SEX WORK IN EUROPE. A HUMAN RIGHTS APPROACH by Verónica García Herrero

Faculty of Social Sciences

End of the Degree Project Degree in International Relations

Sex Work in Europe: a human rights approach.

Author: VerĂłnica GarcĂa Herrero. Tutor: Rut Bermejo. Madrid. 8th May 2017.

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero

To Javi and Paula. Thanks to the Hetairas of Madrid, For your courage in times of cowards.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero

INDEX Introduction……………………………………………………………………………....5 I. Conceptual framework: what is sex work?...................................................................................................................................8 1.1.From Hetaerae to sex workers………………..............................................................................9 1.2 .The Other…………………………………………………......................9 1.3.The Ninguna Mujer Nace para Puta Project……......................................................……………………...............11 1.3.1. María Galindo and Sonia Sánchez……………………………......12 1.4. Autonomous sex work, smuggling, trafficking. Are the same?.…..........13 1.4.1. Prostitution and sex work: terms are important.........................13 1.4.2. Not everything is trafficking……………………………..........14 1.5. Bodies and Labour………………………………...................................16 II. Who are the actors involved?......................................................................................18 2.1. Division in the feminist movement: pro-rights and abolitionist….........19 2.1.1. Abolitionists…………………………………………….........19 2.1.2. Pro-rights…………………...……………...............................20 2.2. Clients……………………………………………..................................22 2.3. Business owners…....…………………….……......................................24 2.4. Sex workers……………………………………......................................26 III. How sex work in some European countries and positions of some international organizations…………………………………………………………………………........29 3.1. Sweden and the so-called Swedish Model………...................….............29 3.2. The Netherlands…………………………………....................................30 3.3. Germany…................................................................................................31 3.4. Anti-trafficking…………………………………………………..............32 3.5. Amnesty International………………………………………....................33

Sex Work in Europe: a human rights perspective | Verónica G.Herrero 3.6. United Kingdom and the situation of migrant sex workers……............................................................................................................................38 3.7. The French State…………………………………………….....................39 3.8. 2001: Luxembourg Court of Justice sentences on Legitimacy of sex work……………………………………………………………………………………….....40 3.9. GDP and 2010 sentence………………………………………..................41 3.9.1. The sums don´t add up……………......…………………..............41 IV. Trafficking………………………………………………………………………............42 4.1. What does the International Labour Organization dictate?........................43 4.2. The reality of forced labour, trafficking and modern slavery….................44 Conclusions…………………………………………………………………………..............47 Bibliography…………………………………………………………………………............53 Anex..........................................................................................................................................57

Sex Work in Europe: a human rights perspective | Verónica G.Herrero

INTRODUCTION

In the following pages, I am going to develop what to me has supposed an exciting challenge: to study, understand and theorize about the phenomenon of prostitution from each of its axis. Moreover, try to do so with the most humble of the intentions, since my perspective is one of a university student who has never been in touch with sex work circles, therefore I recognize my observer position in this debate. Nevertheless, the motif of my decision is to give voice to those who are never listened to, sex workers. When attending debates about sex work I have noticed the absence of representation sex workers have, because, in most of the cases, they are not invited to the conversation, even though they are the main subjects. By the end of 2016, I witnessed the increasingly intense debate about topics closely related to sex work, and I followed those conversations from a distance, which gave me time while I instructed myself on those kind of topics no one really knows what to say about. Sex work, prostitution, trafficking…Among my feminist colleagues those words seemed to mean the same, and I slightly began to understand that outside and even inside the feminist circles sex work is still a taboo. As María Galindo said, “prostitution is a fundamental mirror for all women in the world, it is an unresolved matter for all political systems, all ideologies, all societies and all institutions ever”1. The prostitution debate was an astonishing topic for me to explore because, as noted above, it is the target of all prejudices, it shows all what societies deny, and it questions the status quo. This discussion is not new, as this old socio-economic institution has survived to all political, cultural and production systems throughout History. It is also a fundamental locus of diverse issues such as gender roles and sexuality. Therefore, it is not a matter of coincidence deciding to explore the intersections between sex work and international politics. I am going to organise this research in the following way:  First, a look at History and the political and cultural base of the artificial division between women.  Second, an overview of the positions the different parts that involved, that is: sex workers, abolitionists, pro-rights, clients and business owners.  Third, the study of the different models of public policies applied to sex work, in different European states, as well as the recommendations some international organizations made on the topic. Finally, some cases of law concerning prostitution2 will be exposed.

1 2

Galindo, María and Sánchez, Sonia. Ninguna Mujer Nace para Puta (2007:2) I will use the terms sex work and prostitution indistinctly as sex workers do.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero This is an entirely qualitative research and interviews to sex workers’ organizations have been done with the purpose of this investigation. Also important works on the topic have been consulted. This research is born in the context of Amnesty International having published some historical recommendations for sex workers, politicians and civil society. From a human rights perspective, Amnesty International contributed to what other human rights organizations have done before, which is nothing less than an attempt to start a conversation about sex work with sex workers, and performing actions for the rights of these people, not to mention the urgency of a profound social change for the democratization of sex work. Maybe the core question in this discussion will be: Are there women3 who prostitute themselves freely or do they always do it against their will? This question originates the division between those who want prostitution to be abolished and considered a crime and those who defend the rights of the adults that voluntarily prostitute themselves. There is a radical opposition between these two groups, although both agree the priority is to fight against trafficking. Which perspective is better for the attainment of this purpose, remains to be seen. Nevertheless, both assume the relation between patriarchy and prostitution. The Cambridge dictionary defines patriarchy as a society in which the oldest male is the leader of the family, or a society controlled by men in which they use their power to their own advantage. Patriarchy relies on the polarization of the feminine and the masculine genders to prolong its legacy. By doing so, it is set implicitly that this two genders are different and irreconcilable. Gender binary works in patriarchal societies by giving different roles to the two genders it only recognises. Thus, the basis to multiple power relations based on gender is assured. Heterosexuality as an imposed or assumed system, is one of the institutions needed for the existence of patriarchy. This system assumes reproduction is an inherent part of women´s identity. This has led to the systemic control of women’s bodies, who have been transformed into war trophies and territory of conquest. In the process, women have gone from being political subjects to become reproductive entities. Therefore, prostitutes are a dissidence of the female's reproductive role by using it in trade relations. This is why within the problem of gender, sex work is one of the core issues. This is the scenario in which the phenomenon of prostitution develops, and the first step to understand why it is a hot debate in modern society. Attending to all what has been exposed, I am going to organize this research through the following axis:

According to organizations such as Hetaira, the percentage of men who prostitute themselves is very low, and they do not appear in public policies, therefore in this research I will refer to female prostitution.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero 1. Exploring the artificial division between women and how this is related to prostitution.  Why is slut or whore an insult?  Why are sex workers marginalized? 2. Study the different positions on sex work, their strengths and weaknesses, and whether they help or not to improve the situation.  Prostitution, trafficking, sex work, smuggling…what are the differences?  Abolitionism, regulations, pro rights…are all the same?  Are there adults that prostitute themselves voluntarily? What are their demands? 3. The core intention in this research is to give visibility to sex workers voices and opinions, therefore the following questions relate:    

Are sex workers excluded of the decision making processes about their activity? How does stigma work for sex workers? What is the basis of this stigma? How do the different policies affect their realities? How does migration relate to sex work?

4. To research the different public policies throughout Europe about this topic:  How do the different views on sex work relate to the different decision making processes?  Which models are most beneficial for sex workers?  Are sexuality and sex impediments for unbiased policies about sex work?  How related are migratory policies to sex work policies? To conclude, my hypothesis is that a human rights approach on sex work and the full decriminalization benefits sex workers, as well as an unbiased approach that has as main objective the empowerment of people in this situation.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero

CONCEPTUAL FRAMEWORK: WHAT IS SEX WORK?

1.1 From Hetaerae to sex workers In Ancient Greece sexual norms and customs were different to the ones we have today. One facet of the alternate perspectives on sexuality can be found in attitudes towards prostitution. Being a prostitute did not bring with it the stigmatization that modern society imposes, although it is also true native born Athenians were not able to enter the sex trade. As this was the case, both the men and women who dedicated themselves to sex work were either slaves or 'Metics' (those born outside of Greece). Inside the realm of prostitutions two distinct classes have been identified. The Pornai or common prostitutes, and the Hetaerae. The Pornai differed from the Hetaerae in that the later were more highly valued, being well educated and they used to bring energy to social events.4 In this period we can already see the division of women depending on their different societal roles, while the wives and daughters remained at home the Hetaerae participated actively in the cultural sphere and contributed their own philosophical and political wisdom in events otherwise dominated by men. They participated in society as full citizens with rights to own property and to engage in commercial transactions and were also required to pay taxes, whereas the Athenian wives were not conceded any of these freedoms and duties. Demosthenes gave a clear definition of these women as seen by the men of Athens “We have courtesans (Hetaerae) for pleasure, concubines for the daily tending of the body, and wives in order to beget legitimate children and have a trustworthy guardian of what is at home.”5 This is one example among many which shows that in the classical period we can find some of the illuminating origins of what we now encounter in modern society and I would like to make use of this in order to centre myself directly in the roles which women have been assigned from that time in the past to the present day and the effects this has had. Throughout history the civil rights women possess have been contingent on the role they have held in their particular society, this continues up to and including modern western societies, where it is evident how sex workers personify the lowest rung on the hierarchical ladder of a woman’s status in the social imagination.

4 5

C. tompson, James: Women in the Ancient World. (2010:27) Kapparis, Konstantinos A. (1999). Apollodoros 'Against Neaira' [D.59]. p. 161.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero “Because this ideal of the attractive but not whorish white woman, in a good marriage but not self-effacing, with a nice job but not so successful she outshines her man, slim but not neurotic over food, forever young without being disfigured by the surgeon’s knife, a radiant mother not overwhelmed by nappies and homework, who manages her home beautifully without becoming a slave to housework, who knows a thing or two but less than a man, this happy white woman who is constantly shoved under our noses, this woman we are all supposed to work hard to resemble – never mind that she seems to be running herself ragged for not much reward – I for one have never met her, not anywhere. My hunch is that she doesn’t exist.” Despentes (2006:10)

1.2 The Other (of Otherness) “She (woman) is the incidental, the inessential as opposed to the essential. He is the Subject, he is the Absolute – she is the Other.” (De Beauvoir; 2009 (1949):21) In her research “Otherness and culture” María Renata Piola explains that women represent an (the other) otherness within (our) culture and sex workers typify a radical (other) otherness. In our society, women occupy a specific and complex place and this substructure looms over women who participate in prostitution to an even greater degree.6 Othering is a process by which dominant social groups label or classify those that do not belong to their strata with the aim of avoiding confusion regarding how social roles are assigned.7 In the case of othering, as a result of the patriarchy, the simple fact of being a woman is the reason for which one group separates themselves from the other. Irving Goffman (1963) quoted by Renata Piola (2008:3) states that the construction of the other which produces a discrediting effect over oneself, is put in practice due to the fear of the mechanisms of stigmatization with which the oppressor controls, in order to explain the difference and inferiority of the other. Renata Piola (2008:7) suggests that sexism differs from racism, as the latter seeks the expulsion of the other, while what sexism creates is an ambivalence that oscillates between necessities and, at the same time, repudiation which men have for women. And she adds that these contradictions are resolved with the creation of the artificial divisions between mothers, wives and prostitutes. She continues to describe how women have been converted into the other in a world controlled by men, designed and constructed for them. Women, as entities excluded from the public spheres, politics and all forms of power, have traditionally been relegated into the private environs of caring and reproduction, she insists.8

Renata Piola, María. Alteridad y cultura: “Ninguna mujer nace para puta”, 2008 Ibídem, pg.1. 8 Ibídem, pg. 7. 6 7

Sex Work in Europe: a human rights perspective | Verónica G.Herrero In The Second Sex, Simone de Beauvoir explains that, given that men have occupied the centre, women define themselves by their relation to men but men not in relation to women. Women are not a minority, nor do they have a unique interest as is the case of the working class, but they carry the stigmas which determine them to be the other. (De Beauvoir; 1999 (1949):18) Renata Piola (2008:8) states that the dichotomy between good and bad women implies much more than a simple classification. In practice, it acts as the basis for injustices, endorsed by the normalization of the transformation of the differences into inequalities, to remain in the social consciousness as absolute truths. Therefore, the basis of the existence of the stigma over sex work is undoubtedly the cultural otherness assigned to women. In the patriarchal imaginary, desire and love are separated; then, in a world dominated by an androcentric gaze, male power will apply its scale of values to women: their wives, mothers of their children, who are not the object of their fantasies of sexual power, and “whores”, who they desire but do not love, and personify the fantasies of power and desire, Piola adds (2008:8) “If they love a woman, they do not desire her and if they desire her, they cannot love her. In prostitutes they look for women whom they do not need to love, in order to desire.”9 Of course, sexism plays a very important role in justifying this segregation, when female sexuality is invisible and when it is not, it is naturalized as passive and merely reproductive. In contrast, an active male desire, which, together with power, becomes naturalized as overflowing, fierce and uncontainable. Historically, the sexist tradition has built prostitutes as a prototype of marginalization, thus their identity being considered deficient and below that of a citizen. This process has facilitated their segregation and lack of rights (Piola, 2008:8) “The "whore" is in the social imaginary a particular category of woman, which is differentiated and separated from the rest of women. She is the bad woman par excellence. Object of desire, subject of low passions, and transgressor of the limits that govern for the rest of women. The one that causes contempt” (Garaizabal, 2006. Quoted by Renata Piola, 2008:10) Cristina Garaizabal (2006) quoted by Renata Piola (2008:10) explains that in the social imagination sex workers are assigned three identities:  The State reserves a specific area for them, partly accepting the necessity of their existence, but denying them as subjects and making them invisible.  The most traditional thought, which denigrates and punishes the sick, sinful or vicious, thus denying them as subjects of full right.  Left-wing thinking, linked to classic feminism, which considers them to be suffering from poverty and past conflicts, and seeks to save them, infantilizing them and denying their ability to fend for themselves.

