possible to appeal before the Supreme Court, refuses to rule on the request of the plaintiffs to declare the dissolution of the union since this claim had to be processed in a different procedure, as established by the regulatory law of the social jurisdiction.

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