Ban prostitution now?

BarcelonaIn recent years, the PSOE has attempted on several occasions, using various mechanisms, to introduce legal changes that would lead to the abolition of prostitution. However, each time it has attempted this, it has encountered opposition from the majority of its members. A few days ago, and weeks after the audio recordings of Ábalos and Koldo came to light in which they talked about hiring prostitutes, the Minister of Equality, Ana Redondo, asserted that now is the "political moment" to try again. It will once again be a difficult path for the Socialists, as even their governing partner, Sumar, opposes the PSOE's approach on this issue. However, the executive has two open fronts regarding gender-based violence where it could have greater success.

Regarding the abolition of prostitution, the discrepancy is wide and there are many nuances between political parties. Since 2021, the PSOE defines itself as "abolitionist" and supports prohibiting prostitution in any context and form. In contrast, some partners, such as Sumar and ERC, are more in favor of granting rights to sex workers who work voluntarily, that is, as long as there is no pimping. A position known as regulationist or pro-rights.

It may seem, then, that an agreement on the abolition of prostitution in general terms is far off, but that there may be an understanding on the prosecution of those who profit from the prostitution of others, since almost all parties in Congress are in favor of prosecuting pimps. However, it will also be difficult to reach an agreement on this matter.

The disagreement over "locative third party"

To put an end to pimping, the minister asserts that the law she now intends to pass includes the prosecution of those who profit from the transfer of a property where sex is practiced in exchange for money. This is what is known as locative third party, and it is one of the points that also generates discrepancies, since parties such as Sumar and several partners of the Spanish government have until now considered that pursuing it can put women who work in prostitution on their own account at risk.

Last term the socialists included the locative third party in an amendment to the law of only yes is yes. However, this amendment ended up undermining the rapprochement of positions that the then Minister of Equality, Irene Montero, had made with pro-rights political parties such as Comuns, ERC and the CUP, which consisted of excluding from the locative third party cases in which the practice is self-employed. The law ultimately did not penalize prostitution, a symptom of the complexity of the debate and the difficulty of reaching agreements.

For the moment, Sumar and the Spanish government's partners have not clarified their position on this specific issue today, and most want to first see what the ministry's announcement entails in order to make a statement. In any case, Yolanda Díaz's party recalls that it positioned itself against the bill to prosecute pimping presented by the PSOE this term, in April 2024, which sought to expand the cases under which this crime is prosecuted. The proposal also included the locative third party, And in the plenary session where the debate was held, the Socialists were left defending their position.

Human trafficking and vicarious violence

Beyond Ana Redondo's announcement of an abolitionist law, the ministry is also working on a law against human trafficking and on the legal prosecution of vicarious violence, with its introduction in the Penal Code. Currently, these are issues not specifically regulated in Spanish legislation. Redondo will likely be able to get out more easily, as these are matters covered by the State Pact Against Gender-Based Violence, renewed in 2025 with the support of all parties except Vox.

The abolition of prostitution, however, is not included in the Pact. For this reason, and also due to factors such as the complexity of a debate that divides feminism, the entrenchment of the PP when it comes to approving Spanish government measures, and the tight parliamentary arithmetic that forces Pedro Sánchez to constantly balance, a new heated political debate is predicted. Furthermore, the fundamental disagreements between the PSOE and Sumar on the issue could cause further friction for the Spanish executive. As was the case during the last term, will the Ministry of Equality once again be a hot potato for Pedro Sánchez? We should find out this fall.