Volnorich, Ir de putas. (2006:24)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero Didier Eribon explains that injury has the power to transform subjectivities. From the author´s point of view, an injury has the function of stigmatizing, wounding, configuring and perpetuating inequalities (Eribon, 2001:31 quoted by Renata Piola, 2008:11) Thus, using the word whore as an insult communicates sex workers what their stigma is. Eribon10 explains that an internalization of the otherness happens, therefore the subjectivities are built upon the injuries they receive and, as a result, the psychologies are invaded by selfcontempt. The use of terminology in this case is certainly crucial in the transformation of the subjects involved. 1.3 The Ninguna Mujer Nace para Puta Project Since the 1990s, sex workers have begun to organize. The process began by rethinking the stigma and separating it from the construction of their identities. As main goals: the visibility, the recuperation of the public space, the appeal to society, the achievement of rights, and above all, to become active political subjects. (Renata Piola, María.2008:14) The fight for the rights of sex workers is relatively recent: the new forms of prostitution that emerged in Chile in the 1980s were consolidated with the establishment of the neoliberal model in the 1990s and '00. In recent years organizations have emerged, such as the Angela Lina union which in 1993 would aim to defend sex workers’ human rights and be a bargaining agent towards the State, thus generating the conditions for the exercise of their human, sexual and labour rights11. In 2006 we find another example with the sample "Ninguna Mujer Nace para Puta", made by María Galindo from Mujeres Creando, a collective of feminist sex workers from Bolivia, and Sonia Sánchez, a former member of AMMAR Capital12 According to Gerardo Avalle and Gabriela Brandán, the aim of both groups was to challenge society and address the idea society has around sex workers, since, according to them, this is the problem, and part of the solution.13 AMMAR not only works on identity politics, but it also focuses its attention on the system that legitimizes sex work and on the client. AMMAR's work, like other associations for the rights of autonomous sex workers, has been focusing on the stigma to empower themselves, and leave the role of passive victims condemned by society, as the authors in their research add.

Ibidem:11 Unknown. Al sur de todo. Construcción simbólica de los cuerpos en prostitución: Derechos sexuales problematizados. 2013. 12 Asociación de Mujeres Meretrices de Argentina (Ammar) 13 Avalle, Gerardo; Brandan, Gabriela. “El cuerpo entre la lucha y trabajo: el caso de las Trabajadoras Sexuales de la Ciudad de Córdoba, Argentina “ (2011:4) 11

Sex Work in Europe: a human rights perspective | Verónica G.Herrero The authors also deduce that, starting with stigma and using it as an emancipatory and empowering tool, AMMAR sex workers have been able to cope with what Pierre Bourdieu would call the "dominated paradox", which would mean that the appropriation of stigma can be liberating at the same time as alienating, since something that stigmatizes and discriminates is being used. (Pierre Bourdieu, quoted by Avalle, Gerardo and Brandán, Gabriela, 2011: 5) Both Ammar Capital and AMMAR Union have as their common mission to defend the rights of sex workers. From AMMAR Syndicate they prioritize not to position themselves as victims but as autonomous sex workers, since it is their job, and the objective would be then to enjoy the material conditions and labour rights as the workers that they are. However, for María Galindo and Sonia Sánchez, authors of the show that gave birth to the project Ninguna Mujer Nace para Puta (2007), the struggle is quite different, since they analyse sex work as a necessity derived from the precarious situation that many of them experience, therefore they do not consider it as a job and they call on society and the State to get out of that situation and to provide them with real alternatives for inclusion. Both positions might be equally legitimate, since both struggle to be heard, to extend the debate to the whole society and to become full citizens. By calling on feminisms, society and the State, their struggle wants to go beyond the legal or institutional frame, since they consider that the system that privileges men over women is the great pimp. An arduous work that begins with sex education and ends with the abolition of gender roles. 1.3.1 María Galindo and Sonia Sánchez The prostitute is a woman. The prostitute is not born prostitute. Before being a prostitute she was daughter, sister, mother or wife, whatever you want. (...) The prostitute is the woman who is available to receive the condemnations of all angles and characters of society. It is the person who has no decision on her body. The prostitute is a moneymaking machine. When the prostitute stands in a corner, don’t you think she's lonely? (...) The street is the place of greatest expulsion for the prostitute. (Sonia Sánchez. 2007:22.) In the project Ninguna Mujer Nace para Puta (2007) Sonia Sánchez and María Galindo of Mujeres Creando, develop the position that they, as people in situation of prostitution, have with respect to their reality. For them, it is a situation that must be transient and not something definitive. It is pertinent to point out that this project, while analysing the situation of prostitution profoundly and taking into account the systemic oppressions, also refers continually to persons coerced by a third party. That is, they are people who are not autonomously in sex work. For María Galindo and Sonia Sánchez, authors of the book, prostitution is not a matter of prostitutes or institutional politics exclusively. For them it is a fundamental mirror for all the

Sex Work in Europe: a human rights perspective | Verónica G.Herrero women of the world. According to them, prostitution is a pending issue of all political systems, of all ideologies, of all societies in the world and of all institutions.14 According to María Galindo, the debate is not whether prostitution is a job or not, or if rights are granted or smoothed and terms swap changing from whores to sex workers and from there to sex-servants. For the authors of Ninguna Mujer Nace para Puta, the word whore has been of own use of other people, never of prostitutes. They do not use it to define themselves, but to question themselves, society and the State.15 This is just one example to proof that there is no single definition of sex work, just as there is no single position on this activity. It is therefore necessary to explore the terminology to understand the debate on prostitution, and to understand each of the parties. 1.4. Autonomous sex work, smuggling, trafficking…Are they the same? On the one hand, there are opposing positions on whether to call prostitution sex work or on the contrary to use another terminology depending on the aim. But there is also the confusion between trafficking and autonomous sex work, which surprisingly occurs frequently in situations regarding the debate on prostitution. 1.4.1 Prostitution and Sex Work: terms are important The Royal Spanish Academy defines prostitution as "Activity engaged by someone who has sex with other people in exchange for money" (RAE, 2001). Another alternative definition by the abolitionist groups would be "an energetic modality of sexual exploitation and one of the most ingrained forms in which gender violence is manifested, exercised and perpetuated”.16 A definition should never be fraught with ideological foundations about reality. This is a mistake that many ideological groups make about the prostitution debate. Prostitution is an exchange of sexual or affective services for money and is also a global, sociological and historical phenomenon that attends to numerous socio-structural dynamics.17 Therefore, sex work and prostitution are valid terms to designate a freely established, consensual and negotiated deal between two adults to exchange sexual or affective services in return for an agreed remuneration.18

Galindo, María; Sánchez, Sonia. “Ninguna mujer nace para puta.” (2007:12) Ibidem:14 16 Manifiesto Político por la Abolición de la Prostitución promoted in the year 2005 by feminist groups. 17 Spanish Ministry for Health, Social Services and Equality: Terminología y conceptos en prostitución (2005) 18 Ibídem(2005:10) 14 15

Sex Work in Europe: a human rights perspective | Verónica G.Herrero Since prostitution is experienced in different ways by different people, there are many ways of living it and thus, many ways of naming it. While some people find it acceptable, others find it difficult to assimilate. When we speak about this activity, terminology is very important, since it is very common to find confusion about it. As it has been pointed out throughout these pages, the term sex worker has been coined by people within the struggle for the rights of autonomous sex workers. These terms, however, remain unaccepted since there is still a debate between the sector that defends those rights and the sector of the activity that does not consider it as a job and therefore it is not appropriate to make use of that name. This new terminology is neither accepted by the sectors of society that consider that sex work is a way of violating the rights of the people involved. As is the case of Sonia Sánchez and Mujeres Creando, there are collectives and individuals who choose to use the term prostituted person or person in a situation of prostitution to focus their struggle in other terms. Of course, terminology should always be used impartially and respecting the way individualities name themselves. "I wonder who can talk about the whore but the whore herself that was so often silenced by others. Who but she can use the word whore and load it with new transforming meanings, breaking the official scripts of language, as the Indian and Queer movements have done before.” (María Galindo, 2007:12).

1.4.2 Not everything is trafficking “It is useful to distinguish between the terms choice and agency. The former insinuates a fictional context in which we all have ‘equal’ options in life and unlimited access to resources. The latter recognises our capability to make plans, to have strategies, and to act within a limiting structure.” 19 To Beatriz Gimeno (2016), feminist and writer, consent is essential to distinguish between sex work and trafficking. According to her, consent can be given or not, but if we assume that it is never given, then we can never fight effectively against trafficking. Moreover, she clarifies that theories of consent are usually applied to the field of prostitution, but not to the rest of the labour universe, assuming that in the latter, consent does exist. "We assume that in capitalism all consent is vitiated because it can never be given free consent if we start from a situation of inequality and poverty, but we do not constantly question the consent of a worker to accept to work 12 hours for 600 euros per month, for example. On the contrary, we strive to improve their working conditions. As this is becoming more obvious every day (because exploitation conditions are becoming more evident in all areas), consent to prostitution is similar to that which may occur in any other job subject to exploitation.” (Beatriz Gimeno, 2016)

P.G. Macioti and Giulia Garofalo Geymonat. Sex workers speak. Who listens?(2016:26)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero Consent, the ability to choose, could be influenced by abuse of third parties and coercion from various points of view 20:  Labour, at the mercy of sex traffickers.  Economic, in the case of migrants, under pressure from people who they own exorbitant prices for their travels;  Police, for being constant targets of repressive actions of the state security forces.  Administrative, because many of them are migrants and find themselves within the limits of recognition of their citizenship and even documentary regularization.  Social, because of the immense weight of the stigma that falls on the activity that they perform, and, therefore, on themselves. RedTraSex (2016) explains that confusing the terms has negative consequences since it does not collaborate with the fight for the rights of sex workers to be respected, and on the other hand, it does not help to combat trafficking or disarticulate the logics of exploitation or the networks of impunity in force. Therefore, they insist on differentiating between:  Trafficking: it is the recruitment, transportation, transfer, and reception of people, using force or other forms of coercion, abduction, fraud, deception, abuse of power or a situation of vulnerability to force a person to provide services without consent. Trafficking for the purpose of sexual exploitation is only one form this offense acquires. The distinctive feature of trafficking is the retention against the will or the abduction of documentation, the submission for mistreatment or threats to attack life, confinement and the obligation to provide services without express consent and against the will of person.  Labour exploitation: refers to the conditions of performance of the work and does not refer solely to sexual purposes. There is exploitation in various branches of industry, with construction, clothing and footwear being among the most permeable to this labour practice. Labour exploitation implies less pay than the minimum necessary or legally established, precarious working conditions, absence of basic benefits in the field of work, days extended for more hours than the maximum determined by law, monetary remunerations that do not contemplate holidays etc. For its part, sex work, being in many places in a legal interstice (not prohibited, but not governed by laws and regulations) is "clandestinized" and in that sense, opens the door to labour exploitation.

Documento sobre Prostitución. Reflexiones para el debate. Asociación Pro derechos humanos de Andalucía. 2008.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero  Voluntary sex work is the provision of a sexual service in exchange for money, between two adults, in which all parties involved do so by personal decision and with their own consent.21

1.5 Bodies and labour “The general property of all women by men is an essential historical determination, which makes all beings ready to be occupied, beings at disposal, in voluntary servitude: whores” (Marcela Lagarde, 1990: 600)22. The impossibility of separating body from work is another axis of the debate on sex work. Politicizing about sex work allows us to rethink the notion of work. And prostitution as a topic has the ability to question not only the traditional notions about work, but also those about sexuality. It allows us, without doubt, to understand body and sexuality in a less conventional way, relating them to economic activity, with the exchange of services for money. Gerardo Avalle and Gabriele Brandán use a qualitative research in which the AMMAR organized sex workers are the protagonists, to explore how the body and sexuality are key axes to analyse the question of sex work. More radically happens with non-binary identities (LGTBIQ)23 in terms of performing this activity. The body is the category where the dispositions of a determined social order materialize. The body of sex workers stands as a material and symbolic expression of this relationship of dominance and resistance to it (Avalle and Brandán , 2011:14) "The body, then, is the starting point of the whole debate on sex work.”24 For the authors of this research, Ammar's organized sex workers have constructed their subjectivities based on the affirmation of the body as a work force and sexual intercourse as their tool. Therefore, contrary to what is believed, sex is separated from the body, that is, the body is not put on sale, but sexual intercourse. This means that nothing more than the performativity of sex comes into play, according to Ammar's sex workers.25 And this supposes, according to the authors of the investigation, that the subjects investigated affirm themselves as organized bodies that understand sex as a tool of work rather than as an object of consumption. (Ibídem: 16) The authors of the text theorize about Ammar's experience of raising a challenge that implies a widening of traditional conceptions of work, and add that this struggle supposes the 21

RedTradSex: Red de trabajadoras sexuales de Latinoamérica y el Caribe. Sex work and working conditions: the impact of being clandestine (2016:11) 22 Quoted by Avalle, Gerardo; Brandán, Gabriele: El cuerpo entre la lucha y el trabajo (2011:14) 23 Term used to name the lesbian, gay, transgender, bisexual, intersex and queer collective.. 24 Ibídem: 15 25 Ibídem: 15

Sex Work in Europe: a human rights perspective | Verónica G.Herrero contribution of a new perspective from which to think new spaces of denunciation to face precariousness and inequality. To Ammar, sex is the point where the limits of what is conceived as work begin to be questioned. Quoting Georgina Orellano, member of AMMAR, "If we continue to think that the pussy is sacred, we will hardly fight the patriarchy" (Orellano, 2016)26 Over more, to AMMAR, Aballe and Brandán state, talking about sex as a new dimension of work is the key, but to do it through the voices of those who perform this practice and not from the speeches that have been erected on them, is fundamental.27 In contrast, Correa and Rosalind Petchesky put forward that if "the body exists in a socially mediated universe"28, then the bodies of sex workers are bodies where the subordination with respect to others and the powers that control them are clarified. At this moment is noticeable that the pillars of equality, body integrity and free choice falter, according to these authors. Moreover, the authors raise doubts about the property and the integrity of the bodies and the real equality in a neoliberal society. "What is the viability of autonomy for prostituted women? Is it possible to say "this body is mine "from the risk of ever present sexual violence? This question, applied in various fields, entails a longstanding dilemma between liberal feminism and radical feminism "(Ibídem: 110). Nonetheless, even with the possibility of positioning sex workers as the most objectified of the entire universe of women, in this victimizing position, the possibility of building themselves as empowered subjects would be nullified, researchers say. (Ibídem: 110) On the other hand, Giulia Tamayo explains that "To deny rights to a human being on spheres based on their own corporeality, proposes a substantial annulment, and will tend to be resisted, even under the most adverse conditions at any scale"29 The constant tension between the theories that deny this autonomy on the own body and those that start from the affirmation of such autonomy in the exercise of sex work can be rooted in the changes that have been experiencing both the activity and the individualities who personify it, as noticed by the researchers. (Correa and Petchesky, 2004:100)

Orellano, Georgina. Encuentro Nacional de Mujeres (Argentina) 2016. Ibídem, (2011:16) 28 Correa and Petchesky, Reproductive and Sexual Rights: A feminist perspective (2004:100), 29 Tamayo, Giulia. Bajo la piel: Derechos sexuales, derechos reproductivos. (2001:77). 27

Sex Work in Europe: a human rights perspective | Verónica G.Herrero

II.

