Spanish PSOE Proposes Law Outlawing All Paid Sex Work & Pornography

Spanish sex workers and adult industry figures are raising concerns over a new law proposed by the ruling PSOE (Socialist) party and supported by opposition parties, which aims to outlaw all forms of paid sex work, including commercial pornography. The proposed legislation seeks to reintroduce crimes previously removed from the Penal Code and includes a new section specifically targeting audiovisual and internet content.

Proposed Legislation and Scope

Last week, the ruling Spanish Socialist Workers' Party (PSOE) introduced a proposal for an “abolitionist law against sexual exploitation.” This initiative had been anticipated on the party's platform. The draft legislation includes a new section, 187, which explicitly outlaws audiovisual productions, magazines, or internet content deemed “pornographic,” as reported by the El Español newspaper.

The proposed law also seeks to revive the crimes of “proxenetism” (pimping or pandering) and “tercería locativa” (brothel keeping). These crimes were removed from the Spanish Penal Code in 1995 by a previous Socialist administration. The language used by the PSOE in the proposal exclusively employs the Spanish feminine term “prostituta,” which is described as both stigmatizing and criminalizing, and essentializes sex work as a female occupation. The law further conflates legal minors with the broader category of “persons in situation of vulnerability.”

Political Support and Advocacy

Prominent Socialist politicians within the PSOE, which took power in 2019 after several years of conservative rule under the Partido Popular (PP), have made the abolition of sex work a personal cause. Among these is the party’s General Vice-Secretary, Adriana Lastra. Last month, Lastra promoted a change in the Spanish Penal Code to mandate up to three years of jail time for anyone paying for sex. Lastra framed this effort as an attempt to garner cross-party support, expressing hope that both the conservative PP and the left-wing minority alliance, Unidas Podemos, would vote for the proposal.

The Prime Minister of Spain, Pedro Sánchez, announced his personal commitment to “abolish prostitution” on October 17th during his party's congress. This announcement prompted the European Sex Workers’ Rights Alliance (ESWA) to launch its Briefing Paper, ‘Don’t outlaw sex workers’ consent!’, on November 5, 2021.

Concerns from Civil Society and Human Rights Organizations

The ESWA Briefing Paper, written by Julia Natri, is endorsed by 11 European civil society networks. These organizations are experts in human rights, anti-trafficking, migrants’ rights, anti-racism, HIV, sexual health and reproductive rights, and LGBTI rights. They have expressed concern about the attempt to invalidate the consent of sex workers in Spain and the potential impact of criminalization on sex workers’ human rights.

The signatory organizations of the Briefing Paper firmly oppose the criminalization of sex work, including sex workers, clients, or third parties. They state that the criminalization of sex work is globally recognized as increasing the vulnerability of sex workers to violence, exploitation, and HIV. Furthermore, they argue that criminalization is inconsistent with a women’s rights and feminist approach, as it denies the capacity for action and decision-making to a social group predominantly made up of women. The organizations contend that using criminal laws to address sex work does not support sex workers and does not protect actual victims of human trafficking.

Key Facts

• Spanish politicians from the ruling PSOE and opposition parties are supporting a new law to outlaw all forms of paid sex work, including commercial pornography.
• The proposed legislation includes a new section, 187, explicitly targeting audiovisual productions, magazines, and internet content deemed “pornographic.”
• The law seeks to revive the crimes of “proxenetism” and “tercería locativa,” which were removed from the Penal Code in 1995.
• PSOE General Vice-Secretary Adriana Lastra has advocated for up to three years of jail time for individuals paying for sex.
• Prime Minister Pedro Sánchez announced his personal commitment to “abolish prostitution” on October 17th.
• The European Sex Workers’ Rights Alliance (ESWA) and 11 other European civil society networks oppose the criminalization, citing increased vulnerability for sex workers.