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Prostitution in Portugal is legal, but it is illegal for a third party to profit from, promote, encourage or facilitate the prostitution of another. 〔(Archivi Archivi del Novecento: Prostitution in Portugal - The legal framework )〕 Consequently, organized prostitution (brothels, prostitution rings or other forms of pimping) is prohibited.〔(U.S. Departement of State, Bureau of Democracy, Human Rights, and Labor, ''2007 Country Report on Human Rights in Portugal'' ): "Pimping and running brothels are illegal and legally punishable".〕 〔(Nuno Nodin et al. International Encyclopedia of Sexuality: Portugal. 8. Significant Unconventional Sexual Behaviors )〕 Although the number of workers involved in the industry is notoriously difficult to estimate, in the mid-2000s, the number of female prostitutes was estimated at 28,000, of whom at least 50% were foreigners.〔João Saramago, (Estrangeiras dominam prazer ), Correio da Manhã (17th March 2005)〕〔(Sex work and Sexual Exploitation in the European Union - The Situation in Portugal ).〕 ==Legal Framework== The legal status of prostitution in Portugal has changed several times. In 1949 a harsh law dealing with sexually transmitted diseases came into effect placing further restrictions on the registration of workers and forbidding the opening of any new houses. Existing houses could be closed if thought to provide a threat to public health. An inquiry at the time estimated that there were 5,276 workers and 485 houses, and appeared confined to the major urban areas of Lisbon, Porto, Coimbra and Evora. However it was recognised that registered workers represented only a portion of the total population. This law was intended to eradicate prostitution. 〔Tovar de Lemos, A. Inquérito acerca da Prostitução e Doencas venéreas em Portugal, 1950. Editorial Imperio, Lisboa 1953〕 In 1963, prostitution became illegal. 〔Law of Sept 19 1962, law 44579, made the practice of prostitution illegal from January 1st 1963〕 At that time brothels and other premises were closed. This was an abolitionist position ending the prior era of regulation, including regular medical checks on sex workers. The law had little effect on the extent of prostitution, and on January 1, 1983 this law was partially repealed making not sex work itself, but merely its exploitation and facilitation illegal. Prosecution was still possible under offences against public decency and morals, but this was infrequent, although regulation was in the hands of local authorities and enforcement was variable. Thus this could be considered as an example of 'toleration'. Male prostitution has never been recognized. Further amendments occurred in 1995 and 1998. The Code was most recently amended in 2001, 〔Law 99/2001 of 25.08.2001〕 specifically to deal with increasing concerns around child prostitution and human trafficking. According to a Portuguese Government spokesperson "The Governmentls opinion was that prostitution was not a crime. Neither were the prostitutes' clients considered to be criminals, but those who exploited prostitutes and gained profits from their activities were considered criminals under the law." 〔( UN Committee on Elimination of Discrimination against Women 2002 )〕 In its 2005 review of European legislation the European Parliament report categories Portugal as 'abolitionist'. 〔(Study on national legislation on prostitution and the trafficking in women and children. European Parliament 2005 )〕 That is to say that neither indoor nor outdoor work are either prohibited nor regulated, but nevertheless there are restrictions on working conditions which arise from custom, not law, but are enforced by police. There are areas in which outdoor sex workers cannot work, and restrictions on where they may work indoors. For instance one cannot rent an apartment to a sex worker. The law technically only applies to third parties, not workers or clients, addressing pimping, procuring and facilitating. Article 170 (''Lenocínio'', Living off Immoral Earnings) of the Penal Code reads: 1 - Who, professionally or for profit, promotes, encourages or facilitates the practice by another person of prostitution or sexual acts of relief shall be punished with imprisonment from 6 months to 5 years. 2 - If the agent uses violence, serious threat, deception, fraud, abuse of authority resulting from a hierarchical relationship of dependence, economic or work, or takes advantage of mental incapacity of the victim or any other situation of particular vulnerability, they shall be punished with imprisonment of 1 to 8 years. Several other prostitution-related activities are widely disapproved of and prohibited, such as human trafficking, and child prostitution. 〔(UN Refugee Agency: Trafficking in Persons Report 2009 - Portugal )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Prostitution in Portugal」の詳細全文を読む スポンサード リンク
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