WHO ARE THE ACTORS INVOLVED?

With the establishment of a neoliberalism that affects all areas of life, prostitution is currently characterized as a set of services that are priced at a rate and, according to sex workers themselves, respond to a certain demand and an economic relationship sex work-client. One of the central thesis of Lisette Mayer (2008:280) is that the different arguments and debates about sex work are the result of a recent change from victimization to the empowerment of that otherness, becoming consumers who choose to participate in the exchange of services for money, so that the sex workers go from being dependent people and never seen as providers of their own security and well-being to sex servers who use the money earned to pay bills, rents etc…30 Prostitution really begins to be considered a work - that of the sex trade - in which women who exercise it are understood as workers with rights, and social subjects not only with opinion, but also with capacity of action (Mayer, 2008: 280). Some positions within and outside feminism argue that, in this context, sexual rights are confused with consumer rights, and thus bodies and rights are taxed. The same speeches that denounce the visions for the normalization of sex work deny that a deep social change is possible, and help to make invisible the violence that objectifies women’s bodies.31 According to Sonia Sánchez and Maria Galindo, "talking about sex work would be a euphemism that conceals structural violence." For the authors of Ninguna Mujer Nace para Puta, accepting Mayer's vision and banishing the stigma to enter the world of work would be unfeasible, because the virgin-whore symbolic opposition does not dissolve into the logic of the market: “The prostitute has no client. She has a slang (...) that is another word that sticks to you with the discourse of prostitution as work: the prostitute is a worker, the trafficker a business owner and the slang, a client” (Sonia Sánchez, cited in Galindo y Sánchez, 2007: 96). In this section I will compare and analyse the information obtained through direct interviews with Hetaira and interviews found in other field studies and researches. Due to the fact that this research focuses on sex work, the interview to Hetaira32 acquires an enormous importance (since it is a collective of sex workers for sex workers rights). María Francisca Corbalán Herrera distinguishes four actors involved in sex work: clients, sex workers, businessmen in the sex industry and feminist groups. I will use this distinction to present the point of view of each of the actors involved, based on the field work carried out for this research which includes the testimonies of clients, sex workers, businessmen and feminist groups.33

. Mayer, Lisette. Trabajadoras sexuales en Chile: Hitos de una historia. (2008) Ibídem (2008:278) 32 Hetaira is a collective of sex workers and allies which work for sex worker’s rights since the 90s 33 Corbalán Herrera, María Francisca de: Prostitutas de calle en Madrid en los inicios del nuevo Milenio. (2012:161) 31

Sex Work in Europe: a human rights perspective | Verónica G.Herrero

2.1 .Division in the feminist movement: pro-rights and abolitionists At the present time, both in the Spanish State and at an international level, the debate between feminisms is divided between pro-rights and abolitionists. Two antagonistic positions, which are recently in a heated debate that does nothing more than let us glimpse their radical opposition. Corbalán (2012:161) ventures to point out that there are areas of greater presence of abolitionism, which in the case of the Spanish State would be Madrid, or Norway in the European context, and areas where the trend is more pro-rights such as Barcelona, and New Zealand at an international level. 2.1.1 Abolitionists Corbalán (ibídem:161) points out that from the abolitionists’ point of view, prostitution is defined from the position of the one who organizes the business or who requests the service, but never from the person who practices prostitution, since it is considered only a victim of the pimp or the customers. The abolitionist position continually quotes the phrase that prostitution and the evil that accompanies it, the trafficking of people for exploitation purposes, are incompatible with human dignity and value. In this way it is revealed that the concept of dignity is still linked to a correct sexual behaviour, as this would inevitably be lost when prostitution is exercised, thereby revealing the classic moralistic approaches. As Pons (2004) quoted by Corbalán (2012:162) points out, Maqueda (2008) quoted by Corbalán (Ibídem: 162) reaffirms that values and experiences end up being imposed at the expense of those who prostitute themselves. "The idea of loss of dignity also emerges from the Convention for the Suppression of Trafficking in Persons and the Exploitation of the Prostitution of Others, elaborated by the UN in 1949." (Ibídem: 162) Moreover, Donna Haraway (1995: 264-275)34makes a critical revision of her compatriot Catherine Mackinnon, one of the most famous names in American cultural feminism, questioning the definition of woman that she makes based on the "desire of the other”, a view that assumes the non-existence of women except as products of male desire" Haraway explains that it is dangerous to insist on the victimization that damages feminism and to seek a construction of the category of woman and the social group of women as a unified whole that ignores the immense variety of experiences and multiple complex differences according to race, class or sexuality. On sexual desire / sexuality of the sex workers, Corbalán35 points out that the claim that sex workers do not have their own sexuality is also challenged by the data provided in her field work. Interviewed sex workers clearly differentiate when they engage in a personal relationship and when it is work. 34 35

Ibídem: 162 Ibídem:162

Sex Work in Europe: a human rights perspective | Verónica G.Herrero In short, according to Corbalán (2012:162), the abolitionist position is undoubtedly effective in combating trafficking, but it does not conform to reality in order to launch viable proposals and it is seen, instead, as the only valid way. Hetaira contradicts the latter: "The abolitionist discourse says that you cannot differentiate between sex work and trafficking. Sex work is a forbidden word. This is fatal not only because it does not correspond to reality but because it is fatal for the true victims of trafficking because if they are all victims of trafficking, how do I find those who really are and how do I protect them? It is impossible, and that is the horrible thing about this speech, that it harms those who are victims of trafficking and forced labour." Regarding the arguments related to sexual neoliberalism, which would be relative to the capitalization of sex, Hetaira points out, when asked if sex work would continue to exist in a world without capitalism: "Why do you have to start there? I would like that too, but first, prostitution predates capitalism. There are many more columns on which patriarchy is based, for example marriage, and there is no movement against marriage. I would accuse these abolitionists because it is a very comfortable position because they are not sex workers. They feel good because they do something for the world but in whom does their action fall? In the sex workers."36 2.1.2 Pro- rights. Pro-rights organizations integrated by sex workers such as Hetaira from Madrid, Licit from Barcelona or AMEP of Andalusia, and AMMAR in Argentina, have an approach that considers prostitution as a strategy adopted by women to access sufficient economic resources that would otherwise be prohibited, considering the few alternatives they have. (Juliano (2001:11) quoted by Corbalán (2012:16)). Corbalán explains that prostitution is analysed from this standpoint as a phenomenon directly related to economic and social structures, and to gender systems, in addition to the current migration processes in the context of globalization. Raquel Osborne (2004: 18) quoted by Corbalán (2012:163) points out that, in the midst of poverty, unemployment and underemployment in environments of declining or null state social security network and the increasingly less support of traditional families, women have resorted to all strategies of survival within their reach, including migration and sex work. Therefore, prostitution can be voluntary, which means that the prostitute is not considered a mere victim, states Corbalán. And she continues: "the pro rights position claims the recognition of their (sex workers) status, and their autonomy and responsibility."(Ibídem: 163)

Interview for this research. January 2017.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero What prevents it from being considered as work, continues Corbalán, would be the moral prejudices and stigma that falls on both the activity and sex workers. Hetaira agrees on the latter: "Stigma is the biggest problem sex workers face. If you decide to be a sex worker even if you are Spanish, you are already a second-class citizen. That is why I think abolitionism works very well, because it is very intuitive. We are educated on the premise that the worst thing you can do in your life is to be a whore, and thus naturalize the thought that we have to abolish it, you do not need to understand all the social mechanisms that precisely lead to that. The stigma that prostitution is the worst, that you just can´t do that and the division between holy women and whores. Obviously patriarchy is very strong, sex work is a patriarchal institution as any other." There may be various positions on sex work, such as the one that suggests the implications of a world without capitalism, without sex work, etc. But it is a philosophical debate that does not go anywhere because what we have to look at is the reality of people, what problems they have and how we can improve their situation" That is why the pro-rights position demands that sex workers have the right to work legally, to unionize and to benefit from the rights of any worker, which would reduce the risks of the violence they may be exposed to, according to Corbalán. (Ibídem:164) Juliano explains that one of the central points of the pro-rights position is the fight against the stigma, which is analysed from the construction of gender that classifies women into good and bad. The social function of stigma, continues Corbalán, would be to control both prostitutes and women who are not prostitutes, pointing out what is considered a bad behaviour and censoring who does not follow this pattern. Any woman who gets out of what is defined as a "good woman" would be described as a "whore", a process that has as a consequence: the rupture of gender solidarity (Juliano, 2002: 41) quoted by Corbalán (Ibídem:164) Corbalán goes on to point out that, within the legal framework, this approach fights for the rights of prostitutes, and postulates that abolitionism ends up harming them, since it omits the economic reasons for prostitution. LICIT says that "trying to save people without their consent may be a well-intentioned position, but it is not a way to address the situation," since, according to Corbalán, it leaves prostitutes without their source of work or pushes them to exercise illegally without any guarantee of protection, which often implies that they come to mafias or pimps in exchange for protection. According to Corbalán, the risk of this speech would be to fall in the defence of these people in terms of sex workers rather than in terms of human beings, thus reducing their identity to their activity rather than to their humanity. This could also be associated with the abolitionist argument about the capitalization of sex: "The conversion of women's bodies into merchandise is the most effective means of spreading and reinforcing neoliberal ideology. On the one hand, there is the theory of free choice: now that women "are already free," "they already have equality," they can already "choose" to live off their body. On the other hand, and to counteract any criticism, this thesis is

Sex Work in Europe: a human rights perspective | Verónica G.Herrero involved in certain progressive and postmodern rhetoric: any relationship is acceptable if there is "consented sex” in exchange"37 As stated above, Pia Covre would also highlight the fact that today citizenship and rights are subject to the work that each person exerts, instead of being guaranteed to each individual as a human being, all this in a precarious working system, adds Corbalán. (2012:165) Corbalán notes that "On the other hand, this speech is not visible, and is often confused with the position of businessmen, who are interested in the confusion of their vision with that of pro rights as it helps to clean their image and avoid being accused Pimps, and associate them for the rights of sex workers, when nothing could be more untrue." And Hetaira confirms the latter: "there is no visibility because normally everyone talks about prostitutes but nobody talks to prostitutes." Finally, Corbalán (Ibídem: 165) points out that positions that to focus on the rights of prostitutes does not deny the realities of trafficking and sexual exploitation, although they have focused on highlighting those cases that challenge the dominant discourse that comes to us from the circles of power which, although necessary, also sometimes contribute to the polarization of both approaches and hinders consensus. 2.2. Clients. Given the impossibility of interviewing clients of prostitution, I will use Corbalán’s study, who consulted the following sources to tell the experience and opinion of clients of prostitution:  Prostitution, trafficking and women immigration (José Luis Solana, 2003)  Trafficking and female immigration from the perspective of migrant women, 2001  Carla Corso, Memories, 2000. Mansson (2001:233)38 Provides comparative information of Spanish customers relative to other Europeans. He centres his studies on male sexual habits in seven European countries between 1989 and 1992 (he does not explain which). According to them, the percentage of men who have paid for sex at any point in their lives would amount to 38.6% in Spain compared to 6.6% in Great Britain and 9.9% in Finland. The Spaniards were in the first place in the ranking that included Norway, Switzerland and Sweden. Moreover, The National Institute of Statistics on health and sexual habits of the Spaniards, interviewed more than 10000 people between 18 and 49 years in 2003 and reduced, nevertheless, the latter figure more than ten points, as Corbalán points out.(Ibidem:165) All sources agree that there is no customer typology. Maria José Barahona, in a study carried out in the Community of Madrid and commissioned by her, explains that "The clearest 37 38

