CAP reiterates its support to the Organic Law to prohibit pimping in all its forms
The Coalition for the Abolition of Prostitution calls on the Spanish MPs to adopt the Proposición de Ley Orgánica por la que se modifica la Ley 10/1995 para prohibir el proxenetismo en todas sus formas (Organic Law to prohibit pimping in all its forms) as soon as possible.
The bill registered on 19 March 2024 is identical to the one that reached the consensus between the two majority groups in the Congress of Deputies in 2022. We call for this consensus to be maintained, in order to respond to the emergency of providing access to justice and protection to women in prostitution, as well as to specifically combat trafficking in human beings for the purpose of sexual exploitation, which has reached disproportionate proportions in Spain.
Criminalisation of all forms of pimping (Art. 187), including the “tercera locativa” (brothel management) (Art. 187 bis);
Criminalisation of the purchase of sexual acts (Art.187 ter);
Decriminalisation of persons in prostitution (Art.187 ter);
Access to protection and assistance measures for persons in prostitution (First final provision);
This recognition of victim status gives access to an ambitious set of rights, including the provisions of the Victims’ Statute Law of 2015 and the Sexual Freedom Law passed in 2022. This package of rights includes, among others: financial assistance (access to the Renta Activa de Inserción), emergency medical assistance, psychological assistance, priority access to housing, right to information, professional reintegration programmes, police protection, information and support in the judicial field, reparation and compensation, and access to the victims’ reparation fund. The rights of the Victims’ Statute Law and the Sexual Freedom Law will also apply to foreign victims in an irregular situation.
As a complement, we call for the inclusion of two amendments that were proposed in the previous legislature, which would strengthen the impact of the law:
The establishment of an action plan on the following topics: awareness-raising, prevention, protection and comprehensive intervention with persons in a situation of prostitution or victims of trafficking for the purpose of sexual exploitation. This plan will be developed in collaboration with the Autonomous Communities, Local Entities, associations and organisations specialised in this area, as well as with the victims of trafficking for the purpose of sexual exploitation and prostitution. The implementation of this plan should be evaluated by a Monitoring Commission.
The development of awareness campaigns, especially aimed at the young male population, to discourage the demand for prostitution.
This bill is a historic opportunity for Spain to take a major step towards equality between men and women and against the sexual exploitation of women and girls, in Spain and in Europe. It would allow the implementation of an ambitious Abolitionist policy, placing Spain at the forefront of the fight against the system of prostitution and trafficking in human beings for sexual exploitation.
Now is the time for justice and protection for women in prostitution in Spain.
The European Parliament calls on Member States to implement all the components of the Abolitionist model on prostitution!
PRESS RELEASE
CAP International, a coalition of 35 grassroots and survivor organizations operating in 28 countries, which last year supported nearly 18,000 persons in prostitution, welcomes the adoption of the Report on the regulation of prostitution in the EU: its cross-border implications and its impact on gender equality and women’s rights, which will give become a European Resolution. This vote is a major victory for prostituted persons, as it recognises prostitution
as a form of violence and calls on EU Member States to implement all the components of the Abolitionist Model.
First, the EU Parliament states that prostitution is neither a form of work nor an individual choice, but a system of violence based on multiple patterns of discrimination: Prostitution is not an individual act whereby a person rents out their body for money, but rather an organized system for profit that is inherently violent, discriminatory and deeply inhumane and which operates like a business and creates a market where pimps plan and act to secure and grow their markets and where sex buyers play a key role in incentivizing them. (…) The Parliament emphasizes that the gender-specific nature of prostitution and its exploitation reflects and replicates the prevailing power relations; stresses that intersectional discrimination further exacerbates this power imbalance; underlines that the majority of people in prostitution are women, which widens the inequality gap between the genders; underlines, further, that prostitution and sexual exploitation are both a cause and a consequence of the unequal treatment of women and men, sexism, racism, ableism, poverty and social exclusion and replicate and perpetuate stereotypes about women and men and other genders and marginalised groups in general.
The EU Parliament calls for the adoption of the Abolitionist Model by adopting all its components.
