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The whole idea of unalienable rights (which in ECHR includes privacy) is that you can't "alienate" them by signing them away in a contract. It's just like any
by PeterisP 3y ago
The whole idea of unalienable rights (which in ECHR includes privacy) is that you can't "alienate" them by signing them away in a contract.
It's just like any contractual clause that would sell yourself in indentured slavery or oblige you to make sexual favors is automatically void, since consent to these things is not something you can sell, you can change your mind about these things at any time no matter what contracts you've signed, because they can't be binding for that.
- bloak 3y ago(It doesn't matter for the point you're making, but in Germany a contract to supply sexual services is legally enforceable, just like a contract to supply any other kind of service.)
- PeterisP 3y agoThat's interesting, I'm not a lawyer, but the way I understand the German Prostitutionsgesetz, it makes sexual services legitimate part of the financial contract - so both parties may be entitled to payment or compensation in various disputes, however, it still doesn't allow "sale" of future consent, it does not imply that the customer has a claim for the specific performance of some service, or that the provision of the service is enforceable; such consent may still be withdrawn at any time, though it may legally result in a claim for e.g. refund of any prepayment for the service.