De Miguel, Ana: “Neoliberalismo sexual: el mito de la libre elección, 2015. Ediciones Cátedra. Quoted by Corbalán (2012:178)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero and definitive conclusion is that a classification cannot be established that brings together different types of clients, since the client of prostitution can be any heterosexual man.” (Barahona, 2003:15-16)39 Meanwhile, Luis Solana states that "men from all social strata resort, both young and old, mostly between 25 and 50 years.” (Solana, 2003:120) quoted by Corbalán (2012:178) This is not surprising if, as we have seen throughout these pages, prostitution is included within the model of normative sexuality, which has divided women into bad and good, which men, either of them, can access indistinctly (Osborne, 2004:11) quoted by Corbalán (2012:178) Oso y Ulloa (2001:96, 98) quoted by Corbalán (2012:178) points out that prostitution becomes a space where toxic masculinity is reinforced. Additionally, Oso y Ulloa and Barahona40, find amongst the reasons to pay for sex opinions that allege not finding what they want in their relationships with their girlfriends(Oso and Ulloa, 2001) whilst the prostitute would offer services “your girlfriend isn’t willing to do” (Barahona, 2003:97). Again, the division between bad and good is evident. It should be noted how pornography has replaced sexual education for several decades, and this translates into fanciful expectations of what sexual practices are. Males look for porn actresses in bed and complete ladies in the house, and they encounter a very different reality. Corbalán states that the motivations to pay for sexual intercourse go from the search for affectivity, to look for someone who listens to them, and also the reaffirmation of the ego is mentioned. As for the motivation to pay for sex, Corso agrees with the opinion already collected from one of the clients interviewed by Solana, in the sense that this impulse of men is today above all consumerism: "Today a man thinks he cannot spend a lifetime having only three or four women, three or four different experiences: you must have thirty or forty to be considered a real man. So, if you do not manage to have them differently because the stories are very complicated, they cost time and commitment, then you have to go to prostitutes ... Today the client, in the same way that often changes his car, shoes or suits, continues its consumption also with sex.” (Corso and Landi, 2000:173) quoted by Corbalán (2017:178). Among clients, there are those who objectify prostitutes and simply go their way: "The customer goes in search of pleasure, he is not interested in the object, but rather his desire. The adventure of the client begins far from the prostitute, that is, with himself, with his fantasies, "says De Paula Medeiros (2000: 129)41. Corso (2004: 127)42 agrees with this: "Relationships are always rushed and when they arrive where the prostitute is they have consummated them in their imagination". But there are also those who sympathize with their situation and would prefer that their conditions were better, and even see themselves as their potential "saviours." However, it should not be forgotten, as De Paula Medeiros (2000: 21) 43 states, that prostitution is a place of power built between client and prostitute, among the prostitutes themselves, and between them and everything that makes up their environment. In this sense 39

Quoted by Corbalán (2012:178) Quoted by Corbalán (2012:178) 41 Ibídem (2012:178) 42 Ibídem (2012:178) 43 Ibídem (2012:178) 40

Sex Work in Europe: a human rights perspective | Verónica G.Herrero Corso (2004: 130) quoted by Corbalán (2012:179), recalls that in prostitution there are two subjects and criticizes the view of the prostitute as a victim. Through the words of Porpora (2004: 125)44 , a transsexual woman who exercises prostitution: "According to common opinion, the client is the one that dominates and the prostitute is dominated, but this is not true. Prostitution itself is neutral: it is the person who connotes it, who makes it positive or negative and as a consequence, the person becomes a victim or subject". The prostitute and leader of the Italian sex workers Pia Covre (2004: 237) reinforces this idea with the definition she gives of sex work: the exchange of sexual favours in exchange for money between people in a relationship, or one of many paths for private social relations that are established between men and women.45 There are also the opposite cases, says Corbalán: "clients who feel the right to attack people who engage in prostitution, and in many cases do so with impunity, because rarely do the police take seriously the complaint of rape by a prostitute. The author then recommends consulting a research developed in Canada on violence against street prostitutes in Vancouver where it is stated that "there is little chance that anyone will be convicted of it. She may be raped, knowing the police will not protect her."(Cler-Cunningham and Christenson, 2001: 25).46 2.3 Business owners Corbalán (2012: 178) exposes how the position inherited by businessmen is that one derived from the traditional regulation that had as a habit state’s intervention of brothels, considering prostitution as an inevitable evil, thus finding necessary to inspect prostitutes so they will not infect the rest of the population. Today it presents itself as a thriving and organized sector within the capitalist system, says Corbalán. (2012: 178). The wide range of this section can include from the so-called pimps to the owners of adult clubs, and also by mafias trafficking with women without their consent, according to the author. She adds, never to be confused with the woman's sentimental partner. Maqueda, (El País, April 1, 2006)47 "Many businessmen in the sex industry have been convicted of the exploitation of their employees by demanding conditions incompatible with the dignity of any worker, such as the imposition of unwanted sexual services or the absence of sufficient remuneration or an adequate working day with the corresponding permits and breaks." Also, according to the Association of Women who exercise the Prostitution of Andalusia (AMEP), employers avoid a contractual relationship with workers because they avoid the social security contribution, so women have to register as self-employed.48 In an interview with Hetaira, they affirm that "almost all sex workers prefer to work autonomously, those who have Spanish nationality often choose to become "autonomous sex workers", registering in the section of "Special Personal Services" of the National Classification

All authors quoted by Corbalán (2012:183) Ibídem:183 47 Ibídem:183 48 Ibídem:183 46

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero of Economic Activities (CNAE). You need to invest some money in advance and have a proper place to receive customers." In addition, they add to the latter that those who work in nightclubs or apartments usually have to accept conditions that would not be acceptable in any other job site, supporting draconian hours, living and working practically in the same place, without breaks between working days that dictates the Workers' Statute, sometimes having to undergo "compulsory health controls under cover," without future entitlement to pension benefits etc.... "There is no recognition of the labour relationship between worker and employer, nor can there be because then employers could be accused of pimps. However, some of them are registered as waitresses but this is not the task they perform or not only ... and then, the businessmen themselves are those who put the working conditions to the women. Many times they also hide behind the argument that they simply have a room rented and the businessman neither enters nor leaves to know what it is that the woman does in the room, that they (sex workers) pay the rent of the room and the maintenance and the rest is not their business. But that is not true, women pay, in addition to the room, a percentage for the sexual services they perform. " Similarly, Hetaira affirms that employers do not have to meet any particular requirement "that's why we claim that licenses should not be given to people with criminal records. We think that the controls that should be carried out should be aimed at fulfilling the working conditions of women, never depriving them of their autonomy, which happens with compulsory health checks in some clubs. " And in the interview to Hetaira for this investigation, when asked about the safety of the clubs compared to the street, they answered: Are clubs safer? Yes and no. Different strokes for different folks. There are people who prefer the street for its freedom, they can decide what they want. On the other hand, a building can protect you from the weather and you can provide your services in safer conditions. Although street sex work does not necessarily imply insecurity, it has more risk, although in a club there is always someone next to you ... from this point of view the club could be safer. Club legislation does not exist, the club owner does not have a contract that says that he provides sexual services because he would be the pimp so he does not include in the contract the sexual service that is provided. The bad thing about that is that the owner can do whatever he wants given the fact that they do not have a contract. There are clubs where they help sex workers and others where they mistreat them. As it works today, the problem would be that they impose services like oral without condom, which is a barbarity, or impose clients and you cannot say no, for example. They also work longer hours and there is a canon of normative beauty and if you do not have a normative body you cannot work there anymore. So the club is not a guarantor of anything.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero 2.4 Sex Workers. In Corbalán’s thesis, the author explains that in the study published in 2000, Regina de Paula Medeiros (2000:88) collected testimonies of female sex workers in Barcelona’s Chinatown between 1994 and 1996, where they emphasize that the main point of prostitution is money, because they say that, currently, with sexual liberation, there are no whores or virgins, there is just money: those who ask for money and those who don’t. Corbalán continues "the author collects the demystification of the representation of the "prostitute-victim "as a character created by the prostitutes themselves pressured by a society that insists on seeing them this way.” In addition, Oso and Ulloa (2001)49 in their study compare, make a parallel and even note the interaction between sex and domestic work as the main exit routes for immigrant women in Spain without greater professional qualification. There they also collect testimonies of sex workers, in this case Colombian and Ecuadorian. The interviews were conducted during 2001 between women of these two nationalities who work as prostitutes according to different modalities (clubs, flats and street) in Galicia and Madrid. Moreover, these authors introduce in the discourse the voice and problems of migrant prostitutes in Spain. From these testimonies comes the vision that prostitution is for immigrants a way to earn a living and help support their families, despite high social and personal costs, states Corbalán. The testimonies reveal how some have left domestic service and engaged in prostitution because of the humiliations and restrictions suffered in the latter, therefore sex work is experienced as a freer activity. (Oso and Ulloa, 2002: 69 and 90)50 In fact, in the interview with Hetaira said "housekeepers have a very similar situation, where there is a lot of trafficking, and nobody asks to ban this kind of activity, although they have very similar problems and are natural allies.” In contrast, Solana's previously cited study offers, among others, stories that speak just the opposite way: immigrant women who have left prostitution because they feel humiliated exercising it and decide to enter domestic service, despite the lower profits (Solana, 2003: 3458 and 79-95).51 Corbalán explains that "this reveals that it is not possible to generalize about the experiences that each person has, as the abolitionist discourse claims when it says that prostitution always degrades the woman who exercises it and that in all cases constitutes violence towards women.” In addition, all the stories collected in these works relate to experiences in which prostitution has been lived in very different ways, from the ones which allow a great autonomy to others of true exploitation, therefore more than prostitution per se what should be watched would be the conditions under which it is exercised.

Quoted by Corbalán (2012:192) Ibídem:192 51 Ibídem:192 50

Sex Work in Europe: a human rights perspective | Verónica G.Herrero Hetaira underlines this in the interview conducted for this research: "Speaking about sex work there is a variety of situations. There is as people who exercise. Of course there are those who do not want to do it anymore and want to leave. There are women who have left it and say it is the worst thing in the world and they fight to abolish it, and I understand this much better than an abolitionist who has never done sex work. " Another conclusion that emerges from the study named above is that the beginnings of prostitution are very hard (2003: 44, 62 and 71) because all prejudices and personal resistance inculcated against childhood have to be overcome, but then “they get used to it"(2003: 62 and 63) and that by earning money and by employing it mainly to support their children and families, they see the compensation. (2003: 70)52 In fact, Hetaira told us that “normally transgender people are generally more used to stigma. A sex worker can have a double life, but for a transsexual person that is impossible, they always carry the stigma. That is why they are more stigmatized, and also if they are migrants they have several factors of discrimination together. One positive result is that the sex work stigma is just one more. That's why our spokespeople are transsexuals, because they are better at facing the stigma.” Hetaira continues to explain that there are more murders of transsexual sex workers because in their case the stigma is bigger, and stigma works by telling you that that person is less, even increased if they carry more than one stigma with them. “Stigma gives you the right to mistreat someone. In the worst case, to kill. Therefore, there are abolitionist that say that a trans woman is not a woman since they don´t consider her a woman so they claim she doesn´t know what it is to be a woman, therefore she can´t talk for other women,” they point out. When Hetaira was asked about the typical age range of sex workers, they answered that there is no such thing, just as there are many prostitutes who do not fit in the ideal of standard beauty and have a lot of work. Anyone could work and find a demand. They were also asked how the stigma works in the case of sexual assistants, whether it is the same or different in this case, and commented: "The sex assistant debate is a very strong one lately. Stigma works differently. Many sex workers worked with people with special needs long before this debate arose. By wanting to sell it as something that is not prostitution, what is attempted is to free it from stigma. But on the other hand they increase the stigma on sex workers. There is a parallelism between the stigma of sex workers and that of people with functional diversity. Then there are people who want to get rid of the stigma of sex workers or of asking for the services of a sex worker, and it's ridiculous because wanting to get rid of the stigma of buying the services of a sex worker makes no sense taking into account they carry another strong stigma. It is sad that they argue against their own stigma." María José Barrera, one of the founders of AMEP, Association of Women in Prostitution (Andalusia), emphasized the need for sex workers to participate in the design of public policies related to prostitution, "because who knows better than us the reality that we live and therefore

Quoted by Corbalán (2012:193)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero the lack of protection that we suffer? We do not need anyone coming and telling us what we need.”53 And they went on "we need to be heard, and that we all collaborate, not that they try help us when we haven’t asked for it." And Hetaira supports it: "One solution would be to take seriously that sex workers need a place to work without bothering or being harassed. Dare to find other solutions, or try to change something of the current situation, which is not the best. Declare an area as a site where you can work safely with infrastructures, and see what happens. The Red Light District in Amsterdam and the Swiss area are examples of what is not right. They could try something, at least, and what they do is do nothing. It should be possible to have an agreement with all parties involved, anything that shows willingness. " Corbalán (2012:202) states that perhaps what bothers more than prostitution itself could be the fact that they (sex workers) are able to achieve economic self-sufficiency, while having control over their sexual lives, and therefore it would be a problem of social hypocrisy. In the end, Hetaira, gave us some notes about the absence of data on sex work in Spain: “If someone comes with sex work figures in Spain, for sure they are an invention. There are no figures, in Spain there are no figures, we know nothing. Just estimates. And the estimates vary depending on the interest of whoever picks them up. It is annoying, but it has the advantage that you can say that it is not true. Because there are no really official data. It is the only advantage, you can say they are an invention.” Corbalán summarizes that "the discourse that incipiently is being developed by sex workers has the merit of being fed by a daily reality. As we have seen, the opinions are diverse as are the realities of the people who exercise prostitution. " In short, "the phenomenon is so broad and at the same time so deeply buried that while it is clandestine, it will be difficult to find reliable data," states Corbalán (Ibídem:193)

Quoted by Corbalán (2012:193)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero III.

HOW SEX WORK IS REGULATED IN SOME EU COUNTRIES. AND POSITIONS OF SOME INTERNATIONAL ORGANIZATIONS.

