Tuesday, 16 August 2011

Consensual Slavery and the Law

Sometimes it seems that Law and Sexuality is just a fun subject, offering some interesting theoretical perspectives in a traditional liberal arts setting. It's not really 'proper' law, some say. Yet, the importance of practitioners understanding the law and sexuality in a socio-legal context is constantly proven in the courts, and before tribunals. Jane Fae comments in the Guardian today on a case that took place last week concerning the issue of 'consensual slavery'.

The case apparently focused on whether BDSM fell within the scope of 'belief' per the Employment Equality (Religion or Belief) Regulations 2003. Yes, I was surprised too, given that this regulation (along with what would have been more sensible, the Employment Equality (Sexual orientation) Regulations 2003) were repealed by the Equality Act 2010 (from 1 October 2010). I am left feeling a little confused! I'm assuming that the discussion is around the application of section 10 of the Equality Act (essentially, the old religion or belief regulation) but again, section 12 (sexual orientation) would have been a wiser (although still uncertain) course to pursue.

I also continue to strongly recommend Jane's blog which you can check out here. It focuses on trans issues and specifically her own transition but it will be of terrific interest to anyone interested in gender and sexuality.

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Elly said...

That is confusing. I am probably going to blog about it. Do you have a link to the post where you talked about people appealing for protection under European Human Rights Law for things like the right to wear a crucifix to work (or the right to turn away gay couples from B and Bs due to faith)? Thanks

Chris Ashford said...

Sure Elly - think this is the one you were after:

Elly said...

thanks. I am confused about the different laws but the principles seem similar in the various cases

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