The Spanish Constitution, the social state and the rights of women who practise prostitution

This paper examines the various problems posed by the regulation of prostitution, and also considers whether this regulation helps to protect people who practise prostitution against infection by HIV/AIDS. The main focus of the study has been to ascertain the current situation in Spain. The paper an...

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Main Author: Magdalena Lorenzo Rodríguez-Armas
Format: Article
Language:Spanish
Published: Universidad de Alicante 2008-12-01
Series:Feminismo/s
Subjects:
Online Access:https://feminismos.ua.es/article/view/2008-n12-constitucion-espanola-estado-social-y-derechos-de-las-mujeres-que-ejercen-la-prostitucion
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author Magdalena Lorenzo Rodríguez-Armas
author_facet Magdalena Lorenzo Rodríguez-Armas
author_sort Magdalena Lorenzo Rodríguez-Armas
collection DOAJ
description This paper examines the various problems posed by the regulation of prostitution, and also considers whether this regulation helps to protect people who practise prostitution against infection by HIV/AIDS. The main focus of the study has been to ascertain the current situation in Spain. The paper analyses the different models which have been used to regulate prostitution in Spain since the nineteenth century, a common feature of which has been the non-penalization of prostitution by women who work for themselves, with the exception of the so-called Ley de peligrosidad (Law of Dangerousness) of 1970. Through a gender-based analysis, the author concludes that the democratic state should persevere in its fight against forced prostitution and the trafficking of people, and, with regard to this particular study, that it should fight hard against sexual exploitation in order to put an end to the sexual discrimination which women have suffered throughout history; moreover, if effective equality between women and men is to be achieved, the government should recognise and regulate sexual rights which are not clearly expressed in the Spanish Constitution. All this should be seen as a step towards the possible legalization of prostitution, since, if prostitution is to be dealt with from the perspective of equal rights, the solution should not only be considered in terms of abolition, but in terms of the recognition of rights.
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spelling doaj.art-13b521e7f74644cf807296a57a88e3bb2022-12-22T00:43:44ZspaUniversidad de AlicanteFeminismo/s1696-81661989-99982008-12-0101225327010.14198/fem.2008.12.104972The Spanish Constitution, the social state and the rights of women who practise prostitutionMagdalena Lorenzo Rodríguez-ArmasThis paper examines the various problems posed by the regulation of prostitution, and also considers whether this regulation helps to protect people who practise prostitution against infection by HIV/AIDS. The main focus of the study has been to ascertain the current situation in Spain. The paper analyses the different models which have been used to regulate prostitution in Spain since the nineteenth century, a common feature of which has been the non-penalization of prostitution by women who work for themselves, with the exception of the so-called Ley de peligrosidad (Law of Dangerousness) of 1970. Through a gender-based analysis, the author concludes that the democratic state should persevere in its fight against forced prostitution and the trafficking of people, and, with regard to this particular study, that it should fight hard against sexual exploitation in order to put an end to the sexual discrimination which women have suffered throughout history; moreover, if effective equality between women and men is to be achieved, the government should recognise and regulate sexual rights which are not clearly expressed in the Spanish Constitution. All this should be seen as a step towards the possible legalization of prostitution, since, if prostitution is to be dealt with from the perspective of equal rights, the solution should not only be considered in terms of abolition, but in terms of the recognition of rights.https://feminismos.ua.es/article/view/2008-n12-constitucion-espanola-estado-social-y-derechos-de-las-mujeres-que-ejercen-la-prostitucionconstitución españolaregulación de la prostituciónexplotación sexualdiscriminación sexualgénero
spellingShingle Magdalena Lorenzo Rodríguez-Armas
The Spanish Constitution, the social state and the rights of women who practise prostitution
Feminismo/s
constitución española
regulación de la prostitución
explotación sexual
discriminación sexual
género
title The Spanish Constitution, the social state and the rights of women who practise prostitution
title_full The Spanish Constitution, the social state and the rights of women who practise prostitution
title_fullStr The Spanish Constitution, the social state and the rights of women who practise prostitution
title_full_unstemmed The Spanish Constitution, the social state and the rights of women who practise prostitution
title_short The Spanish Constitution, the social state and the rights of women who practise prostitution
title_sort spanish constitution the social state and the rights of women who practise prostitution
topic constitución española
regulación de la prostitución
explotación sexual
discriminación sexual
género
url https://feminismos.ua.es/article/view/2008-n12-constitucion-espanola-estado-social-y-derechos-de-las-mujeres-que-ejercen-la-prostitucion
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