Reinforcing or challenging stigma? The risks and benefits of 'dignity talk' in sex work discourse

Stewart Cunningham

Research output: Contribution to journalArticle

1 Citation (Scopus)

Abstract

The concept of 'human dignity' sits at the heart of international human rights law and a growing number of national constitutions and yet its meaning is heavily contested and contingent. I aim to supplement the theoretical literature on dignity by providing an empirical study of how the concept is used in the specific context of legal discourse on sex work. I will analyse jurisprudence in which commercial sex was declared as incompatible with human dignity, focussing on the South African Constitutional Court case of S v Jordan and the Indian Supreme Court case of Budhadev Karmaskar v State of West Bengal. I will consider how these courts conceptualise dignity and argue that their conclusions on the undignified nature of sex work are predicated on particular sexual norms that privilege emotional and relational intimacy. In light of the stigma faced by sex workers I will explore how a discourse, proclaiming sex work as beneath human dignity, may impact on the way that sex workers are perceived and represented culturally, arguing that it reinforces stigma. I will go on to examine how sex workers subvert the notion that commercial sex is undignified, and resist stigma, by campaigning for the right to sell sex with dignity. I will demonstrate that an alternative legal approach to dignity and sex work is possible, where the two are not considered as inherently incompatible, concluding with thoughts on the risks and benefits of using 'dignity talk' in activism and campaigns for sex work law reform.

LanguageEnglish
Pages45-65
Number of pages21
JournalInternational Journal for the Semiotics of Law
Volume29
Issue number1
Early online date29 Jun 2015
DOIs
Publication statusPublished - 1 Mar 2016

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human dignity
discourse
worker
law reform
constitutional court
Jordan
intimacy
jurisprudence
privilege
supplement
Supreme Court
constitution
human rights
campaign
Stigma
Discourse
Dignity
Law
Human Dignity
Sex Workers

Keywords

  • discourse theory
  • human dignity
  • Laclau and Mouffe
  • prostitution
  • sex work
  • stigma

Cite this

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Reinforcing or challenging stigma? The risks and benefits of 'dignity talk' in sex work discourse. / Cunningham, Stewart.

In: International Journal for the Semiotics of Law , Vol. 29, No. 1, 01.03.2016, p. 45-65.

Research output: Contribution to journalArticle

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