In this section I will start from the beginning of the nineteenth century, and pass through the late 1800s, continuing with the UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949, and so on until the latest Amnesty International resolution of 2015, which supposed a huge change in the path of the sex workers movement. From the point of view of P.G. Macioti and Giulia Garofalo Geymorat (2016:10)54, Europe is the continent that produces and has produced in the past the main policies on sex work that have then been exported across the world. This trend, say the authors of the document, began at the beginning of the nineteencentury when regulationism forced sex workers to “work under medical control and economic interference, all without providing them with any rights” In the late 1800s abolitionism was born, recognizing sex workers as victims who, theoretically, should not be criminalised or exploited by the state or any other party. The authors set the UN Convention for the Suppression of the Traffic in Persons and of Exploitation of the Prostitution of Others of 1949 as the convention where abolitionism found its expression. (Ibídem: 11) Corbalán (2012:152) argues that the abolitionist model currently translates into penalization not that much of the sex work as of the sexual work of others that is, any third party involved, besides the clients, is criminalized. The Beyond Trafficking perspective supports this statement, but calls it neo-prohibitionist: “most recently the neo-prohibitionist approach has spread through Europe, represented by the so-called Swedish Model that appeared in 1999.” 3.1 Sweden and the so-called Swedish Model Corbalán (2012:152) confirms that abolitionism today is exemplified by Sweden, where, since 1999, third parties are punished, and the demand for sexual services is also a crime, since it is considered to promote violence against women. Maqueda (2008)55 states that this position places prostitution as a form of violence against human rights and towards women in general. So those sex workers who do not identify themselves with this description of victim are discredited and their voice is hushed. The terms change to reinforce this vision, now the prostitute happens to be a prostituted woman, continues Corbalán. Kulick (2004: 228-229) quoted by Corbalán (2012:152) states that the purpose of this law was to declare the position of the Swedish society, which does not accept sex work. 54 55

Editors of Beyond Trafficking and Slavery document, Sex workers speak. Who listens? (2016). Quoted by Corbalán (2012:152)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero In this way, lawmakers rejected that sex work could be freely chosen, thus eliminating the possibility that people who choose it are in a position to do it freely, continues Corbalán. An activist and sex worker named Pye Jakobson, in a conference organized by Hetaira in Madrid in 2004, denounced that the consequences of the Swedish legislative model were a systematic social defencelessness, an increase in violence against sex workers and a consequent return to search protection of pimps (Corbalán; 2012:152) The Swedish government downplayed this, saying that what was important was to give the impression that Swedish society does indeed reject prostitution, states Corbalán (2012:152153). This could be an example on how morals play an important role in the decision making processes and how stigmatization continues to be an impediment when approaching sex work. Juliano (2002:125-126)56 corroborates a personal suspicion that I have had throughout the investigation that these laws are intended not to protect female sex workers from abuse and exploitation, but to protect society from the danger posed by female workers and especially migrants. It appears, again, the fear of people with different sexual behaviours. Wijers (2004: 215)57 adds that, however, in a high percentage, the legislations are combined. Abolitionist theory and regulatory practices are the legal paradigm of the majority of the EU. The author explains that sex work is something that is seen as morally horrible but accepted as a necessary evil that needs to be prevented as it poses a threat to public health and safety. So much so that health controls are established for sex workers (not for their clients), points out Corbalán, and a work zone is delimited, but no rights are granted to sex workers. Corbalán goes on explaining that in France, Germany, Belgium and Austria sex workers must pay taxation even though profiting from sexual services is formally prohibited. In turn, it is mandatory to register if you are a sex worker, which establishes distinctions between legal and illegal prostitution.

3.2 The Netherlands Corbalán (2012:152) states that abolitionist legislation has been repealed since the year 2000 in the Netherlands. The current legislation, with a labour focus, was approved with the participation of sex workers. The labour focus was born before prostitution was recognized as work by the European Court. The labour approach not only legitimizes the activity but also discriminates the businesses related to sex work, and does not regulate it by criminal law, adds Corbalán. It penalizes coercion and deception, and does not link sex work to immigration, which is a

56 57

Quoted by Corbalán (2012:152) Ibídem (2012:152)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero problem when immigrant sex workers are excluded, again alluding to the fear of an avalanche of immigrant sex workers. 3.3 Germany Corbalán (2012:153) explains that, with the arrival of 2002, a new law regulating prostitution was also implemented in Germany. She goes on to explain that sex workers with this law were included in Social Security and could report when a client refused to pay. This law also excluded foreign women. And as Corbalán ads, in practice, business owners refuse to formalize the employment contract, so this measures taken by the German government are often unrealistic. "The Netherlands achieved a more favourable law for sex workers in part because there was a social movement that advocated for the rights of sex workers, the Red Wire (Rode Draad), the sex workers' union, which in turn had a lot of support from other groups defending minority rights.” 58 Likewise, the BTS document reads, the sex workers’ movement has generally supported decriminalisation. As an example we have New Zealand, although only native sex workers are benefiting from this, and also the Amnesty International resolution, that generated an explosion of headlines in 2015. We can also read in the document elaborated by the BTS project, that decriminalisation is the absence of specific legislation for sex work. This would mean that violence and exploitation could be addressed as in any other economic or sexual act. Sex workers prefer this option for being less damaging and more empowering. Less empowering, continues to explain the BTS document, would be the regulatory legislations in the Netherlands, Germany, and some parts of Australia. Although this approaches are supposed to back sex workers’ rights, the implementation of laws in every single aspect of it divides sex workers between those who can and those who cannot comply with the rules-commonly undocumented migrant sex workers- criminalising them., even if they are, in principle, oriented to the promotion of sex workers’ rights. Moreover, follows the BTS document “these very rules may easily infringe upon sex workers’ basic right to decide how, when, and with whom they will have sex.” As it can be read in the BTS document, decriminalisation would be the first step, as some writers say. Ava Caradonna, from X: talk Project stresses “any law that recognises sex work as work, including decriminalisation, may be used to worsen the already difficult situation of undocumented migrants.” Indeed, reads the BTS document, “in the present regime of criminalisation of migration, simply the act of working can make you a criminal. Recognising sex work as work is therefore not enough.”

Beyond Trafficking and Slavery document, Sex workers speak. Who listens? (2016:15)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero 3.4 ‘Anti-trafficking’ All authors involved in the BTS (2016:16) document agree on the failure of antitrafficking. The term means the “set of interventions that are presented to the public as necessary for combatting “sexual exploitation and trafficking” within the sex industry, as well as for rescuing the victims.” The authors claim that “anti-trafficking laws almost never support the emancipation of workers in the sex industry. What happens instead, as it can be read in the BTS document, is that anti-trafficking interventions generally expose sex workers to more dangerous situations, targeting migrants, who are generally deported. The authors of the mentioned document explain that saving prostitutes in practice means “taking away their livelihoods, and in case they were migrants, removing them from the national territories.” “Sex workers’ groups are clear on this point: all sex workers end up more vulnerable to exploitation, abuse, and coercion as a consequence of ‘anti-trafficking’.” Reads the BTS document This approach finds consensus across the diverse political spectrum, being backed by conservatives, ultra-religious and even feminist groups and parts of the left, reads the BTS document. The simplicity of its message may be the cause of such an unconditional support: ‘fight violence against women’, at all costs. At first, it would be difficult to disagree with such a statement, “but the collateral victims of their methods have been sex workers, who are themselves largely women, LGBTIQ people, and migrants” 59 Gail Pheterson explains that “there is another kind of feminism, of a materialist genealogy, in which sex workers’ organization is strongly rooted. A feminism that recognises its own location and honours the struggles of women, migrants, and LGBTIQ people under capitalistic regimes of neo-colonial, racist, and heterosexist dispossession, exploitation, violence, and abuse.” “Speaking about sex work as work means speaking about precarious and exploited work in times of austerity, war and the increasing criminalisation of people’s movement. It also means speaking about resistance, and about acknowledging our own relative locations, privileges, and inequalities. That might be why it is not always easy to listen.” Empower, Sex work association form Thailand. (Ibídem: 17) As SWEAT from South Africa suitably explains, “talking about sex work also places some uncomfortable realities before those who would rather not talk critically about capital, labour and gender, rescuing women into a utopia of second-hand clothing sales and beading”. 60

59 60

Quoted by Sex Workers Speak, Who listens?( Edited by P.G. Macioti and Giulia Garofalo Geymonat. 2016) Found on Sex Workers Speak, Who listens?( Edited by P.G. Macioti and Giulia Garofalo Geymonat. 2016)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero The sex workers’ movement demands full decriminalisation of sex work, but this will only help sex workers already permitted to work unless migrants are also provided with labour and residence rights. (Ibídem:17) “We don’t do sex work because we are poor, we do sex work to end our poverty … we cannot choose from options we don’t have”. Empower, sex work association from Thailand, quoted by Beyond Trafficking and Slavery. (2016:18)

3.5 Amnesty International In the interview with Hetaira for this investigation, in January 2017, the question was raised as to whether sex work would continue to exist in the event of prohibition. My interlocutor did not hesitate to answer that he was sure it would. And he explained that this is already happening in some Nordic countries, where the purchase of sex is prohibited, but prostitution still exists. And it reminds us of the long-standing topic, that it is the oldest work in the world. He went on to explain that appealing to utopian arguments about the possibility of abolishing capitalism and creating a system where no one ever had to prostitute him or herself is inaccurate, and at the same time covers the claims of sex workers who are struggling to secure their rights. And it reminds us that sex workers are one of the most disadvantaged groups in the world, and that from a human rights perspective what they should be interested in is how they can guarantee their rights. My interlocutor explains that when banning it, the opposite would happen. Hidden, it would still exist but in much worse conditions. In this same interview, my interlocutor reminded me that the Universal Declaration of Human Rights states that all human beings are equal before the law, we are all equal in dignity and rights, and sex workers should not be less.  Article 6. Every human being has the right, everywhere, to the recognition of his legal personality.  Article 7. All are equal before the law and have, without distinction, the right to equal

protection of the law. Everyone has the right to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Amnesty International in its 2015 report corroborates what Hetaira explained: "All over the world, sex workers are constantly exposed to abuse. This is not news. Nor is it that they are a highly marginalized group of people, often forced to live outside the law. "

Sex Work in Europe: a human rights perspective | Verónica G.Herrero "No one would be surprised to learn that they suffer from discrimination, beatings, rape and harassment, sometimes on a daily basis, or that they are often denied access to basic health and housing services.61” Amnesty International explains the controversial decision that was made to decriminalize sex work. It can be read in their declaration that consultation, which was intended to elaborate a policy to protect the human rights of sex workers, caused a great sensation all over the world, condemning the decision to be "defending prostitution as a human right" And, as the organization says, its obligation as a global human rights entity is to seek the best way to prevent violations of rights. And they explain that it is necessary and fair to take into account, according to them "one of the most disadvantaged groups in the world, made up of people who are often forced to live outside the law and denied the most basic human rights : the sex workers. " Amnesty International has taken a firm stand for "the decriminalization of all aspects of consensual intercourse between adults and sex work carried out without coercion, exploitation or abuse." They have done so on the basis of real data and experience of sex workers, concluding that penalty makes them more vulnerable. Amnesty International points out that other groups share their vision of the decriminalization of sex work, including the World Health Organization, UN Women, UNAIDS, the International Labour Organization, the Global Alliance against Trafficking in Women, the Global Network Sexual Work Projects, Global Commission on HIV and Law, Foundations for an Open Society and Anti-Slavery International. In turn, they explain that at all times they have committed themselves to tackling trafficking, which, according to the organization, "is an appalling abuse of human rights and must be penalized by international law. And they add that trafficked women forced to sell sexual services are not "sex workers." "They are victims of trafficking, which deserve protection” Amnesty International stresses that a simple incursion into the lives of sex workers is enough to look at the human rights issues that need to be addressed urgently. Some questions raised by the organization are, they say, more important than any moral objection to sex work: -How can we reduce the threat of violence to sex workers? -What can we do to ensure they have access to health care and help them prevent HIV? - And how can we end discrimination and social marginalization, which increase the risk of sex workers being abused? The organization explains that what is intended is to rethink the laws to guide them to combat exploitation, abuse and trafficking. A starting point for the organization has been to recognize that it is common for people at risk of exclusion to be prone to sex work, for many, as a way of surviving.

A 2010 study of sex workers in the capital of Papua New Guinea, Port Moresby, concluded that over a period of six months, 50 per cent of sex workers had been victims Of rape (by clients or police). Source: Aprosex.org

Sex Work in Europe: a human rights perspective | VerĂłnica G.Herrero "Decriminalizing their work does not mean excusing a world that throws them out. We want these people to enjoy all their human rights and we will continue to fight for a world where this is possible. " -But, is it equal to decriminalize and legalize? Why Amnesty International is committed to decriminalization and not legalization? As explained above, decriminalizing sex work would mean sex workers are no longer acting outside the law, and they are not infringing it. This implies a greater possibility of protecting their human rights. On the other hand, to legalize it would mean that the State formulated specific laws for its regulation, not necessarily looking for the rights of workers. This encourages people with fewer resources to continue to act outside this norm and this leads to their criminalization. With decriminalization sex workers would have more control, they could organize and act more independently, Amnesty International argues. Amnesty International explains that during their consultation with sex workers, most supported decriminalization, but they often viewed with concern the implications of legalization. This was not only due to their distrust of law enforcement authorities, but also to the fear that, if the wrong model of legalization was adopted, it could rest them power or even lead them to criminalization and abuse. And, as Amnesty International says, when a group, in this case sex workers, are no longer seen as criminals, relations with the police improve, and improve their treatment and the level of protection they can offer. This is a guarantor of rights for sex workers. -How does decriminalization protect human rights? From Amnesty International, they assert that they are not naĂŻve or indifferent to the fact that gender inequality and discrimination greatly influence the time a woman engages in sex work. This is why, explains the organization, criminalizing these women is not an option, given their lack of options, it would be counterproductive to use criminal laws and police practices which result would be to make their lives less secure. Amnesty International explains that it is not only a matter of decriminalizing sex work, but this is just the beginning: "States should provide adequate access to support measures, such as social benefits, education and training and / or an alternative job. This does not mean that people engaged in sex work are required to participate in such programs. ""Does this mean protecting the pimps?" Amnesty International denies this. The model proposed by third parties who exploit sex workers would still be criminalized. With more general laws, what would happen is that sex workers see their situation worsened, since they are persecuted for taking actions to keep themselves safe. "Our policy calls for laws to be reoriented to deal with acts of exploitation, abuse and trafficking, rather than to establish very general laws that criminalize sex workers and endanger their lives."

Sex Work in Europe: a human rights perspective | VerĂłnica G.Herrero What is the Nordic model and why does Amnesty International not support it? There are, currently, four avenues or models that would be: Decriminalization

What sex workers ask for, which would eliminate the criminal nature of any aspect of sex work, and sex workers would be protected as in any other industry. Decriminalization protects sex workers and allies (those involved who do not exploit the sex worker). The country that has made it a reality is New Zealand, although with restrictions, since it only applies to the native sex workers of that country.

