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SPANISH LAW

EXPLAINED: What is Spain’s anti-trafficking law?

The Spanish government has passed a draft bill that seeks to beef up the fight against human trafficking and exploitation, addressing everything from prostitution to arranged marriages and organ trafficking.

SPAIN-ANTI-TRAFFICKING-LAW
Spanish Minister for Justice Pilar Llop has said the anti-trafficking law will be fully approved before 2023's general elections. (Photo by PIERRE-PHILIPPE MARCOU / AFP)

On November 29th, Spain’s Council of Ministers approved a draft law aimed at tackling human trafficking.

The law, known as la ley de trata (or anti-trafficking law) will bolster measures against sexual exploitation, forced and arranged marriages, slavery, forced labour, organ and tissue removal, and situations where vulnerable people are forced to engage in criminal activity.

Spain’s Justice Minister, Pilar Llop, said that the law will protect “people who suffer a lot in our country and also in other countries around the world,” strengthening the fight against trafficking mafias and organised crime groups to “break the business chain that is generated using human beings as commodities.”

The law will, among other things, create a national plan for the prevention of trafficking, protection and privacy protocols, a compensation fund for victims, social, health and financial support, and increase awareness of the problem at the educational level.

A particular focus of the legislation will be on minors, migrants, asylum seekers and refugees – groups thought to be most vulnerable to exploitation and trafficking.

Prostitution in Spain

Many cases of human trafficking in Spain result in sexual exploitation, but there exists no single law that deals directly with prostitution in Spain. Prostitution was decriminalised in 1995, though its related activities, such as pimping, trafficking, and sexual exploitation are still illegal.

READ ALSO: What’s the law on prostitution in Spain?

Although the clandestine nature of the sex work makes accurate data hard to find, according to a 2011 UN report, Spain is the third biggest centre for prostitution in the world, behind only Thailand and Puerto Rico.

In 2016, UNAIDS estimated that over 70,000 prostitutes were working in Spain, but some estimates put that number as high 350,000.

It is believed that 80 percent of them are foreigners, with many reportedly coming from Colombia, the Dominican Republic, Morocco and eastern Europe.

If the draft law is finally approved, its sexual exploitation clauses would include prison sentences of up to eight years for procurers such as pimps or madams.

Customers of prostitutes that have been forced to be sexual workers could also face fines and prison sentences of between six months and four years.

The Spanish government wants prostitution banned in its current form in Spain.

Forced labour

Clearly, the ley de trata will hope to combat some of the sexual exploitation of women in Spain, but the anti-trafficking legislation is more far-reaching than that and is also intended to tackle forced labour and slavery – two big but underreported problems in Spain.

According to the U.S State Department’s 2022 report on human trafficking in Spain, “labour trafficking is under-identified in Spain. Authorities report the pandemic increased worker vulnerabilities and contributed to the rise in labour trafficking in 2020 and 2021, especially in agriculture, domestic work, and cannabis cultivation in Catalonia.”

“In 2022, Ukrainian refugees, predominantly women and children fleeing Russia’s war against Ukraine, are vulnerable to trafficking. Labour traffickers continue to exploit men and women from Eastern Europe and South and East Asia, particularly Pakistan, in the textile, construction, industrial, beauty, elder care facilities, and retail sectors.”

It should be said, however, that the report also notes that “the government of Spain fully meets the minimum standards for the elimination of trafficking” and kept it in its Tier 1 of nations.

What does Spain’s anti-trafficking law include?

  • National Trafficking Plan

The law will create a protocol to coordinate the immediate referral of trafficked persons to specialised services, which will be overseen by a National Rapporteur on Trafficking and Exploitation of Human Beings run through Spain’s Interior Ministry, according to the Spanish government website.

The rapporteur will oversee anti-trafficking policy and represent Spain in the international arena, a role considered crucial as human trafficking is often a cross border, international problem.

  • Education

According to Article 7 of the law, efforts will also be made to improve educational awareness of the problems of trafficking and exploitation with a focus on human rights, sexual education, and democratic values.

  • Social, labour, and health support

A ‘Social and Labour Insertion Plan’ will be created for victims of trafficking and exploitation that provides social, health and employment support for victims.

