The Legalization Regulation Of The Sex Trade Essay

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This paper argues for the decriminalization plus regulation of the sex trade. This paper will defend the position that activities associated with adult prostitution (advertising, buying, soliciting, living off the avails and keeping a bawdy house) should be decriminalized/ legalized due to: a) the capacity for criminalization to infringe on sex worker’s fundamental rights to life, liberty, and security and b) the capacity for criminalization to prohibit sex worker’s from actively preventing harm to oneself. Philosophical support for this position will come from arguments rooted in human rights’ perspective, John Stuart Mill’s “harm principle” and arguments rooted in feminist theory. The harm principle contends “it is only justifiable to interfere with the autonomy or liberty of adults in order to prevent harm (physical harm & deprivation of rights and liberties) occurring to other persons”. Whereas feminist theory consists of a view rooted in gender equality rights and social justice. This paper will discuss and respond to criticisms and objections rooted in legal moralism, and welfare paternalism that support the criminalization of prostitution. Furthermore, this paper will draw upon arguments from Prostitution Reference, and Supreme Court of Canada’s Bedford Case; where judges and litigants interpreted criminalization of activities related prostitution within the context of (s.213) communication, (s. 210) keeping a bawdyhouse, and (s.212) living off the avails.
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