First, the criminalisation of the purchase of a sexual act:The Parliament calls on Member States to ensure that it is punishable as a criminal offence to solicit, accept or obtain a sexual act from a person in exchange for remuneration, the promise of remuneration, the provision of a benefit in kind or the promise of such benefit.
The EU Parliament also calls for the criminalisation of all forms of pimping: The EU Parliament calls on Member States to ensure that procuring, hiring or enticing another person for the purposes of prostitution, as well as obtaining any profit from the prostitution of another person, are punishable as criminal offences;
The EU Parliament also calls for the decriminalisation of prostituted persons and their access to a comprehensive exit pathway, as implemented by Abolitionist organisations and countries such as France in particular: The Parliament calls on the Member States to take action in the areas of prevention, decriminalization of people and especially women in prostitution (…) Notes that the majority of women in prostitution would like to leave it and that, consequently, efforts should be made to promote alternatives and exit routes so that women who wish to do so have the confidence and support, including help from the state, to build a life free from violence and prostitution.
Finally, the EU Parliament strongly criticises the “sex work” approach implemented in Germany, Holland and Belgium, which decriminalises and normalises pimping and the purchase of sexual acts, and recognises the positive impact of the Nordic/Equality Model : The Parliament notes that the decriminalization of pimping and of the purchase of sex increases demand, empowers the demand side and normalizes sex buying; underlines that the stigmatization of people in prostitution nevertheless persists in this system; notes that only if demand is reduced can the number of those exploited in it, shrink. (…) The Parliament stresses that human trafficking for the purpose of sexual exploitation, including child sexual abuse, is increasing due to high demand (…) this is particularly visible in countries with a liberal regulatory model, whereas Member States such as France and other countries that follow approaches like the Nordic/Equality Model are no longer big markets for human, trafficking (…) highlights the (Nordic) model’s positive effects on the rights of people, in particular women, in prostitution, the normative effect in society and the fight against human trafficking.
Recognition of prostitution as a system of violence, call to criminalise the purchase of sexual acts and pimping, decriminalisation and support for persons in prostitution via the provision of exit pathways: the EU Parliament has just manifested a strong support for the widespread adoption in Europe of the abolitionist model in all its components, and a clear rejection of regulatory systems that decriminalise and legalise the entire prostitution system.
This decision is a step forward in terms of equality between women and men, social justice and the protection of minorities. This is a major victory for the Abolitionist movement and a clear call to Member States to adopt abolitionist legislation, as Sweden, Ireland and France have already done.
This is also a strong signal sent in the context of the ongoing procedure against the French abolitionist legislation at the European Court of Human Rights: The positive impact of the abolitionist model is recognised in Europe, and the majority of democratically-elected representatives of the European peoples subscribe to this model.
CAP International supports the What Prostitution Hides Campaign funded by the Fonds de solidarité pour les projets innovants, les sociétés civiles, la francophonie et le développement humain, of the Ministry of Foreign Affairs of France.
The campaign focuses on the main actors of the prostitution system who are often hidden or invisible: pimps, traffickers and sex buyers. It explains how women suffer from traumatization, exposes why it is so difficult to exit the system and presents how international human rights law has solved the issue. With these materials you will understand and be able to explain to others, WHAT PROSTITUTION HIDES, and be part of the solution.
The Sex Buyer – How it’s created, buying pornography and prostitution (click to view presentation)
2. Pimps and Traffickers – Techniques they use to keep women in prostitution (video)
3. Prostituted Women – Trauma and traumatization in the lives of two women (video)
4. Prostitution System – Human Rights Legislation to Abolish the System (click to view presentation)
SHARE TO BE PART OF THE CHANGE
Historical International Conference for the Abolition of prostitution in Spain
Global leaders and activists gather in Spain for the 2nd International Abolitionist Week
Release of “Last Girl First! Prostitution at the intersection of sex, race & class-based oppressions”, a study by CAP International
On March 22nd, CAP International released its research report “Last Girl First! Prostitution at the intersection of sex, race & class-based oppressions”.
