Secretary of State for Justice v A Local Authority and others: disability and access to sex workers
Main Article Content
Keywords
sex worker, mental capacity, care worker, human rights, statutory interpretation, Sexual Offences Act 2003, Sexual Offences (Northern Ireland) Order 2008
Abstract
This is a commentary on Secretary of State for Justice v A Local Authority and others, where the decision of the Court of Protection has been overturned by the Court of Appeal. The judgment has implications for (i) the article 8 and article 14 rights of those who lack capacity to arrange lawful sexual services; (ii) the criminal liability of their carers who are enlisted to assist with such arrangements; and, potentially, (iii) the ban on payment for sexual services in Northern Ireland.
