Sexkauf

A Legal and Legal-Ethical Examination of Prostitution
Nomos, 2023
ISBN 978-3-7489-3732-6
332 pages
39 EUR (e-book // also available as softcover)

With contributions by
Dr Jakob Drobnik | Professor Elke Mack | Professor Ulrich Rommelfanger

In their study, the authors subject the current German prostitution legislation (ProstG i.V.m. ProstSchG) to a legal-ethical and constitutional examination. In doing so, they question the legislative assumption that the sale of sex is voluntary and also examine the right to sexual self-determination of prostitutes with regard to their dignity.
In a first step, they place the legalisation of prostitution in the context of international and European law and examine the material and personal consequences for those affected. The second step is an examination of the constitutionality of the existing legislation on the basis of fundamental rights, especially the human dignity norm of Article 1 of the Basic Law and the general right of personality.

The authors conclude that the German regulations for the prostitution trade are not compatible with the Basic Law and discuss the question of a fundamental reorganisation.