This study is the result of a two-year long research covering 49 countries, mobilising more than 40 survivors of prostitution and trafficking for sexual exploitation, field experts working with prostituted persons & leaders of the communities most impacted by prostitution, it comprises more than 500 references.
The research explores the overrepresentation of women and girls from the most discriminated communities in prostitution. Everywhere in the world, Indigenous women and girls (First Nations, Maori, Adîvasî), those from the lowest castes (Dalits, Badi), those from ethnic/racial minorities (African American, Roma), migrant, displaced, and poor women are disproportionately targeted by the prostitution system.
The research goes beyond a simple analysis of the prostitution & trafficking systems in terms of sanitary risks as usually done and provides an intersectional approach to the systems of prostitution & trafficking for sexual exploitation. By tracing the roots of these systems, this study highlights the realities of prostitution & trafficking and the insidious way in which broad patterns of domination such as patriarchy, racism, colonialism, imperialism, classism, capitalism, war and militarisation shape them and lead to the sexual exploitation of one part of the population. This part of the population is the women’s political class and particularly women of colour and/or disadvantaged women. They are the ones who have been designated by society as “prostitutable”, having to satisfy the male demand for the exploitation of their bodies.
“The Last Girl” or “the Antyajaa” is a concept originally developed by Ruchira Gupta, a professor, journalist and the president and founder of the Indian NGO Apne Aap. It is rooted in anti-colonial and post-colonial struggles and in the vision of the liberation of the last born, Ambedkar’s Antyaj and Gandhi’s Antyodaya (from the words “Antya” and “Uday” meaning the “emancipation of the last ones”).
This research gives a platform to the voices of the “Last Girls”, the ones who suffer from systemic discriminations, who are primarily targeted by prostitution, the forgotten ones of national and international policies. It is a call to action for a more equal and just society.
CAP International pushing for the abolition of prostitution in Spain
Along with its Spanish members Feminicidio.net and the Comision para la Invistigacion de los Malos Tratos a Mujeres, the Coalition for the Abolition of Prostitution is increasing its efforts to push for the adoption of the Abolitionist model in the context of the debate on the Law of Sexual Freedom.
On the week of the 14th of March, CAP organized a 2nd Advocacy Tour in Spain, including the mobilization of a delegation of international experts, the co-organisation of a Parliamentarian event at the Congress, an intervention at the national radio and an official hearing of CAP Executive Director in the Equality Committee of the National Congress.
On the morning of 16 March, part of the CAP International delegation spoke on the Spanish national radio RTVE, the country’s main radio station. The delegation alerted to the very high danger for women refugees fleeing the war in Ukraine to be targeted by pimping networks, in particular in countries where prostitution is regulated, such as Germany.
On the 16th, CAP International co-organized with the International Abolitionist School and the Socialist Parliamentarian Group on Wednesday 16 a Parliamentarian event conference named “Neither sex, nor work: Abolition of Prostitution to protect the rights of all women workers!”.
The event featured several deputees of the socialist party, as well as an amazing panel of experts: activist, writer and survivor of prostitution Amelia Tiganus, unionist Sabine Reynosa, activist, writer and survivor of prostitution Rachel Moran, and Dr. in Psychology Ingeborg Kraus.
The inauguration of the event was carried out by Héctor Gómez (Spokesman of the Socialist Parliamentarian Group) and Andrea Fernández (PSOE’s Secretary General of Equality). “Sexual exploitation and prostitution are part of the same violence and domination structure with roots in the structural inequality between men and women”, stated Héctor Fernández, who announced the amendments presented by the socialist party to penalize all forms of pimping, including “Tercería Locativa”, and reasserted the “absolute commitment of the party with the abolition of prostitution”.
