Could entrepreneurs be called homeless who pick up cardboard in the trash and take it to the recycling plants? It is the comparison that this Wednesday has made Sara Vicente, one of the lawyers who requests the nullity of the statutes of the prostitutes union OTHER, during the trial hearing in the National Court, which has been seen for sentencing. The lawyer's response was negative. "It would be a sarcasm," he said, and says that defending prostitution as sex work or prostitutes as sex workers is exactly the same as thinking that a homeless person is a recycling entrepreneur.
"This union does not intend anything other than legalize prostitution as an employee Y establish a legal framework for procuring"Argued the lawyer. An argument shared by the Commission for the Investigation of Ill-Treatment of Women and the Platform 8 de Marzo de Sevilla -of the State Platform of Women's Organizations for the Abolition of Prostitution-, who filed the lawsuits on September 11 . The public prosecutor Benito Ejido agrees with this. In its arguments it indicates that the Organization of Sex Workers has been created "in fraud of law". As a legal consequence, they argued, the dissolution of the union comes to be empty of content and its deregistration; an inscription that the Government itself recognized as "a goal for the squad", in the words of the Minister of Labor, Magdalena Valerio.
Mariola Felipe, lawyer of Other, argued that prostitution is alegal in Spain, that the union defends women and "not the exploiters or entrepreneurs", and that it is not explained why it conflicts with the associations that have filed the claim: "The union is not founded by prostitutes [“o no solo”, matizó después] and sexual activity goes far beyond prostitution, for example the porn industry, massage centers, hostess bars or erotic shows. "
The lawyers in the lawsuit reminded her that "all these professionals are already regulated within other categories, such as actresses or waitresses or masseurs." Just before the hearing began, the judge asked Mariola Felipe if he wanted, keeping the professions indicated, to exclude prostitution from the statutes, something that she rejected. "Why has not prostitution been expressly excluded? [de estos estatutos]? "the prosecutor asked."Because it is intended to use this way to be legalized"
The lawyers of the women's organizations explained: "One thing is that in our societies there are niches of injustice and another that the contradictions of the social system are guaranteed by the normative framework, even when there is consent of the affected people".
The international and national legal order, according to the plaintiffs, collides with the objective of the organization Other. "The use of women in exchange for money," said Charo Carracedo, another lawyer for women's organizations. "Exploitation", riveted the prosecutor, who pointed to article 1.275 of the Civil Code – to be valid a contract must be its object- and the Penal Code: "In order for there to be exploitation, it suffices that profit or benefit be obtained from something, as in this case, and Article 187 punishes procuring. If a woman signed this contract, she would also be giving up, among others [como el derecho a la dignidad o a la igualdad], to his right to sexual freedom. "
The summary for the plaintiffs and the Prosecutor's Office is that it is a question of Human Rights. "There can not be a union in this area because it would legitimize the pimp as an entrepreneur." "Then what would happen? That pimps could decide the rates, the number of invasions that a woman can suffer … To set the criteria for productivity, right? No, there is no economic activity to obtain capital gains from the use of women's bodies, "said lawyer Carracedo.
For this Wednesday a second hearing related to Other: the lawsuit of L'Escola A. C. against the Ministry of Labor considering that the agency did not fulfill its function when it allowed the union to register, but it has been suspended until there is a final decision on the legality of the union's statutes.