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Prostitution, disability and prohibition
  1. Frej Klem Thomsen
  1. Correspondence to Dr Frej Klem Thomsen; Roskilde University, Building 3.1.3, Universitetsvej 1, Postbox 260, Roskilde 4000, Denmark; fkt{at}ruc.dk

Abstract

Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three arguments for a legal exception, based on sexual rights, beneficence, and luck egalitarianism, respectively. It concludes that although the general case for and against criminalisation is complicated there is a good case for a legal exception.

  • Criminal Law
  • Disability
  • Ethics
  • Minorities

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