The regulation of the sex business
The future law of the Generalitat bet that the prostitute decides about his work. Prostitutes will take classes on your own local health. Law of the Government which provides for regulating and limiting sexual services criminalises pimping up to one hundred thousand euros, but it raises a contractual relationship between the prostitute and the owner of the premises. Offer or ask for sex in the street can cost 600 euros.
Only in premises licensed. The wording of draft – that avoids “the use of the word prostitution, degrading connotations” and proposes the term “sexual services in Exchange for compensation” – establishes that such services can only take place in premises with a legal license, whether they are self-managed by the professionals or rented to third parties. It’s back to the spaces closed and legalized so that the fundamental rights are not violated and thus control the exploitation. In this sense, arises that prostitutes autogestionen in houses with a small number of rooms and without intermediaries, in a clear goodbye to figure from whom from the brothel forces to carry out a certain number of services per day, staying with a percentage of earnings.
The Pact with the client. The person who is prostitute, recognized here as a legal subject, will manage its activity with a double contract: with the client, on the one hand, and the owner of the premises where it provides its services. Thus, establish personally a verbal contract or agreement with the customer, which, “being that a lawful activity”, will be valid. This legal relationship will be leasing services (its civil nature makes it exclusive jurisdiction of the Generalitat) and not of works, so that payment will not be subject to obtaining a certain result. It will be possible, in addition, require payment in advance, and who receive the service is obliged to pay who pays.
Contract with the owner of the LOCAL. Who provide sexual services can sign contracts with third parties which yield the use of property. A contract this time will have to be in writing and the model to be approved of anti-pollution. Those contracts will be registered in a record – confidential – for which is expected to create a “competent Department in the field of entertainment”, according to the mentioned draft. The relevant item that legislates on the prostitute-tenant relationship is that this may not determine the services provided, or the form or the person who provided.
The percentage is over. The price for using the prostituticion-enabled local dependencies must be set explicitly. I.e., the owner of the premises may not sit with a percentage of the profits of the person who provides sexual services. Nor of who receives them. Where that person freely provided sexual services also working waitress, dancer, alternadora, masseur… must be the relevant employment contract. In addition, are prohibited from the prostitute residing in the premises where he works.
A record of BROTHELS. Any establishment that offers or provides these services must be expressly authorized and explicitly prohibit entry to minors. Owners, of course, may not have a criminal record for crimes against persons, sexual freedom, the rights of the worker and of foreign citizens. They may be local bar, canned and without dance floor music; places that offer erotic spectacle – with or without dance-track;houses of relaxation or motels intended to do so, or establishments self-managed by persons who prostitute themselves.
‘INVISIBLE’ prostitution. These establishments may not sit on floors with neighborhood and located less than 250 metres from teaching or local centres where assistance under. They must also keep a minimum distance of 250 meters, although Councils may vary these requirements in accordance with the characteristics of their municipality. You can only access these establishments from public roads, and only from them you will enter the reserved where the activity is carried out. He is prohibited likewise placed on the outside of those local advertising or luminous claims which refer explicitly to that activity. Only the advertising contained in the classified ads of print media that do not contain explicit or nude images will be allowed.
Schedule and security. Prostitution is may not exercise at these venues more than eight hours a day or more than six days a week, making it a record of entries and exits must be: must sign and submit the identity card or passport. The establishment will be responsible for security, both workers and customers.
With condoms or nothing. All persons engaged in remunerated sexual activity will have the right and the obligation to follow regular health check-ups. Not so the customers. These are bound to use condoms and local, to guarantee their access. The Departament de Sanitat will be issued free of charge a health card to those who offer these services. This card, the owner of the premises where prostitution is exercised has the obligation to ask, be credited sanitary inspections carried out.
By the SEXUAL health. The fine for prostitution knowingly have a serious infectious or sexually transmitted disease will be the hardest: 6.001 to 100,000 euros. The same amount will be imposed for demanding sexual services under these conditions. Sanitat will require not only be healthy to the professionals, but it will guarantee them a special attention for these diseases. In addition, expected to the Department to promote and preserve “the physical and mental health of those providing paid sexual services” and to ensure that health professionals “are necessary to adequately serve this sector specific training”.
Health education IN SITU. The Generalitat shall adopt programmes for these people – or even to customers-to educate them on the health, informing of the risks of drug use, to detoxify them alcohol or other drugs and to “assist in their psychological problems arising from the activity of paid sexual services”. These educational programs may be conducted in own facilities where sexual activity is exercised. The clinical history and psychological record of the prostitute shall be confidential.
For those who are want to ‘remove ‘. The Catalan public administrations “should promote and facilitate – adds the draft labor alternatives” for people who are in the need to engage in this activity. Courses, programs, financial aid and foster homes are provided for in the chapter on social services. The last section would benefit those people who follow a program of socio-labour insertion and have no resources, and those whose physical or moral integrity at risk or have been ill-treated as a result of its activity.
Foreigners care. The Government will promote the process of regularization of the immigrant who performs the activity and, if necessary, temporary residence on humanitarian grounds. That they are in an irregular situation or do not have the economic means may request to pay the return to their country.
Infringements. Charge you Commission, exploit it or retain documentation of the sex worker will be considered very serious infringement (from 6.001 to 100,000 euros and withdrawal of licence between 18 and 24 months). Serious fault include the of requiring the use of alcohol or other substances on the premises, which is penaría with the closure of up to 12 months and a fine of between 601 and 6,000 euros.