Introduced by Laura Berja, Socialist Group Equality spokesperson, the first part of the session was carried out by Amelia Tiganus (International Abolitionist School) and Sabine Reynosa (CGT France) on the concept of “sex work” as “an ultraliberal violation of the rights of all female workers”. Amelia Tiganus, activist, survivor and author of ‘La Revuelta de las Putas’, highlighted how prostitution is a matter of class and how society’s silence is the industry’s main ally: “Each time I say 60% of the women in prostitution in the wealthy Europe are Romanians, it breaks my heart, and we have to believe that what we are building now is a future for our daughters”. During her intervention, Sabine Reynosa reviewed the theoretical approach of considering prostitution “sex work” and argued against it: “To the law of the market we oppose the principles of inviolability and non-patrimoniality of the human body, which are the corollaries of the respect for the dignity of the person” and recalled that in France the Civil Code “establishes that the human body is inviolable, it is prohibited to make a monetary estimate and, with even more reason, to market it”.
The second part of the event, on the reality and consequences of prostitution, was introduced by Lidia Guinart, spokesperson for the State Pact against Gender-Based Violence of the Socialist Group. Lidia Guinart alluded to the women of Ukraine and recognized the situation of special vulnerability in which they find themselves: “in certain contexts associated with poverty and situations of manifest social, economic or even political vulnerability, the specter of trafficking and sexual exploitation of women and girls arises”.
Rachel Moran (SPACE International and author of ‘Paid For: my journey through prostitution’) narrated her experience in prostitution in Ireland and defended that what she saw during those years in her country was the same thing she has seen all over the world during these last years as an abolitionist activist. “We’re talking about poor girls, African-American girls, Eastern European women… what we see consistently is that it’s the most vulnerable and marginalized women who are being targeted by the sex trade”.
Finally, Dr. Ingerborg Kraus (psychologist, expert on psychotrauma), revealed the effects of the German model, which is “raising hell on earth” for women in Germany and welcomed potential Abolitionist measures in Spain, which would reinforce the abolitionist organizations in Germany to push for a change of the law, where “pimps and johns find their preferred model”. “We have two different models that were established almost at the same time, about 20 years ago, in Europe and we already know the results of each of the models. We no longer have to do any experiments in any country”, explained the psychologist.
The event was closed by Ms Susara Ros, Executive Secretary of the PSOE against Gender Violence, who also affirmed the determination of the PSOE to abolish prostitution.
The following day, CAP International Executive Director Jonathan Machler was invited by the Partido Popular to speak at the official expert hearings of the Equality Commission in the National Assembly (“comparecencias”), in order to express his views on the draft law of integral guarantee on sexual freedom.
CAP Exec. Director advocated for the inclusion of prostitution (and not only “trafficking”) as one of the forms of sexual violence that the law intends to fight, highlighting the intersectionality of the oppressions affecting women in prostitution:
“If prostitution is a “choice”, then it is a choice systematically made by women who are not given any choice. Whether it is obtained by physical coercion, or by socio-economic coercion, the sexual act obtained in the context of prostitution is always coerced. It is the complete opposite of sexual freedom. The repetition of sexual acts without physical desire, but experienced as a consequence of financial need, inequality or as an exploitation of vulnerability, constitutes in itself sexual violence”.
Jonathan Machler also criticized the dissociation between “forced” and “free” prostitution, present in the law:
“The dissociation – purely ideological, not based on any concrete reality – present in this draft bill, between “free” prostitution, which some want to call “sex work”, and “forced” prostitution, which would be called “exploitation”, is completely disconnected from reality. It is a gift to the pimps, who will just have to continue to pretend to have equal commercial relations, based on the services of renting, protecting, connecting, intermediating between “clients” and women in prostitution, who will be forced to present themselves as independent auto-entrepreneurs. Pimps are used to this, it is what happens absolutely everywhere where the myth of a free and independent prostitution is perpetuated, and where it is pretended to fight against trafficking. This law will not bother them at all.”
Finally, CAP Exec. Director recommended that the criteria of “exploitation of prostitution” should be replaced by a criteria of “situation of prostitution” regarding the 3 points mentioned in the law:
the repression of pimping,
the granting of rights to victims of sexual violence, by including victims of prostitution,
the objective of prevention and awareness-raising policies, particularly for men.
You can download the entire presentation in French, Spanish & English here:
Come & meet us (online) during the UN 66th Commission on the Status of Women (CSW)!
CAP International will participate in the NGO CSW Forum, a platform to promote the voice of feminist organizations at the international level with the objective of their inclusion in the UN negotiations for gender equality in the scope of the 66th session of the Commission on the Status of Women (CSW). It will take place from 14 to 25 March 2022.
