Are evolving human rights harmless? An examination of English legislation, prostitution and its effect on human relatedness

New Bioeth. 2014;20(2):153-73. doi: 10.1179/2050287714Z.00000000050.

Abstract

This paper addresses key philosophical and social questions that shape the contemporary discourse on prostitution. The initial section outlines the contemporary challenges facing legislative practice on prostitution in England. This involves analysing moral and legal framework surrounding prostitution that has made the current legislative dilemma surrounding prostitution practice possible. The second part of the paper then outlines the history of the philosophy of human rights from Aquinas to the Universal Declaration of Human Rights (1948). The paper concludes by analysing whether the current ontology employed by human rights theory is effective in creating a system of just relatedness between agents, made visible in concrete legislative guidance. I argue that legislation guided by a fragmented teleology and ontological anthropology enables asymmetrical patterns of relatedness that can cause genuine physical and psychological harm to individuals.

Keywords: Locke; human dignity; human rights; prostitution; sex work; sexual ethics.

Publication types

  • Historical Article

MeSH terms

  • Commodification*
  • England
  • Europe
  • Female
  • History, 17th Century
  • History, 18th Century
  • History, 20th Century
  • History, 21st Century
  • History, Ancient
  • History, Medieval
  • Human Rights / history
  • Human Rights / legislation & jurisprudence*
  • Humans
  • Interpersonal Relations*
  • Jurisprudence
  • Male
  • Morals*
  • Personal Autonomy*
  • Personhood
  • Sex Work / legislation & jurisprudence*
  • Sex Workers / legislation & jurisprudence
  • Social Justice*