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Agustina Iglesias Skulj ( PhD. )/Luz M. Puente Aba ( PhD. ) University of A Coruña

The Spanish Comprehensive Plan to combat t rafficking in human beings with the purpose of sexual exploitation : policies and outcomes (2008-2012). Agustina Iglesias Skulj ( PhD. )/Luz M. Puente Aba ( PhD. ) University of A Coruña. Spanish policies on trafficking in human beings.

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Agustina Iglesias Skulj ( PhD. )/Luz M. Puente Aba ( PhD. ) University of A Coruña

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  1. TheSpanishComprehensive Plan tocombat trafficking in humanbeingswiththepurpose of sexual exploitation: policies and outcomes (2008-2012) Agustina Iglesias Skulj (PhD.)/Luz M. Puente Aba (PhD.) University of A Coruña

  2. Spanish policies on trafficking in human beings • Abolitionist stance: prostitution = sexual exploitation • This perspective represents both an epistemological and political obstacle in defining “trafficking” • This framework was also present in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children (UN, 2000)

  3. Exploitation Key element of the definition: “exploitation”, described as covering “the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs” Sexual exploitation remains the paradigmatic understanding of trafficking “Exploitation” is not defined

  4. Vulnerability Council of Europe (OJC59- 2/23/2001) defines vulnerability in the context of trafficking as the “result of coercion and an irregular administrative situation” This definition leads to the confusion between the smuggling of migrants and trafficking. Even though they were sanctioned in separate Protocols, were equated in the concept of vulnerability in Spanish Criminal Code until 2010

  5. Data • UNDOC (2009) • 63% had adopted measures against trafficking • 16% only certain elements contained in the definition of the Protocol to Prevent, Suppress and Punish trafficking in persons • Spain is included in the latter group

  6. Policy on prostitution • Abolitionist model (outdoor and indoor prostitution are neither prohibited nor regulated) • The Criminal Code prohibits the inducement of someone to enter into, or continue to engage in prostitution if the inducement is by coercion, exploitation of a situation of hardship, or abuse of a position of superiority, or when a third party profits from the prostitution of other, even with his/her consent

  7. In 2000, the Penal Code included a general offence of smuggling of migrants (Article 318 bis) and a specific offence of trafficking in human beings for the purpose of sexual exploitation (Article 188.2). • In 2003 (art. 318.2 bis) Sex trafficking applied when the victim was an irregular migrant

  8. In 2010 a new reform incorporates art. 177 bis which incriminates the offence of trafficking in human beings regardless the illegal status of the person involved.

  9. Principles of the Plan tocombat sex trafficking • Gender perspective: “women are more likely to become victims because of the lack of education and opportunities” • Human Trafficking cannot be disengaged from prostitution • Transnational character of the phenomenon • Crime that requires effective police and judicial action

  10. Outcomes and shortcomings of the Plan No programme to cover the whole country. Lack of specific technical staff Awareness campaigns aimed at combating prostitution

  11. Awareness Campaigns“you are buying lives not sex!”

  12. Campaing against advertisement in newspapers

  13. LawEnforcement (NationalPolice/Civil Guard) • Raids in local bars or flats increased in 164% since 2009 • “Very few women who voluntarily come forward to file a complaint” • Alien Act incorporates as specially regulated situation the figure of the victim of trafficking in human beings

  14. OrganizedCrimeIntelligence Center (CICO) • 2010: 335 “criminal organizations” • 1641 victims were rescued

  15. Final Remarks • The Ombudsman emphasizes the failures of the enforcement of the Aliens Act by the Security Forces and by the staff in Detention Centers • This approach reduces women´s migration and participation in the sex industry to the idea of sex slavery, and simplifies social relations by viewing them exclusively in terms of patriarchal oppression or criminal activity • It enforces the idea that trafficking is equivalent to coerced and illegal migration

  16. Counter trafficking policies needs to address: • Controlling borders and bodies, stricter penalties for traffickers and the criminalization of victims themselves are insufficient • Spanish policies needs to: a) consider the problem in relation to the global movement of women, laws and gender issues that affect them; b) remove the conflation between trafficking and prostitution; c) interrogate assumptions that are presented as “reality”

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