Colombian Prostitution Laws & Considerations
Prostitution is a highly complex social phenomenon, with serious impacts on human rights and economic, moral, cultural and personal implications that affect those who practice it. Physical and psychological violence, sexual abuse, pornography, forced consumption of psychoactive substances, repercussions on mental health (including psychiatric clinical conditions), are just some of the adverse effects or risks of practicing this activity.
However, its regulation in legal terms in the country is not clear. Although Colombian jurisprudence has spoken out and measures have been adopted within the legal framework, such as ruling T-594 of 2016, which prohibits discrimination against sex workers, a substantive debate to address the problem in a comprehensive manner has still not become a reality.
In the world, the panorama ranges from countries in which this practice is recognized as a formal job, which is regulated, to others in which models are applied that promote its prohibition and total abolition.
In Colombia, the practice of prostitution is not prohibited for those of legal age and for those who practice it voluntarily, but there is no clarity regarding the obligations that apply to these people, to those who promote it and to those who consume it.
Key Points Regarding Colombian Laws on Prostitution
- Legality: Prostitution is not illegal in Colombia for adults engaging voluntarily.
- Regulations: Laws exist to protect against exploitation, trafficking, and involving minors.
- Health and Safety: Measures are required to protect sex workers’ health and safety.
- Impact: The 2010 Court decision (T-629) recognized sex workers’ rights and led to improvements, but challenges remain.
- Global Landscape: Approaches to prostitution vary worldwide, ranging from full legalization to prohibition.
- Uncertainties: The article acknowledges unclear regulations regarding obligations for sex workers, facilitators, and clients.
- Associated Risks: The article highlights risks like exploitation, violence, STDs, and trafficking.
- Recommendations for Foreigners: The article advises caution and avoiding exploitation.
- Policy Developments: The article mentions Medellin’s proposed tourism reform aiming for responsible tourism, not “sexual tourism.”
Additional Information:
- The article emphasizes the complexity of prostitution and its various impacts.
- It avoids promoting or encouraging prostitution.
- It provides legal information but disclaims being legal advice and recommends seeking professional guidance.
Note: This index focuses on the core aspects of prostitution in Colombia, including its legal status, regulations, risks, and recent policy developments. It does not include information unrelated to the topic, such as the administrative restructuring proposal mentioned in the latter part of the article.
Colombian Court Sentence T-629 of 2010: Prostitution and its Limits
Disclaimer: I am not a lawyer and this information should not be considered legal advice. It is always best to consult with a professional for legal matters.
General Information:
- The Colombian Court Sentence T-629 of 2010 was a landmark decision that addressed the legality and regulation of prostitution in Colombia.
- The Court found that prostitution itself is not illegal but recognized the need for regulations to protect sex workers and prevent exploitation.
- The decision emphasized the importance of fundamental rights for sex workers, including dignity, equality, and the right to work.
Outline of the Sentence:
- Legality: Prostitution is not explicitly prohibited by Colombian law, and the Court recognized it as a legitimate form of work.
- Limitations: The Court established limitations on the practice of prostitution, including:
- Exploitation: Pimping, human trafficking, and other forms of exploitation are illegal.
- Minors: Prostitution involving minors is strictly prohibited and considered a serious crime.
- Public order: Activities that disrupt public order, such as solicitation in certain areas, can be sanctioned.
- Health and safety: Measures to protect the health and safety of sex workers, such as access to healthcare and information about sexually transmitted infections, are required.
- Positive obligations: The Court recognized the State’s responsibility to protect the rights of sex workers and implement measures to prevent discrimination and violence against them.
Impact:
- This decision has had a significant impact on the legal and social landscape of prostitution in Colombia.
- It has contributed to increased recognition of the rights of sex workers and led to efforts to improve their working conditions and access to social protection.
However, challenges remain in fully implementing the Court’s decision and addressing issues such as stigma, discrimination, and violence against sex workers.
Prostitution in Colombia is neither illegal nor penalized.
There is no specific legal framework that regulates voluntary prostitution.
The Colombian Penal Code punishes sexual exploitation, pimping of minors and forced prostitution.
Law 1336 of 2009 criminalizes sexual exploitation and pornography with minors, as well as sexual tourism.
Associated risks:
Sexual exploitation,
Tips for foreigners who want to request sexual services in Colombia:
Ask about the price before starting the service: This will help you avoid abuse and scams.
Use condoms to prevent the spread of STDs: It is important that the condom be used throughout the sexual act.
Do not share personal information with the sex worker: This includes information such as her name, address or phone number.
Avoid using drugs or alcohol with the sex worker: This puts you in a vulnerable situation.
If you suspect that a sex worker is being exploited, report the case to the authorities: You can do so by calling line 123 of the Colombian National Police.
Before the Medellín Council, Mayor Federico Gutiérrez filed the first draft agreement since he took office on January 1. With the initiative, the local leader intends to be given free rein to carry out a reform of the administrative structure that will have an impact on five departments at the central level of the mayor’s office.
Specifically, Gutiérrez seeks to make “strategic changes” to improve the effectiveness of public administration, as he said. The changes they seek include among their most important lines the creation of the Secretariat of Tourism and the transformation of the Secretariat of Non-Violence into that of Peace and Human Rights.
“We intend to strengthen tourism in the city, as one of the most important lines of the economy, which today represents 7 points of the GDP in Medellín. We are proposing the creation of the Ministry of Tourism as an entity that articulates good actions to generate responsible and valuable tourism, we do not want more sexual or drug tourism,” indicated the local president.
Two other changes contemplated by the project based in the council have to do with Buen Comienzo, which will assume responsibility for early childhood public policy, which was not included in that special administrative unit, but the prevention function of the teenage pregnancy, “which currently presents duplicity in the Ministry of Health, and the latter is responsible.”
From the district administration they reported that with this proposal the Undersecretary of Tourism, currently attached to the Secretariat of Economic Development, would be eliminated and that it would become the Undersecretary of Tourism Promotion and Entertainment, but not in Economic Development, but in the new Secretariat. of Tourism.
Gutiérrez added that it is very important to strengthen responsible and sustainable tourism, given that at this moment, this sector of the economy generates 90,000 directing jobs and groups 9.3% of the business base, since there are more than 9,400 companies dedicated to tourism. and entertainment.
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