Criminalization

Punishes everyone involved, removes agency from sex workers, disallowing the receiving of money or goods in return or exchange for sex; being connected with the sex industry or profiting from the sex industry. The main object is to scare people threatening them with arrest. It does not work because people will do what they need to do to survive, and is difficult to get any other type of work if someone has an arrest file for sex work, and also it becomes difficult to get a house. The countries that are currently doing it are Russia, US and South Africa

Nordic Model

Criminalizes the purchasing of sex, although selling sexual services is legal. Under the Nordic model, implemented by Iceland, Norway and Sweden, sex workers lose clientele and are forced to drop their prices. Sex workers see their agency removed and they are afraid to give their identities, which may difficult background checks. This model keeps sex work underground and is based on the premise women need to be saved. Laws against the purchase of sex actually mean that sex workers have to take more risks to protect clients and prevent them from being arrested by the police.

Legalization

Author:

Implies the governmental regulation of sex work with laws regarding where, when and how sew work should take place, it also would have sex workers registered. It criminalises sex workers who cannot abide by the requirements above, thus especially affecting marginalized sex workers negatively. Legalization supposes a background criminalization that is nowadays applied in the Netherlands, Senegal and Germany.

VerĂłnica GarcĂa Herrero.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero From the Beyond Trafficking and Slavery perspective, which represents the opinion of sex workers, activists and experts, we find some notes on their document “Sex Workers Speak, who listen?” (2016:25) related to Amnesty International’s resolutions. “The Amnesty resolution, as well as most other decriminalisation policies, will have little or no positive effect on our lives as migrant sex workers. In fact, certain short cuts towards such a goal might inadvertently turn us into collateral damage. What is clear is that we have reached a historical moment, one in which the political significance of sex workers’ rights has finally started to gain momentum and traction. This is why it is crucial that we, as migrant sex workers, address some of the conflicts of interest between the aims and strategies of the sex workers’ movement as they are currently configured and the strategies and realities of migrant sex workers themselves.” Opposing to decriminalisation is the “rescue industry”, say the authors of “Sex Workers Speak, who listens?” composed of abolitionists who back the ‘Swedish model’ and “individuals and organisations who employ ‘anti-trafficking’ discourses without ever challenging the power structures that enable trafficking and exploitation of workers.” follows the mentioned document. As noted before in this document, the authors claim that most abolitionists think that sex workers are not really conscious of what they do. “They view our work as one in which we are repeatedly raped. Sex work must be rape, according to the abolitionist logic, because no one can consent to selling sex. We are criminalised, arrested, and rescued for ‘our own good”. “We want to be clear: if you come from a situation of poverty, the only thing you have to survive is your body. We maintain that while choice under capitalism is a fictional concept, this does not entitle anyone to deny us our ability to express our demands and improve our situations.” (Ibídem: 17) The authors of the mentioned document explain that as migrant sex workers they are targets of both discriminations, being sex workers and migrants: “We share all the oppressions of national or settled sex workers, but not all the proposed solutions. For some of us, even the main demand of the sex workers’ movement to recognise sex work as work is a double-edged sword. For migrants the question of work, to undertake any work, is often considered the most heinous crime against the state we can commit. If we are caught in the act of working, our best immediate survival strategy is to argue that we were not working and that we were in fact coerced. To put it simply, if you are defined as a trafficked woman then you have some rights and access to resources, if you are defined as a migrant sex worker you don’t.” (Ibídem: 17)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero 3.6 United Kingdom and the situation of migrant sex workers. “If you are either an undocumented migrant or a documented visitor / migrant with no permission to work in the UK and no recourse to public funds, and are busted for sex work, you will be deported and often banned from re-entering the country or the entire EU. You will have no access to legal aid, you will be incarcerated, and you will be exposed to threats and sometimes violence from the police. Even if you are a migrant sex worker with short or long term permission to work in the UK, it is quite possible that you could lose this coveted status because engaging in sex work can be interpreted as a violation of the ‘good character’ clause of UK immigration laws.” Spot the authors of the Beyond Trafficking and Slavery document (2016:29) And they add that “full decriminalisation of sex work would put one class of migrant sex workers – those already allowed to work in the UK – in a much improved position.” From their point of view, this holds if it was accompanied by anti-discrimination policies, and always a strong anti-stigma education in order to prevent immigration authorities from revoking their status on account of suspected anti-social tendencies. “But even such a progressive legislative and political u-turn on prostitution polices would leave undocumented migrant sex workers, or migrant sex workers without work permits, in a very similar position to the one we occupy today: excluded from access to justice, exposed to violence and blackmail, and faced with limited survival options.” They add. “As an immediate survival strategy, sometimes being a victim is more effective than being a freedom fighter”. “Sex Workers Speak, who listens?” (2016:29)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero 3.7 . The French State The Syndicat du travail sexuel, a French syndicate of sex workers, declares that the French state approach is seeing sex workers as victims, but “its combined legal framework positions them first and foremost as offenders, especially when they are migrants.”62 It was in 1960 when the ‘UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others’ was ratified, and since then the French state has officially positioned itself as ‘abolitionist’, a position later reaffirmed by the National Assembly in 2011, the mentioned syndicate explains. In words of the Syndicat du Travail Sexuel, the position the French State has directly assumed prostitutes as offenders, since many practices related to sex work are considered criminal offences, although sex work is not criminalised. The mentioned group continues to explain in the Beyond Trafficking and Slavery document that there is legislation that works in order to define sex workers as offenders:  Procuring: the laws against procuring define the latter as “the act, by whoever, by any way, of helping, assisting, or protecting the prostitution of others”. This would mean that whoever supports them professionally (whoever provides them a workplace, or shares benefits) can be accused of pimping, such as partners. “Sex workers themselves are accused of procuring when sharing a workplace.”  Soliciting: the law against soliciting criminalises “the fact, by any means, including a passive attitude, of soliciting anyone for the purpose of inciting him to sexual relations in exchange for a remuneration or a promise of remuneration”. This law, by keeping vague the definition of solicitation, leaves it open to interpretation by individual police officers, explains the syndicate in the document above mentioned. “Ten years after its establishment, evaluations by state authorities and organisations confirm that street sex workers, especially migrant sex workers, are strongly repressed by police abuse and the threat of deportation. It appears that the underlying purpose of this law was to more efficiently control migratory flows.” Adds the French group.

Quoted by Sex Workers Speak, Who listens?( Edited by P.G. Macioti and Giulia Garofalo Geymonat. 2016)

Sex Work in Europe: a human rights perspective | Verónica G.Herrero “Finally, with the proposal of a new law aimed at fighting the ‘prostitution system’, we note a shift away from the criminalisation of soliciting and towards the criminalisation of clients (the so-called Swedish model). The idea is to stem the demand in order to protect victims of prostitution and thus, according to the promoters of the proposal, to fight against trafficking. By including an ‘exiting programme’, the proposed legislation provides (weak) social welfare benefits and (precarious) residence permits, both conditioned to the cessation of sex work. Unfortunately, the hype generated by media coverage has been disastrous for the working conditions of migrants, with reports of increased harassment by the police in Paris and elsewhere.” States the Syndicat du travail sexuel (Ibdidem: 31) This can relate to the experience of sex workers in Madrid with the measures adopted by Manuela Carmena’s group that gives very few social benefits that include jobs traditionally done by women, contributing to feed the gender gap and gendered jobs. “From the far right to the far left, the support for this proposal is almost unanimous. Presented as crucial to the fight against the commodification of women’s bodies, its announced goal is to fight against trafficking and pimping networks. Contrarily, we understand migrant women as its first targets. Indeed, while migrant women are automatically considered victims of trafficking, in order to get the right to assistance they must leave sex work. As previously mentioned, this is a legal activity in France. Nevertheless, police officers are still being sent to areas where sex work takes place and sex workers can still be prosecuted for soliciting, procuring, or illegal stay. The switch from criminalising sex workers to criminalising clients is only a rhetorical trick.” Concludes the mentioned French syndicate. 3.8 2001: Luxembourg Court of Justice sentences on legitimacy of sex work. In 2001 the Luxembourg Court of Justice sentenced that prostitution was a legitimate economic activity. European Court of Justice of Luxembourg November 20th 2001, Case C-268/99: “According to settled case-law, the pursuit of an activity as an employed person or the provision of services for remuneration must be regarded as an economic activity within the meaning of Article 2 of the EC Treaty (now, after amendment, Article 2 EC), provided that the work performed is genuine and effective and not such as to be regarded as purely marginal and ancillary (see, inter alia, Joined Cases C-51/96 and C-191/97 Deliège [2000] ECR I-2549, paragraphs 53 and 54). (Omission) 49. Consequently, prostitution is a provision of services for remuneration which, as indicated in paragraph 33 above, falls within the concept of economic activities.”63

Judgment of the Court of 20 November 2001.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero Hetaira comments that this was a case law, which created jurisprudence in 2001 and that since then it has been a long time so it is not understood the immobility by pure "political cowardice." "There are "uncomfortable" issues on the political agenda and prostitution is one of them. No one wants to be especially meaningful. Moreover, it is not a population that supposedly generates "voters". And meanwhile, those who have decided to prostitute themselves are left unprotected." Hetaira affirms. 3.9 GDP and 2010 sentence. In 2010 The European Union modified the international criteria to quantify GDP, establishing common rules. These criteria affected armament, drug trafficking, contraband and voluntary prostitution.64 In an interview with the Spanish newspaper El Diario (2014), Cristina Garaizabal and Mamen Briz, both members of Hetaira Collective of Madrid, one could read that before these demands, the National Statistical Institute (INE) had to quantify the number of people who are sex workers in the Spanish state, and make an approximation of the prices of the services they are doing. “According to their results, and as published by the media, 0.35% of GDP is generated by voluntary prostitution. This means the Spanish Government has increased its GDP, which means that the external debt has been lowered. In fact some experts in economics have not hesitated to describe this situation as "debt makeup”. For the authors, it is a question of pure cowardice and political hypocrisy that sex workers are not endowed with labour rights by their own choice, even though they account for this activity in GDP. They add that recognizing sex work as an economic activity (as the Court of Luxembourg ruled in 2001) would have been much simpler to know about the money that prostitution moves and the number of people who exercise it. 3.9.1 The sums don’t add up The article explains that the INE went to unofficial sources to assess the figures in relation to prostitution like associations of prostitutes (like Hetaira) and surveys of sexual habits. The media also noted that they had collected information from the State Security Forces (i.e. trafficking figures, unless they have other information they refuse to make public) and business of adult clubs (some in the thin line of pimping, according to the current Criminal Code). "Now, despite all these difficulties in accounting for the activity, the figures that have finally contributed to the public opinion have surprised those who work in the defence of the rights of those who exercise prostitution: nothing more and no less than 600,000 people. Given the "hoax" that 95% of those who exercise prostitution are women forced to do so, it would mean that in our country there would be 11,400,000 women in this situation (23,633,605 women live in Spain, accounting for children under 18 and older Of 65). The INE – and no other 64

El Diario. 2014. Interview to Cristina Garaizabal and Mamen Briz

Sex Work in Europe: a human rights perspective | Verónica G.Herrero country, following the EU criteria - has not taken into account trafficking in persons because it produces "fraud" in the victim and does not provide a "voluntary exchange" between two people. This "voluntary exchange" exists in non-forced prostitution, since it does not "deceive" any of the parties involved (those who offer the service and those who receive it)."The authors of the article and members of Hetaira explained. "Don’t you think it is unacceptable that the legitimacy of sex work is not recognized legally, that the rights of these people are not recognized while the" supposed "money they move counts in the State´s general account? To us, it is. "The authors conclude.

IV. TRAFFICKING In relation to the above, referring to the little rigor that exists when talking about trafficking, it is necessary to remember what was discussed in this document. As previously explained, confusing sex work with trafficking or smuggling only worsens the situation of the actual victims of trafficking and autonomous sex workers. Trafficking with persons, with and without sexual exploitation, is a crime prosecuted and condemned by the European community. Voluntary sex work is considered to be a legitimate economic activity as resolved by the Court of Justice in Luxembourg in 2001. "From various fields of interest, there´s a tendency to use terms such as trafficking in human beings, confusing it with autonomous migrations of people, or always identifying prostitution with exploitation" (Corbalán Herrera, 261: 2011) Corbalán, citing Lopez Precioso and Mestre i Mestre, performs the following analysis: "When someone is forced to migrate under coercion or deception we are talking about trafficking, however, it is usual for this concept to be confused with smuggling, Which is when migration takes place outside the restrictive legal mechanisms and often appears erroneously linked to situations of violence and deception."(Corbalán Herrera, 261: 2011) Corbalán explains that according to the terminology used by Mestre, there is sexual exploitation when abuse of a situation of superiority or necessity, coercive subjection on an adult person to prostitute or maintain her or him in prostitution. From Hetaira they stress the difference that the international definition of trafficking makes between trafficking for the purpose of sexual exploitation and trafficking with other purposes is purely ideological. "That is, if the same conditions are applied in every situation and then a person works for example as a fisher and another person works in prostitution, why do I have to say that one is for the purpose of sexual exploitation and others for the purpose of labour exploitation? That is a moral difference again because the conditions of recruitment are the same and in their effects the differentiation is fatal because they propose the Palermo Protocol for people under labour exploitation and what they propose for prostitution? Abolishing it, then what happens to the women who are in that situation? Because if they had rights, like all the others, they could

Sex Work in Europe: a human rights perspective | Verónica G.Herrero strengthen their position and not the other way around, this difference of trafficking for sexual exploitation and trafficking for other ends is in the moral. “

4.1 What does the International Labour Organization dictate? The ILO Forced Labour Convention, 1930 (No. 29), states that forced or compulsory labour is: "All work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily". This definition would consist of these elements among others, according to the mentioned Convention: “-Work or service refers to all types of work occurring in any activity, industry or sector including in the informal economy. -Menace of any penalty refers to a wide range of penalties used to compel someone to work. Involuntariness: The terms “offered voluntarily” refer to the free and informed consent of a worker to take a job and his or her freedom to leave at any time. This is not the case for example when an employer or recruiter makes false promises so that a worker take a job he or she would not otherwise have accepted.”65

International Labour Organization official archives.

