Sexual Rights as Human Rights – Protected under Existing Human Rights Treaties?

in Nordic Journal of International Law
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Abstract

Existing case law under human rights treaties, in particular Article 8 of the European Convention on Human Rights, includes several findings and interpretations related to sexual rights. The sexual identity and orientation of a person, as well as his or her sexual autonomy and integrity have found protection under the right to respect for one's private and family life. Among other important treaty provisions giving protection to sexual rights in the framework of international human rights law are the prohibition of torture and other inhuman or degrading treatment, the prohibition of discrimination, the right to a fair trial and the right to marry and to found a family. Under humanitarian law rape, one of the main forms of violations of sexual integrity and autonomy, is defined as a crime against humanity, with the consequence of individual criminal responsibility arising. Rape committed by a public official during detention has been defined as form of torture by the European Court of Human Rights. Positive state obligations exist under the right to respect for an individual's private life to sanction rape or other breaches of sexual autonomy and integrity when committed by other private individuals. Sexual identity and its manifestations, again, enjoy protection under the right to private and family life, as has been shown by international case law related to homosexuality and transsexualism. Here, the autonomous and independent non-discrimination clause in Article 26 of the International Covenant on Civil and Political Rights is a basis for further guarantees.

Sexual Rights as Human Rights – Protected under Existing Human Rights Treaties?

in Nordic Journal of International Law

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