Abstract
Objective To discuss the human and sexual rights and its current protection in Spain and European Union Design and method Integrated bibliographic legal and normative and also theoretical approach including: 1) To consider the relations between the criminal justice system and human and sexual rights. its relations with the modern penal rationality 2) The doctrinal, normative and cognitive obstacles or difficulties that restrain the evolution of the criminal justice system towards new configurations to protect the human and sexual rights. 3) The current changes in the criminal justice system and its analysis in relation with the theoretical interpretations of these changes, and the bases of a (psycho) sociology of penal innovation 4) The innovations related with modern penal rationality. 5) The innovation of the penal norms : the dynamics of the penal code system of he european continental countries. 6) The sentence status and the community: the consequences 7) The change at the doctrinal level: a cognitive point of vue. 8) The WASH declarations of sexual rights and its penal code system protection. Results 1) The current Spanish proposal to enhance the protection of the sexual liberty and equality. 2) The present protection in the European union Conclusion The current legal and normative protection is the first step, necessary but insufficient.
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