PARALLEL EVENT: “Neither sex, nor work: abolishing prostitution to promote decent work”
While Member States will be discussing Women’s economic empowerment in the changing world of work – as CSW review theme, CAP International gathers Survivors leaders, Frontline NGOs, Trade unions & Member States Representatives to share their perspectives on best practices in the fight for decent work and access to dignified livelihoods through the elimination of prostitution systems and sexual exploitation.
Our panelist include: Ms Anna EKSTEDT, Ambassador of Sweden ; Mr Jean-Claude BRUNET, Ambassador of France; Ms Diane MARTIN, Survivor (Scotland), Member of OSCE/ODIHR International Survivors of Trafficking Advisory Council (ISTAC) ; Ms Esohe AGHATISE, Founder and Executive Director of Iroko Onlus (Italy, Nigeria); Ms Flora Whitfield, Survivor, Communications and Program Manager for Breaking Free (USA); Mr Josua MATA, General-Secretary of Sentro Union, Philippines; Dr Muhammad Hidayat GREENFIELD, Regional Secretary of International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tourism, Tobacco and Allied Workers’ Associations (IUF) Asia Pacific; Ms Sabine REYNOSA, Member of the Collective « Femmes-Mixité » of Confédération Générale du Travail (CGT), France. Moderation by Ms Claire GUIRAUD, Permanent Representation of CAP to the UN.
THEMATIC CONVERSATION CIRCLE: “The shadow war: impacts of Russian aggression on sexual exploitation of Ukrainian women”
As hundreds of thousands of women and children flee Ukraine after Russia’s aggression, the sex industry is already using war and vulnerability to bring them into prostitution. Come to learn & discuss with CAP members from the Baltic States about the situation and possible action.
Monday 21 March at 10m EST / 2pm GMT / 4pm EET
Moderated by Iluta Lāce, Marta Center (Latvia) & Eglé Puidokaite, Klaipeda Social and Psychological Support Center (Lithuania)
CAP International members mobilize to offer conversation circles in English, Arabic, French and Spanish to visitors to know more about CAP & share the realities of prostitution and the abolitionist model.
[English] Thursday 17 March at 9am GMT / 2:30pm IST / 8pm AEDT
Come and meet CAP members to discuss abolition
Moderated by Nozizwe Madlala-Routledge, Embrace Dignity (South Africa), in English
Supporting the adoption of the Abolitionist model in Spain: CAP International’s Advocacy Tour in Madrid and Catalonia
In the context of a promising move towards the adoption of the Abolitionist model, CAPInternational meets Spanish parliamentarians and NGOs
As Spain is shaken by an Abolitionist momentum driven by the civil society, the feminist movement and Abolitionist political champions, the International Secretariat of CAP International spent a week in the country within the scope of an advocacy tour organised by the International Abolitionist School.
On 13 October, CAP International participated in a conference called “Hacia la Ley Abolicionista de la Prostitución: Una propuesta desde el activismo global” (Towards Abolitionist Prostitution Law: a proposal from global activism), organised by the Parliamentarian group of the Spanish Socialist Party (PSOE currently in power) and the International Abolitionist School, in the Parliament in Madrid. CAP International along with prominent Abolitionist champions, such as activist and survivor leader Amelia Tiganus, Spanish MP Carmen Calvo, Executive Director of the International Abolitionist School Graciela Atencio and several political leaders from the PSOE, joined voices to call for the adoption of the Abolitionist model in Spain, the most protective and ambitious model for persons in prostitution and victims of trafficking for sexual exploitation.
CAP International participates in a seminar on Advocacy and good practices to support victims of prostitution at La Ciba
On October 14th CAP International intervened at a seminar focused on sharing expertise on Abolitionist advocacy and good practices to support victims of the prostitution system. The conference, organised by the International Abolitionist School, gathered various experts from civil society and took place at La Ciba, an amazing resources centre for women and a space for social economy, solidarity and feminism located in the municipality of Santa Coloma de Gramenet, an openly Abolitionist municipality in Catalonia near Barcelona.
