Browsing by Author "Khutsoane, Keabetswe Brooke"

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    The Moral and Legal Debates of Sexual Surrogacy Therapy in South Africa: Intimacy and Care
    (University of the Witwatersrand, Johannesburg, 2023-10) Khutsoane, Keabetswe Brooke; Schuhmann, Antjie; Brown, Julian; Hassim, Shireen
    The decriminalisation of sex work in South Africa is a highly controversial issue that has caused a great deal of debate in recent years. This study presents a survey of the possibilities of legalising sexual surrogacy therapy as a therapeutic option for gender and sexual minorities, particularly for people living with disabilities and those who have undergone gender affirming surgery. It investigates the potential benefits and drawbacks of a legalised system and whether certain regulations should be implemented in order to protect those involved. A survey of how sexual surrogacy therapy as a therapeutic option is shaped in terms of South Africa’s legal and political frameworks while considering socio-political implications. The study reviews existing literature to demonstrate the need for a legal and ethical consideration of sexual surrogacy therapy in South Africa’s healthcare system to address sexual exclusion and health inequalities. To do this, I outline the value of sex and argue that sex is an essential and fundamental aspect of a flourishing human life. I then bring attention to the necessity for the socialisation and institutionalisation of sexual surrogacy therapy through a discussion on sexual justice; sexual autonomy; and the rights and sexual citizenship of gender and sexual minorities. While this is not a study on the legal status of sex work in South Africa, I perform a constitutional test of Section 9 and 10 of the South African Constitution, 1996 and the Sexual Offences and Related Matters: Act No. 32 of 2007 with reference to the Sexual Offences Act 23 of 1957, to determine the legal grounds and limitations of the current laws around sex work towards a discussion on the feasibility of sexual surrogacy therapy in contemporary South Africa’s healthcare system. Finally, I conclude that the transformation of social attitudes towards sex and sex work is necessary and important for ensuring due process for sexual justice in South Africa.