The Constitutional Issues on Regulations of Sex Trade from the Viewpoint of the Right to Sex Work
Date Issued
2008
Date
2008
Author(s)
Tai, Tung-Mei
Abstract
This thesis is to explore the control of the sex trade under the constitutional framework. First of all, the sex trade in the history of Taiwan and the control patterns of it in several world powers reflect its image in people''s minds. By these preliminary understanding, I not only discussed the reasons for the sex trade under the national control one by one, but also dealt with the conflict between the national control and the right to sex trade. Furthermore, I attempted to use the concept of the right to sex work in order to re-examine whether the existing law in accordance with the demands of the Constitution principles. Since the sex trade activities can not be comprehensive and efficient manner ban from ancient times until now, I advocate that we shall confront sex work as a work, no matter which is legal or not. Confined with the right to sex trade and the right to sex work, the policy of the sex trade should be governed by light-handed regulation, regardless of the prostitutes, their clients or the pimps of prostitution. Especially in the proposition of non-punishment for prostitutes, it is even not appropriate for esteeming the client or the pimp as a separate object of punishment. In other words, the means of control beyond the punishment, based on the protection of the sexual autonomy and the right to sex work, should impose lower density of regulation, such as a system for future reference or a cooperative association.
Subjects
sexual intercourse
sexual autonomy
sex work
sex trade
prostitute
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