Meeting with Núria Parlon, Mayor of Santa Coloma de Gramenetand Abolitionistchampion
CAP International had the opportunity to meet the Mayor of Santa Coloma de Gramenet, Núria Parlon, in order to discuss the feminist and Abolitionist policies she is implementing in her municipality. Ms Parlon is also the coordinator of the “Red de Municipios Libres de Trata” (Municipalities free from trafficking), an initiative gathering several municipalities working together to end the prostitution system and trafficking at a local level.
Participating in an Abolitionist march at La Jonquera
On October 16th Feminicidio, with other members of the Spanish Abolitionist movement, organised an Abolitionist march at La Jonquera, one of the hotspots for prostitution and trafficking for sexual exploitation in Europe. The protest, led by the survivor and Abolitionist leader Amelia Tiganus, confronted the pimps and sex buyers exploiting women in the brothel “Paradise” and demanded the immediate adoption of the Abolitionist model in Spain.
Spanish Prime Minister Pedro Sanchez pledges to adopt the Abolitionist model in Spain
Empowered by the Abolitionist momentum fostered by the massive and very dynamic Abolitionist movement in the country, Prime Minister Pedro Sanchez pledged to adopt the Abolitionist model in Spain at the occasion of the 40th Congress of the PSOE during the weekend. “Prostitution is one of the cruellest aspects of the feminisation of poverty and one of the worst forms of violence against women” stated Prime Minister Pedro Sanchez. The Spanish and International Abolitionist Movement will now work on supporting these dynamics in order to achieve this historical change in Spain and adopt an Abolitionist law.
CAP International Side Event on Championing the elimination of trafficking in human beings and the exploitation of prostitution
Championing the elimination of trafficking in human beings
and the exploitation of prostitution
Side event Parallel to 47th Human Rights Council & 79th CEDAW Sessions
Co-sponsored by France, Iceland & Sweden – In cooperation with OHCHR & OSCE/ODIHR
On the occasion of the 47th Regular Session of the Human Rights Council and the 79th Session of the Committee on the Elimination of Discrimination against Women in Geneva, CAP International gathers States, International organisations and Survivors leaders to highlight international human rights law and good practices to eliminate trafficking in human beings and the exploitation of prostitution.
Trafficking in human beings and the exploitation of prostitution constitute a serious violation of human rights. Most identified victims are women and girls, their sexual exploitation being the purpose of trafficking is linked to organised crime in most cases. The total number of victims has grown considerably following the unprecedented increase in migration and forced displacement, due to armed conflicts, persecution, human rights violations, and the outbreak of COVID-19.
6 months after the adoption of CEDAW General recommendation No. 38 on trafficking in women and girls in the context of global migration and 2 years after France and Sweden have developed a common strategy for combating human trafficking for sexual exploitation in Europe and globally, this event aims to create a platform to share lessons learned on efforts to eliminate sexual exploitation and to improve cooperation as well as to support advocacy, initiatives and the mobilisation of additional resources.
Panelists include:
Ms Anna JARDFELT, Ambassador, Permanent Representative of Sweden to the UN in Geneva
Ms Tserenchunt BYAMBA-OCHIR, Survivor, Founder and Director of Talita Asia (Mongolia)
Ms Dalia LEINARTE, Former Chair and member of CEDAW Committee
Ms Youla HADDADIN, Senior Advisor on Trafficking in Persons, OHCHR
Ms Tatiana KOTLYARENKO, Advisor on Anti-Trafficking Issues, OSCE/ODIHR
Ms Sandra NORAK, Survivor (Germany), Member of OSCE/ODIHR International Survivors of Trafficking Advisory Council (ISTAC)
Ms Anna EKSTEDT, Swedish Ambassador-at-Large for Combating Trafficking in Persons
Mr Jean-Claude BRUNET, French Ambassador-at-Large against Transnational Criminal Threats
Representative of Iceland
Ms Mickey MEJI, Survivor, Founder of Kwanele (South Africa)
Ms Delphine BORIONE, French Ambassador-at-Large for Human rights