Prostitution laws in Colombia

Article 42 of Law 1801 of 2016 says the exercise of prostitution as such does not lead to corrective measures for disturbing coexistence, because people in prostitution are especially vulnerable to trafficking, sexual exploitation and femicide. Article 44 lists conduct that sex workers must avoid, including working "por fuera de las zonas u horarios asignados" (outside the assigned zones or hours) and without the required health and protection measures, punishable by general fines (type 3 or 4) and temporary suspension of the activity. The Constitutional Court has described sex workers as subjects of special constitutional protection (T-594/2016).

Article 45 of Law 1801 of 2016 (as corrected by Decree 555 of 2017) lists conduct clients must avoid: disrespecting or assaulting sex workers, forcing them into acts against their will, and requesting or using their services in breach of the conditions in article 46. Each carries a general fine of type 4; the last may also lead to a community or educational programme.

Article 43 of Law 1801 of 2016 sets the requirements; article 46 sanctions owners, managers and "las personas que organizan la provisión de ese tipo de actividad" (those who organise its provision) who break them or allow prostitution outside the zones and hours set by district or municipal rules. Criminal law reaches venues only where minors are involved (Penal Code art. 217). In T-594/2016 the Constitutional Court noted that the commercial activity of brothels is not penalised in Colombia, and in T-629/2010 it held that a bar employing a sex worker owed her labour protection.

Article 213 (as amended by Law 1236 of 2008) punishes whoever "con ánimo de lucrarse o para satisfacer los deseos de otro, induzca al comercio carnal o a la prostitución a otra persona". Article 214 punishes constraining a person to prostitution. Article 216 increases both penalties, for example where the victim is under 14 or is taken abroad. Article 213-A punishes organising or facilitating the prostitution of anyone under 18 with 14 to 25 years. The offences turn on inducement or coercion; managing a venue that meets the Police Code conditions is treated as lawful (see brothels).

Article 219-A of the Penal Code (as amended by Law 1329 of 2009) covers whoever "utilice o facilite el correo tradicional, las redes globales de información, telefonía o cualquier medio de comunicación" to obtain, request, offer or facilitate sexual contact with minors. An advertisement that induces a person into prostitution could in principle fall under article 213. Municipal rules on signage and the Police Code's zoning of venues may also restrict how venues present themselves; these were not reviewed.