Examinando por Materia "SEXO Y DERECHO - COLOMBIA"

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    Los baches en la vía hacia la regulación del trabajo sexual en Colombia
    (Universidad EAFIT, 2025) Herrera Salazar, Stefania; Sánchez Vásquez, Carolina
    “The oldest profession in the world” is an expression that has been used for centuries to refer to sex work. In Colombia, for many years, the Constitutional Court maintained that, for a social state governed by the rule of law, prostitution is not desirable as it is contrary to human dignity by involving the commercialization of one’s own body (Corte Constitucional, 1995). Consequently, the rights of people who engaged in sex work were not fully recognized. However, the T-629 Ruling of 2010 marked a milestone in the struggle for the regulation of sex work. For the first time, the Constitutional Court recognized it as a dignified job and urged the authorities to exercise their powers to effectively protect the rights of those who practice it. Despite this, there is currently no public policy or law in the country that regulates, protects, and recognizes sex workers as any other worker, that is, with the labor rights of other workers, such as benefits and social security (Jovita, 2020). Consequently, the lack of recognition of labor rights creates a legal gap in the protection of those who engage in sex work. This opens the door to multiple forms of vulnerability due to inequality, impunity, and social marginalization. Additionally, it exposes these people to various forms of violence: physical, psychological, economic, domestic, administrative, and police. People who engage in sex work face a series of challenges, including psychological, economic, domestic, administrative, and police. They have resisted for decades the abandonment of entities, which have left them in the background. These people seek to carry out their work in a dignified manner, that is, to live without being subjected to any form of humiliation or torture (Corte Constitucional, 2016) and with the guarantee of the exercise of all their rights. Despite these challenges, the lack of guarantor policies cannot be considered an insurmountable obstacle. Organizations such as Putamente Poderosas, Sintrasexa, and Redtrasex have taken the lead in the fight for the rights of sex workers. These entities continue to work with determination to promote the recognition and dignification of sex work, facing obstacles with firmness and persistence. However, the absence of effective regulations on the rights of sex workers remains a significant problem. The lack of recognition of this work as an activity that allows the exercise of all rights prevents the creation of adequate public policies; this deficiency has a considerable negative impact, since sex workers do not have access to minimal and vital labor rights, as will be evidenced in this monograph. In addition, the low visibility of the problem contributes to raising the research question, which is, what have been the political and social barriers to the regulation of sex work in Colombia since 2010 with Ruling C 629?