The Fourth Chamber of the Supreme Court has issued a ruling recognising the right of sex workers to join a trade union.
The lawsuit was brought by the Commission for the Investigation of Abuse of Women, and the Seville 8 March platform, against the Union Organisation of Sex Workers (OTRAS), requesting the nullity of the statutes and articles of association of the so-called Union Organisation of Sex Workers and, consequently, the dissolution of the trade union organisation, ordering its deregistration in the corresponding register. The Public Prosecutor's Office joined in the action.
The Social Division of the National High Court, in its ruling of 19/11/2018 (proc. no. 258/2018), declared the statutes of the OTRAS trade union null and void, on the grounds that they protected salaried prostitution.
The judgement was appealed in cassation before the Fourth Chamber of the Supreme Court by the Organisation of Sex Workers Trade Union (OTRAS), and the judgement was handed down today.
The judgement states that trade union statutes cannot determine the legality (or illegality) of any activity, as that task falls to the legislator; that the focus of the present dispute is to verify whether the trade union freedom invoked by those who have promoted OTRAS falls within the confines of the current legislation; and that therefore, by operation of law, the examination must be, and is, that of the content of the statutes, not that of parallel or related realities. Read more.
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