Das Spannungsverhältnis zwischen Prostitutionsgesetz und Art. 3 II Grundgesetz - eine rechtspolitische Untersuchung

Abstract

The study analyses the concept and the direct effects of the German Prostitution Law in its difficult relationship to article 3 paragraph ii of the German Constitution.With an amount of more than 90% of female prostitutes prostitution reflects structural gender specific discrimination of women in an extremely radical way. The study proves this theory in a historical survey of prostitution and in the analysis of the current gender relation in the field of employment in general and of prostitution in particular. The study analyses the concept of the Prostitution Law of 2002 and its insufficient if not even counterproductive effects on the lives of prostitutes. After that the study takes a critical look at the present judicial assessments of prostitution, such as the violation of human dignity, the immorality of prostitution and the concept of prostitution as an ordinary job among others. In conclusion the study proves that based on these opinions the Prostitution Law of 2002 is not to be critizised. But in terms of gender equality as outlined in article 3 paragraph ii of the German Constitution criticism is necessary because of the Constitution's national objective to guarantee gender equality in society.