This could include housing access, physical, psychological and sexual health support, employment opportunities, and financial assistance for victims and their family members.

  • Tightening labour market regulation

As trafficked and exploited people are so often brought in from abroad (and often dependent on the traffickers themselves for housing, food, money and so on) the regulation of migrant worker recruitment will be tightened through beefed up surveillance and labour standards.

  • Compensation fund

A compensation fund – the Fund for the Compensation of Victims of Trafficking and Exploitation (FIVTE) – will also be created, and will be taken from state budgets, as well as money or goods confiscated from convicted traffickers.

  • Protection and privacy

The anti-trafficking law will also provide protection services and maintain the victim’s right to privacy, protect their identity, access to free legal advice and even offer a living income.

According to Article 36 of the bill, victims trafficked from abroad will have the right to voluntary and assisted return to their country of origin. If they were brought illegally into Spain and don’t have official documentation, the Spanish government will issue them with the appropriate papers needed for travel as well as provide them with the option of residency.

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POLITICS

Spanish government to alter sexual consent law to fix loopholes

Spain's leftwing government said Monday it was looking to modify a landmark law to fight sexual violence to close a loophole that has let some convicted offenders reduce their sentences.

Spanish government to alter sexual consent law to fix loopholes

Since the law came into force in October, around 20 offenders have reportedly been released and 300 others have seen their sentences reduced.

Prime Minister Pedro Sánchez’s Socialist party has announced plans to reform the law.

“In the coming days, we will present a draft bill, a meticulous text that will provide a response and a solution to these undesired effects which we obviously don’t want to see repeated in the future,” said Education Minister Pilar Alegria, who is also party spokeswoman.

“Logically, the best way to specifically address these undesired effects would be to increase the penalties for sexual offenders,” she told reporters.

READ ALSO – ‘Only yes means yes’: Spain tightens sexual consent law

The controversy erupted barely six weeks after the entry into force of the “Only yes means yes” law, which reformed the criminal code in a bid to define all non-consensual sex as rape.

The overall aim of the law was to shift the focus in cases of sexual violence from the victims’ resistance to a women’s free and clearly expressed consent.

To this end, the charge of sexual abuse was dropped and everything was grouped under sexual assault. The range of penalties was widened to include all possibilities under that single term.

READ ALSO: How Spain is trying to fix its new trouble-ridden sexual consent law

The law effectively reduces the minimum and the maximum punishment in certain specific cases and hundreds have applied to have their sentences revised.

‘Consent must remain at the centre’

Over the weekend, reports that the government was mulling changes to the law prompted tensions between the ruling Socialists and their hard-left junior coalition partner Podemos, which has championed the legislation.

The right-wing opposition Popular Party (PP) had quickly moved to offer parliamentary support if the Socialists wanted to push through the changes without Podemos.

But Podemos reacted angrily. Equality Minister Irene Montero warned that such a move would mean the law reverting to its original format and she vowed to do “whatever necessary” to ensure consent was kept at the centre.

Her stance was hammered home by party leader Ione Belarra on Monday morning. “Consent has to remain at the heart of the criminal code. We can’t go back to the evidentiary ordeal of proving we resisted enough or that we hadn’t been drinking,” tweeted Belarra, the social rights minister.

Socialist ministers insisted the planned changes would merely address the loopholes and would not touch the issue of consent.

“The correction and modification of the law is designed to avoid any undesired outcomes in the future and the issue of consent will remain at the centre of the law against sexual assault so that women avoid enduring the ordeal of proof in court,” cabinet minister Felix Bolanos, a close Sánchez aide, told reporters.

Until now, rape victims had needed to prove they were subjected to violence or intimidation. Without that, the offence was considered “sexual abuse” and carried lighter penalties than rape.

With “sexual abuse” dropped from the reformed criminal code and a much wider range of offences grouped under “sexual assault”, a broader range of penalties was required to ensure proportionality.

At the weekend, Montero said it was only a “minority” of judges who had applied the law incorrectly.

She said there were similar teething problems with Spain’s landmark 2004 domestic violence legislation, the first in Europe, which faced “almost 200 questions” about its legality in the first years after it was passed.

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