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In the International sex work day, the Spanish Supreme Court authorized the creation of the Trade Union Organization of Sex Workers (Other), reversing a decision of the National Court. So the justice of Spain recognizes the right of sex workers to organize.
“The scope of the contested statutes is in accordance with the law, the persons performing the sex work referred to in the proceedings enjoy the fundamental right to freedom of association and have the right to organize», Declared the Supreme Court in its judgment published this Wednesday, with reference to the self-employed workers.
The justice pointed out that “within the functional framework of the statutes, there is no place for the labor relations which have for object the prostitution for others”. work at least one hour a week and get paid for it.
The unionization of sex work has been a widely debated issue in Spain, both by society and by political leaders. The state and two abolitionist feminist organizations -the Commission of Inquiry into the ill-treatment of women (CIMTM) and the Platform 8 of Marzo de Sevilla- they had filed a legal action to remove the others from the register of the Ministry of Labor. The National Court gave them the reason for this in November 2018, considering that it protected prostitution as an employee.
On Wednesday, Spain’s highest court ruled in favor of the right of trade union association for single sex workers, although chose not to enter into the debate on the legality of the activity.
“Certain union statutes cannot determine the legality (or illegality) of any activity, and this task corresponds to the legislator,” said the judges, who delegated this task to the National Congress.
The decision was celebrated by the union through its social networks.
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