The Moral and Legal Debates of Sexual Surrogacy Therapy in South Africa: Intimacy and Care
Date
2023-10
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Witwatersrand, Johannesburg
Abstract
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.
Description
A dissertation submitted in fulfilment of the requirements for the Degree of Masters of Arts, to the Department of Political Studies, School of Social Sciences, at the University of the Witwatersrand, Johannesburg, 2023.
Keywords
Sexual Surrogacy Therapy, Sexual Therapy, Intimacy, Sexual Citizenship, Sexual Rights, UCTD
Citation
Khutsoane, Keabetswe Brooke. (2023). The Moral and Legal Debates of Sexual Surrogacy Therapy in South Africa: Intimacy and Care. [Master's dissertation, University of the Witwatersrand, Johannesburg]. WIReDSpace. https://hdl.handle.net/10539/39963