Sex Work in Europe: a human rights perspective | Verónica G.Herrero

TYPES OF FORCED LABOR IN THE WORLD state imposed 10%

forced sexual exploitation 22%

forced labour in other economic activities 68%

Source: International Labour Organization official estimates.2012. Author: Verónica García Herrero.

Types of forced labour (in millions of people): 18.7 Million (90%) are exploited in the private economy, by individual or enterprises. Of these:   

4.5 million (22%) are victims of forced sexual exploitation 14.2 million (68%) are victims of forced labour exploitation in economic activities, such as agriculture, construction, domestic work or manufacturing 2.2 million (10%9) are in state-imposed forms of forced labour, in prisons or in work imposed by the military or by rebel armed forces

4.2 The reality of forced labour, trafficking and modern slavery In the site of ILO it can be read that “forced labour can be imposed to adults and children, by State authorities, by private enterprises or by individuals. It is observed in all types of economic activity, such as domestic work, construction, agriculture, manufacturing, sexual exploitation, forced begging, etc. and in every country.” “In addition to being a serious violation of fundamental human rights and labour rights, the exaction of forced labour is a criminal offence” adds the ILO´s statement

Sex Work in Europe: a human rights perspective | Verónica G.Herrero In an interview with Cristina Garaizabal (founder of Hetaira) and Gail Pheterson to Pikara Magazine66 both corroborated the above mentioned: "According to this organization, prostitution is only one of the areas in which trafficking situations can occur. According to these studies, only one in nine cases occur in sex work. And they added, "It is very important, therefore, to redefine the concepts we use" And both authors agree that the concept of trafficking that prevails in the social imaginary has been built on the most patriarchal elements of the idea of trafficking, as a way to control female migration and prostitution. "The UN says that one in seven prostitutes is trafficked. Exaggerating the figures dilutes the gravity of someone being trafficked, abducted... I don´t care if it is about women in clubs or men in the fields or in construction. Human rights based societies should not tolerate it" Cristina Garaizabal for Pikara Magazine. “There is a contradiction in the definition of trafficking. An analysis of the reality of female migration leads us to see something different. In general, there is a contract to travel. It may not be very legal, but it is by mutual agreement.” Women sign because they want to travel. Upon arrival, they may be forced to work in a club, when they thought they were going to be domestic workers. This is a crime and, therefore, it is possible to intervene there. Sometimes, they know that they came to work in prostitution, but they find that they are forced to have too many clients, not to use condoms, and so on. This is also a crime. So why not use instruments that already exist? It is about allowing these women to say "I want to be here, but with other conditions". If the feminist and sex workers movement put it this way, we could claim that the problem is that they cannot come legally. " Pheterson points out. Name Smuggling

Definition

It involves crossing borders?

Crossing borders ilegally

Trafficking Labor exploitation means of coercion.

under

Yes Not always

Author: Verónica García Herrero

They also commented on how the idea of trafficking being the same as prostitution prevails in the media. "And one of the reasons is that NGOs receive more money. There is a tremendous effort to strengthen this idea. Why? Because on this depends the control of migrations. And feminists must fight for the right to migrate. " Cristina Garaizabal established the difference between smuggling of persons (crossing borders illegally, which is punished by immigration laws) and trafficking in persons (labour

Pikara Magazine interviews Cristina Garaizabal and Gail Pheterson, “El concepto de trata se ha construido como forma de control de la migración femenina”.2015 66

Sex Work in Europe: a human rights perspective | VerĂłnica G.Herrero and sexual exploitation of people by threat or coercive means-threats, kidnapping, fraud and deception, which does not necessarily require transfer from one country to another; She added that trafficking for purposes of sexual exploitation and prostitution. She also called for a distinction to be made between non-voluntary and voluntary prostitution, as urged by the 2005 European Convention on Combating Trafficking, which has been in force since 2009 in the Spanish State. She added that the Convention also considers trafficking "forced domestic service, forced marriage and prostitution and other forms of sexual exploitation against the will of women" In another article of the aforementioned digital magazine, we find more than interesting notes that Dones Juristes of Catalonia makes on the relationship of trafficking with gender violence. "The European Directive 2011" states that trafficking can be committed by organized crime, but not necessarily. It could be a man who forces his wife to do housework or prostitution against her will, which is directly linked to gender violence. â&#x20AC;&#x153;The networks take advantage of the idea of romantic love which strengthens violence in couple relationships," says the member of Dones Juristes. From her perspective, in the fight against trafficking, it is essential to use "the knowledge, intervention mechanisms and specialized resources that are applied in gender-based violence." "In the world, 80% of victims of trafficking in persons for labour and sexual exploitation are women and girls. Several entities specialized in the detection, identification and treatment of victims of trafficking in Spain recall that trafficking in persons is a form of gender-based violence and calls for a comprehensive approach to the phenomenon that disassociates it from the crime of smuggling punished by immigration laws. "Says Joana G.Grezner in her article for the aforementioned digital magazine Pikara Magazine.

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero

CONCLUSIONS Throughout these pages, we have addressed sex work from several axis, and in the next section my aim is to indicate the contributions and the important aspects we can draw from this research, as well as whether my hypothesis can be proved or not.

First of all, we have explored the artificial division between women and its relation to prostitution. At the beginning of this research I wondered why the words slut or whore are exclusive for women and also the worst insult a woman can get. Obviously, there is no justification for this, but there is a political basis that has been addressed in this research: the artificial division between women. Women are divided between good and bad women from ancient times and the reason is no other than the construction of female identity in relation to men (The Otherness) in a world dominated by the male gaze. Therefore, sex workers are seen as the bad women par excellence, since their sexual habits do not meet the functions traditionally assigned to women: the reproductive function and monogamy. As the concept of dignity is linked to correct sexual behaviour, dignity is lost with prostitution. Sex workers benefit economically of their oppression, and this is a problem for a society that relegates women to precarious work, when the feminization of poverty is a reality, and different salaries are paid to women for the same work as their male colleagues. Similarly, women of colour, in situation of exclusion or poverty are denied and marginalized for their condition and the situation worsens if they prostitute themselves, carrying the sex work stigma too.

Regarding sexuality and sexual habits, my conclusion is that sex is still a taboo and that public policies are generally executed under moralistic and biased perspectives, as the distinction done by ILO between trafficking with means of sexual exploitation and trafficking with other means demonstrates. Sex workers state stigma is one of the main problems they face, and we can conclude the artificial division between bad and good women is the basis of the stigmatization of sex workers that marginalizes and denies them. Fighting stigma and eliminating the taboo over sex would be a starting point to bring consensus and achieve positive changes in society. One conclusion that derives from this research that is related to the topic of sex, is that, contrary to what is believed, sex workers put on sale sexual intercourse, not their bodies, and this would dismantle one of the common beliefs on prostitution. Sexuality is in the core of the debate on sex work. We have seen the opposition between an unstoppable masculinity nowadays vitiated by consumerism and a femininity traditionally seen

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero as passive. In the recent period, pornography has slightly been substituting sex education, configuring masculinity to a toxic extent. Therefore, and in order to make a profound change in society, sex education is crucial if we want to build a more equal world, where gender roles no longer exist. In relation to that, it is of vital importance to focus on how male desire is configured. Sex workers are always the target of all opinions, but masculinity nowadays is in crisis, and there is an urgent need to replace those traditionally oppressive and toxic role models for others. This would benefit sex workers in many ways, as it would reduce violence and abusive attitudes, incrementing the respect in their relations with clients. Not to say how beneficial it would be for society and the upcoming generations.

During this research we have noticed that prostitution is not inherent to any system. Most groups for the abolition of this activity point out the need to abolish sex work in order to abolish patriarchy, but there is no demonstration this would happen. Instead, there is demonstration prostitution is a phenomenon that has survived several systems through History. Patriarchy lies on multiple columns, every institution is affected by its existence, and trying to insist in prostitution as the patriarchal institution par excellence does nothing for women involved in it, we must insist. One of the recommendations on this would be to focus on nowadays reality, on the reality sex workers live and on their needs and claims. As various international organizations point out, it is one of the most marginalized groups in the world, suffering the violation of its fundamental rights in a daily basis. One of the objectives was to study the different positions on sex work and their strengths and weaknesses. The use of the term sex work means empowerment and autonomy for some, and for others is just make up to cover the reality of prostitution. What is clear is that the ones who have things to say on this topic need to be listened, and they are never listened by institutions, press, organizations and society. Whether we use the term sex work or prostitution, we must take into account how sex workers themselves name it and why. Likewise, one of the aims of this research was establishing the differences between trafficking and autonomous sex work: Trafficking and smuggling differ from autonomous sex work. A very important thing to highlight that can be concluded from this research is that the confusion of the term worsens the situation of both autonomous sex workers and victims of trafficking as it does not help to identify trafficking and thus does nothing to fight against it. Another issue concerning the confusion between sex work and trafficking is that there is a widespread notion that nearly every woman in prostitution is coerced, thus trafficked. Although trafficking is a hard reality, this statement is untrue and just helps to hide the reality of autonomous sex workers, making them less visible and criminalizing them. The absence of official and reliable data, consequence of the legal status sex work has in many countries, makes

Sex Work in Europe: a human rights perspective | VerĂłnica G.Herrero it even more difficult to differentiate and thus, to fight against trafficking, which both abolitionists and pro rights agree is a priority.

The feminist movement is divided between those who fight for sex workersâ&#x20AC;&#x2122; rights and those who want prostitution to be abolished. On one hand, pro-rights positions do not deny the realities of trafficking and sexual exploitation, although they have focused on highlighting those cases that challenge the dominant discourse that comes to us from the circles of power which, although necessary, also sometimes contribute to the polarization of both approaches and hinders consensus. Pro rights neither deny the psychological and physical consequences of sex work, but argue that with labour and social rights the situation would be improved. On the other hand, abolitionists base their arguments on the abolition of patriarchy, capitalism and gender roles, pointing sex work as an important enemy to fight in order to end patriarchy. Victimization and infantilizing women normally happens in these circles that generally want to save women without asking them. This approach is realistic in the necessity to end with gender roles and patriarchy but it does not help women by putting them in the same position patriarchy does, and denying their power of will and decision. Both have shadows and lights, and if they could put together all the knowledge and the power they have to improve womenâ&#x20AC;&#x2122;s lives and start a conversation in pro of women that would be a good starting point. In relation to this, although some would deny their existence, there are, in fact autonomous sex workers that prostitute themselves voluntarily, with the restrictions the term voluntary has in a capitalist system, given the urgent need to survive. We should not forget that many of them choose sex work before housekeeping, due to the bad conditions of the latter, and that poverty is one of the reasons to engage in sex work. As noted above, autonomous sex workers do exist, and they are many. Another result of this research is that there is no way to categorize sex workers, as they are as diverse as the human race. But they have things in common, their demands: First of all, they demand to be listened. One of the things I took into account when starting to write this document was the necessity of sex workers to be listened without moral judgements involved, and this is something that may seem very simple but there are only few institutions or organizations that have done this, and Amnesty International is one of them. In the end, we cannot talk about sex work without sex workers. As I found thanks to the interview to Hetaira Collective for this research, they demand material conditions. That is, a place where they can do their activity without disturbing or being disturbed, sanitary conditions, and instead police being after them, criminalizing them or their clients, the presence of police for their safety is what they ask for, in order to reduce the number of aggressions.

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero As noted above, stigma tells the clients they can kill a sex worker because of her status. This is a horrific reality they have to face daily, and from a human rights perspective, denying the abuse they suffer and prosecuting them should be intolerable. Similarly, they demand labour and social rights. That is, health insurance and a plan for retirement. One of the problems they face is that if they get out of sex work they find themselves in poverty. The recognition of their full-right citizenship and the normalization of sex work, meaning the elimination of stigma is also a common demand. Stigma and marginalization are other of the issues they highlight as main problems. They also ask for real alternatives for inclusion, as many of them do not have any alternative to sex work if they want to leave it. Also, they demand that no licenses are given to adult club owners with criminal record. Similarly, they ask for a deep change in society in order to start to be also seen as the workers, the citizens, the friends or the daughters and members of society they are. In these terms I would recommend social awareness projects to end with the idea society has of prostitutes, in order to make them visible as political subjects. In relation to this, sex workers alliances are fundamental and one of their claims is that the more visible, the more they can make alliances and fight to be listened. The relation sex work has with international politics is not a coincidence, as this socio-economic phenomenon has survived different decades and systems in History. Taking European countries as the context of this research is not casual, being Europe the continent that produces the main policies on sex work. This research was born upon Amnesty International releasing their recommendations on sex work, and betting on a human rights perspective while recognizing the violation of the rights of this group. Along this research we have made an overview on how different European states and international organizations react to this phenomenon, and how sex workers are affected by those policies. As the Swedish case demonstrates, many times the intention is to make known the general position of a majority, or to send a message of repudiation of sex workers. The Swedish model has systemic social consequences for sex workers, leaving them defenceless and increasing violence against them. This model is an example of the interest of some to protect society from what they consider a necessary evil that needs to be prevented as it threatens public security, instead of protecting sex workers from abuse and exploitation. Implementing health controls to sex workers and not to their clients, what this model shows is fear to sex workers, especially migrants, as they suffer double criminalisation. Using moralistic policies and denying and criminalising this group, what the Swedish Model hides is a fear to an avalanche of migrant sex workers coming from abroad. On the other hand, what demonstrates the model implemented in the Netherlands is that, first, pressure of sex workers organizations is important to achieve certain rights. Secondly, that

Sex Work in Europe: a human rights perspective | Verónica G.Herrero decision making processes are a lot more appropriate when listening to what sex workers have to say. Together with the German model, the Dutch model excludes foreign women, so does New Zealand, where only natives benefit from the achievement of rights. New Zealand´s model would be what the sex workers’ movement has generally supported, they consider this less damaging and more empowering, in contrast to the German and Dutch models. From a feminist perspective, until the overall status of women does not rise and employment and wage opportunities are not the same as men's, prostitution will continue to be an alternative to low-paid work for many women and should be decriminalized. Therefore, a conclusion that derives from this research is that decriminalization of sex work would only be the first step of a human rights approach on sex work. It would be just the first step because migrant sex workers’ rights are being excluded from the process, because, as this study demonstrates, any law that recognizes sex work as work, including decriminalization, is subjected to be used against undocumented migrants. Therefore, an urgent end to the criminalization of migration is needed. Some recommendations would be to end stigma through education, as well as establishing antidiscrimination measures, while providing real access to support measures, in order prevent criminalisation and marginalisation. Moreover, an important conclusion is that there´s a necessity to challenge the power structures that enable trafficking and exploitation of workers. Because, even with progressive legislative and political changes on sex work, migrant sex workers would remain excluded from access to justice, exposed to violence, and left with limited survival options. We must conclude too that the Human Rights Declaration is not being taken into account when it comes to sex workers’ rights, and this is something the sex workers movement claims, and that Amnesty International has backed. Upon this research, we could set as a starting point the recognition of sex work as a means of survival for people at risk of exclusion. Sex work places uncomfortable realities before those who refuse to talk critically about capital, labour or gender. It also means rethinking the reality of precarious and exploited work we live in, and realising we live times of austerity, wars and criminalisation of people’s organization. But for many, it means resistance from diverse and complex positions from inequalities and privileges, and maybe that is the reason why is so difficult to do. But even if it is difficult, we must try hard to listen to what sex workers and other groups have to say about their realities in order to improve society as a whole. A simple glimpse to the lives of sex workers lets us see an urgent change is needed to preserve the basis of preservation of human rights our community is built on.

