SHARE
COPY LINK
For members

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.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

HEALTH

Ideological battle over abortion as Spain vote looms

A controversial anti-abortion proposal by the far-right Vox party has sparked heated debate in a key election year for Spain, with its left-wing government raising the alarm about extremist agendas.

Ideological battle over abortion as Spain vote looms

Last week, a Vox official in the northern region of Castilla y León, which is co-run by the right and far right, said doctors would have to offer women seeking an abortion the option of hearing the heartbeat of the foetus.

The measure is similar to that adopted last year by the far-right government of Hungarian Prime Minister Viktor Orban, which requires pregnant women to listen to the foetus’ “vital functions’ before having an abortion.

The aim was “to promote childbirth and support families”, said the region’s deputy head Juan Garcia-Gallardo, a member of Vox which, like other parties of its ilk, has put a lot of focus on this ideologically charged issue.

READ ALSO: Spain’s Castilla y León to introduce measures to prevent abortions

Spain, a European leader when it comes to women’s rights, decriminalised abortion in 1985 and in 2010 it passed a law that allows women to opt freely for abortion during the first 14 weeks of pregnancy in most cases.

A government bill which aims to guarantee access to the procedure at public hospitals is currently making its way through parliament.

‘Threat is very real’

Vox in 2022 entered a regional government for the first time since it was founded in 2013 when it became the junior partner in a coalition with the conservative Popular Party (PP) in Castilla y León.

The experiment in the region close to Madrid is being closely watched: polls suggest the PP would win a general election expected the end of the year but would need the support of Vox to govern.

Before that, Spain will vote in May in regional and local elections.

Socialist Prime Minister Pedro Sánchez used his address at the World Economic Forum in Davos on Tuesday to warn of the threat posed by the far-right, in what was seen as a reference to Castilla y León.

“We have to prevent these political forces from reaching the institutions… because the threat is very real, especially in those countries where far-right forces have the support of mainstream conservative parties,” he said.

He accused Moscow of using far-right parties to sow division in Europe, adding: “We will fight them with the same determination and conviction that the Ukrainians are fighting Russian forces.”

Sánchez’s executive has sent two notices to the regional government of Castilla y León reminding it that it does not have the authority to alter the abortion law.

READ ALSO: What are Spain’s abortion laws for foreign residents and visitors?

‘Drive a wedge’

Meanwhile, the main opposition PP has tried to distance itself from the controversy. It said the measure, which was first put forward by Garcia-Gallardo, will never come into force.

During a TV interview on Tuesday, PP leader Alberto Núñez Feijóo said: “No woman who wants to voluntarily interrupt her pregnancy according to the law will be coerced anywhere where the PP governs.”

Feijóo, who has pushed the PP to the centre since becoming leader of the party in April, did not hide his discomfort with Vox, which he said was “clearly mistaken”.

He said the far-right party had sparked a controversy that “clearly” benefitted Sánchez’s government, which had “a lot of problems”.

The abortion row has overshadowed other disputes troubling the government. They include a row sparked by a flagship law against sexual violence that toughened penalties for rape but eased sentences for other sexual crimes. This has set some convicts free after their jail terms were reduced.

Antonio Barroso, of political consultancy Teneo, said Vox was “trying to drive a wedge within the PP by pushing for initiatives that pull the party away from the centre”.

Controversies over issues like abortion could help Sánchez “to mobilise the left-wing electorate by capitalising on their potential fears of a PP-Vox government”, he added in a research note.

SHOW COMMENTS