Feminist notes on the legal framework of the immigration and trafficking in women in Europe and Spain

Abstract

In this work, we seek to understand aspects of the legal framework of migration, trafficking in women and prostitution in Europe generally and specifically in Spain from an analysis of key regulations in force between 2005/2007 in these contexts. For this, we seek to know how the legislation and the tendency to border closures offer loopholes that lead to exploitation and vulnerability for migrant women who are exercising prostitution in Spain. We have analyzed the following documents: Protocol to prevent, suppress and punish trafficking in persons, especially women and children, in 2000, supplementing the UN Convention against international organized crime, the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against international organized crime and the Migration Act 1985 Spanish. The policy on trafficking in women and the more conservative positions on migration in the EU has had specific consequences for women. The treaties and laws emphasize, above all, measures of border control and repression of possible committed crimes. This perspective leaves in the background of the rights / immigrants and victims of trafficking of people (it is important to note that the texts of treaties and laws that give rise to trafficking of women identify with migration for prostitution). With regard to prostitution, the Spanish law does not penalize, but also does not regulate the practice of prostitution; makes such activity in a situation of complete illegality, which ultimately increases the vulnerability of prostitutes before abuse and exploitation of all kinds.