Sex Work in Europe: a human rights perspective | VerĂłnica G.Herrero We live a historical moment for the sex workersâ&#x20AC;&#x2122; movement, in the last decades much has happened, and they will continue demanding to be listened, to open new windows in favour of their rights. Confirming my hypothesis, a human rights perspective on sex work is a positive first step to the consecution of a more equal and just society for sex workers and for all, but much is left to be done and now we are just watching the first steps towards a more progressive and concealing approach. In relation to this last statement, there is a need of a feminism that would honour womenâ&#x20AC;&#x2122;s struggles, inclusive with minorities and LGTBIQ people, and that recognizes the importance of the organization of sex workers and confronts colonialism, exploitation and other types of attempts against human rights. In the last lines of this research I would like to point out the impediments that I have had while investigating sex work .Among them, the absence of reliable data on the subject has been an important fact to take into account, as well as the absence of the material means to carry out an in-depth follow-up of the different parties, therefore, future lines of research could be useful to remedy these errors. This research undoubtedly leaves many unresolved issues, so some future researches could have as a subject of study the consequences of capitalism on sex work, or how this system affects women, and sex workers in particular. Other lines of research would be the state of the question in Latin America and how it differs with the European context, whether if migration policies in this case have the same relation with sex work and so on.

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Sex Work in Europe: a human rights perspective | Verónica G.Herrero ANEX

ANEX 1. INTERVIEW TO HETAIRA. Verónica: Should autonomous sex work be considered a job? Hetaira: Sure, as it is a job. It isn’t a job for everyone, though. Not everyone can do this job, you must have some conditions in order to do it, for example, it is better if you enjoy it, or if you don’t mind to have sex with strangers. But it is a job, obviously, and it must be considered as such. V: Abolitionism, regulationism or another solution? H: Another solution. Decriminalization. When you compare different models in different countries you notice that the most important thing is sex workers’ rights. And these rights are achieved only with decriminalisation, and not just decriminalization, but not criminalizing sex work in any way. This is something similar to what is happening in New Zealand. Abolitionism, that is abolish prostitution (as is being tried in some Nordic countries, like Finland and I think Iceland and Norway) doesn’t work. There is an Amnesty International resolution that demonstrate that the latter is a disaster, and the sex workers that supposedly are being protected are the most harmed and the ones that are suffering this kind of approach, as their rights are being violated in a daily basis. As with regulationism what is pretended is to regulate sex work as something that is not a job like other, with especial norms. Higher taxes are established for sex work than for other jobs. V: Which taxes? H: They have to pay taxes, in Germany for example, where they already said that sex work is not immoral / illegal but it is not regulated. There are cities where there are like parking machines where women have to pay five euros each day that they are going to work, for doing it in the street. It is an absurd tax result of regularization, it is implemented in order to control it and to obtain economic benefits and is bound up with mandatory health controls and things like that. V: Because sex work accounts for 35% of GDP in Spain, for example, then if they regulate it, what a patriarchal and capitalist state can think is: “we are going to lose a lot of money if don’t we legalize it” That is the position of Ciudadanos, they want to legalize it, so far in Spain it is not illegal, but they want to legalize it in order to get money from there. V: Would sex work still exist if it was prohibited? H: I am sure it would. There are countries where it is prohibited, like in the Nordic countries where they have a very different model but paying for sex is forbidden, and still this happens

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero This topic that it is the oldest work in the world, I do not know, but I am convinced. I do not know if it would be a beautiful utopia that nobody would ever have to ... but the point is that we have to be realistic, and we must see how we can, because obviously the sex workers is one of the most disadvantaged group in all the world and whose rights are most at risk throughout. So from a human rights point of view what interests me the most is how can I guarantee their rights? And prohibiting it is just the other way around. If prostitution is prohibited, it becomes clandestine, the police, as we see, attacks just the weakest, the sex workers. That is, I am convinced that it would continue to exist, but in even worse conditions. V: In a world without capitalism sex work would still exist? Why do we have to start there? I would love that too, but first of all, prostitution is previous to capitalism. There are multiple columns the patriarchy lies on, marriage is one of them, and no one wants to ban marriage. I would accuse this abolitionists because it is a very comfortable position since they are not sex workers. They feel they are doing something great for the world but who is suffering the consequences of their actions? Sex workers. V: What experience do you have at an international and European level? Is there a strong movement for the rights of sex workers? H: There is a strong movement, in the sense that it is well connected. All over the world they claim their rights and are very well connected to each other, and we work in Europe, in almost all countries, Portugal, France, Italy, Germany, and there are organizations above, there are networks. There is also a very good connection with Latin America, where there is a mother organization that integrates others. In other words, the organization of sex workers exists, but no one wants to listen to them. V: There is communication and sorority but there is no visibility. H: There is no visibility because normally everyone speaks about prostitutes without prostitutes. V: In every debate they are excluded. H: When talking about sex work there are a variety of situations. There are as many people who exercise. Of course there are those who do not want to do it and want to leave. There are women who have left it and say that it is the worst thing in the world and they fight to abolish it, and I understand this much better than an abolitionist who has never done sex work. In the abolitionist discourse they say that one cannot differentiate between sex work and trafficking. Sex work is a forbidden parable. This is fatal not only because it does not correspond to reality but because it is fatal for the true victims of trafficking because they are all victims of trafficking as I really encounter those who are and how I protect them? It is impossible and that is the horrible thing about this speech, which damages those who are victims of trafficking and forced labour.

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero The difference in the international definition of trafficking between trafficking for purposes of sexual exploitation or dealing with other purposes is purely ideological. That is, if the conditions are given in everything and then a person works for example as a fishmonger and another person works in prostitution, because I have to say that one is for the purpose of sexual exploitation and others for the purpose of labour exploitation? That is a moral difference again because the conditions of recruitment are the same but the difference is fatal in its effects because they propose the protocol of Palermo for people with the purpose of labour exploitation that there is more right and that they propose for the prostitution? Then abolish it, then what happens to the women who are in that situation? Because if they had rights, just like the others, they could strengthen their position and not to regress, this difference of treaty for sexual exploitation and treats for other purposes that is in the moral. V: Speaking about legislation, what country would be a role model and which has the worst situation for sex workers? The country with the worst situation ... there are many Sweden, Norway, Russia, Turkey but also in Africa, there are sexual workers suffering all over the world. Much shade and few lights, one of the few lights are Australia and New Zealand. There, sex work is a job like any other, so there is no special legislation on this work, but there is labour protection legislation. As there are for some works. Condoms, hygiene. In New Zealand there is collaboration with the police. If you harass them, you can report the police. But only the native people of New Zealand have it. Precisely New Zealand does not have many problems of migration but if we imagine in the US where great part of the sex workers are migrants. In Holland if it is legislated and only serves a small part. In Norway there are mostly Nigerian sex workers and there is a lot of racism. In New Zealand it works but in Europe it would not work. V: Citizenship in this system is subject to being a member of society, always talking about the workplace, regulating the rights of sex workers and include them as workers, but according to you, what solutions are there for one real social inclusion and eliminate that stigma that both segregates them? H: Stigma is the biggest problem faced by sex workers. If you decide that you are a sex worker even if you are Spanish, you are already a second-class citizen. That is why I think abolitionism works very well, because it is very intuitive. Since young people educate us that the worst thing you can do in your life is to be a whore and so that is why it is very intuitive, and the idea that we have to abolish that because it is the worst in principle is the natural thing to think that we have to abolish it, you do not need Understand all the social mechanisms that precisely lead to that ... the stigma that prostitution is the worst, that is not done and the division between holy women and whores. Obviously patriarchy is very strong, sex work is a patriarchal institution but it would not have to be. Like everything. There may be two positions on sex work. A Utopian one, such as the world without capitalism, without sex work etc. But it is a debate in the philosophical background that does not go

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero anywhere because what we have to look at is the situation of people, what problems they have and how we can to get better.

V: In the case of women who want to get out of this situation, what examples do you like about measures that have been taken to offer them real alternatives? And which less? H: We have been manifesting for years and always had the same banner in the header. We want a safe place to work. We want to be able to work without being disturbed and without disturbing. We've been demanding this for 22 years. With the entrance of Manuela Carmena we were wrong. She has a rather stale speech, and has spoken of victims of trafficking, and makes believe that they are all victims of trafficking, although she herself participated in a study to regulate sex work and well makes the same speech that they are victims that need to be rescued Nothing new regarding Botella or Gallardรณn. Through a small course of cooking or sewing is not bad if it were not the only thing, and there were only 30 seats for all of Madrid, and they were not feminized and precarized. But being alone is not enough. One solution would be to take seriously what sex workers need from a place to work without bothering or being harassed. Dare to find other solutions, or try to change something of the current situation that is not the best possible. Declare an area as a place where you can safely, infrastructures, and see what happens. The showcase of Amsterdam and the Swiss area, that's not good either. You could try something and what they do is do nothing. An agreement with all parties involved should be possible, anything that shows willingness

V: If universal basic income was applied, what would you think it would have on women sex workers? H: Not the discussion of basic income, depends on basic income that you want, there is the unconditional, the conditional ... I fear that we are very far from it to become a reality. It can serve to worsen the situation of people who have no income. If I am unemployed I can charge a fee ... .this is for states with more social security like Germany ... not very realistic ... they would have a fixed income. But it would disguise another benefit cut. Of course for sex workers any money is good, but for now I do not see it as a struggle. V: What do you think about UN and other international organizations? Are you turning your back on sex workers? H: UN women are now seeking an official position on sex work and have not yet decided. Let us hope that they will decide on our side, as Amnesty International did two years ago, also with many pressures from the abolitionist side. Tremendous pressures. There are already other UN institutions that sees the situation from the point of view of human rights of the people exercising as UN AIDS UN Aids. That gives very clear recommendations that it is necessary to always have at the center the fundamental rights of sex workers and that it is no use abolishing

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero or prohibiting. In the background the UN is a thing with many faces and the things it does for example, the Security Council are power politics, there are many horrible countries and the UN ... and influence the work of the UN. Another thing is UN AIDS where there are experts and any expert who has really studied the phenomenon of prostitution will come to the same conclusions. In society there is always an abolitionist discourse that goes against what the experts say. It's a bit like now with Trump, the truth ... I do not care the facts, in prostitution and the fight against trafficking is happening this for years, is acting without basis to any argument based on hoaxes, invented figures ... but back to the UN, one of the legal bases of the UN is the declaration of human rights and this is fundamental and must be effective for all including sex workers

V: Amnesty International reports in 2015 recommending the decriminalization of sex work H: I'm sure there are a lot of prostitutes who do not even know about that, the decision that was taken was an expert decision, it was a very tough decision and very controversial and very resistant within the same institution. There are sections that ignore this decision and there have been cases in which they have expressed their disagreement. What happens is that they have lost members by not wanting to be linked to this decision. They are few activists who have a posture, so far not much is said about this. All pro rights organizations love it. We are delighted with life. No one with democratic values can say anything wrong with AI. It is also an organizational support. These reports require a lot of resources that we do not have, and it comes in handy.

V: Sonia Sรกnchez speaks of a pimping state in the sense that instead of offering real alternatives for inclusion in working life, she offers a food box, which she says holds them in that situation. H: The pimp is a third. There is the sex worker, the client and anyone who is in that, supporting organizing or whatever is pimp, and that is a very unique thing of sex work and in no job a third party would be considered a pimp. But another thing is that the state works as a pimp with special taxes. If you earn money with sex work and you have special taxes you have to earn more to make ends meet and you benefit from your money. If the state fines, as in Villaverde where the police fine women. So to get to the month they have to work harder to pay the fines and this if it falls within the definition of State Pimp. This definition does exist but in the sense that the State should give rights not to be exploited

V: What effects does a legality have in the Spanish state?

Sex Work in Europe: a human rights perspective | Verรณnica G.Herrero H: It has several effects. There are negative and positive effects. Positives in comparison in legislating or not legislating. The positive thing is that anyone can decide if they want to do sex work. There are elements that make it difficult. One effect that could be positive is that there are no taxes, but in the long term it is fatal because they cannot retire and have no right to health, etc. Compared to other models, with certain regularization, I prefer legality to regularization that only want to take money from sex workers and that force health checks so we prefer to be legal to a horrible regularization.

V: There is no reliable data on sex workers. It has been extended that says that 80% are victims of trafficking, what effects has this lack of data on sex workers? Of Spain there are no data, in smaller countries yes, just for being a thing to legal, there are no figures. How does it affect us? H: If someone comes with sex work figures in Spain they have been invented ... a figure is a figure ... but there are no figures, in Spain there are no figures, we know nothing. Just estimates. And the estimates vary in the interest of whoever picks them up. It is annoying, but it has the advantage that you can say that it is not true. Because there are no really official data. It is the only advantage you can say that are invented.