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Prostitution and fundamental rights: a comparative analysis of Constitutions and national legislations
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The work deals with the existing relationship between prostitute's fundamental rights and all the legal frameworks which are in force in Europe.
Chapter I examines some legal, thorny issues concerning prostitution, such as the disposal of the body, the notion of human dignity, the equality principle, the general clause of good customs, the right to work and to health and. In Chapters II-V these issues are transposed into the analysis of four European States' Constitution and legislations.
The Russian prohibitionism is characterised by the prostitutes' administrative prosecution on the basis of public morality and health.
The Swedish neo-prohibitionism aims at establishing a gender policy, which is grounded on a new social order; as a result, Swedish law subjects clients to sanctions, while considering prostitutes as victims who deserve a special protection.
Italian abolitionism provides for a freedom to prostitute yourself which must be in compliance with the general clause of public morality, while prosecuting all those activities that are ancillary and apt to violate the prostitutes' self-determination; in any case, the legislative aim is to respect and fulfil all the constitutional fundamental rights.
The German regulatory framework regards prostitution as an expression of the occupational freedom provided by the Basic Law, in order to promote the individual's substantial self-determination and to protect prostitutes' fundamental rights.
Finally the work ends with a short consideration on whether there is - or there is not - a legal pattern which is apt to protect all the fundamental rights to whom prostitutes are entitled.
Chapter I examines some legal, thorny issues concerning prostitution, such as the disposal of the body, the notion of human dignity, the equality principle, the general clause of good customs, the right to work and to health and. In Chapters II-V these issues are transposed into the analysis of four European States' Constitution and legislations.
The Russian prohibitionism is characterised by the prostitutes' administrative prosecution on the basis of public morality and health.
The Swedish neo-prohibitionism aims at establishing a gender policy, which is grounded on a new social order; as a result, Swedish law subjects clients to sanctions, while considering prostitutes as victims who deserve a special protection.
Italian abolitionism provides for a freedom to prostitute yourself which must be in compliance with the general clause of public morality, while prosecuting all those activities that are ancillary and apt to violate the prostitutes' self-determination; in any case, the legislative aim is to respect and fulfil all the constitutional fundamental rights.
The German regulatory framework regards prostitution as an expression of the occupational freedom provided by the Basic Law, in order to promote the individual's substantial self-determination and to protect prostitutes' fundamental rights.
Finally the work ends with a short consideration on whether there is - or there is not - a legal pattern which is apt to protect all the fundamental rights to whom prostitutes are entitled.
Series: Studi di Genere. Quaderni di Donne & Ricerca
Number of pages: 64
ISBN:9788875901301
Accessibility:Open