Abstract
AbstractDuring the 20th century, society’s view on sexualities has undergone a severe paradigm shift. While moving away from ideas of decency and bawdiness to evaluate legitimate sexuality, concepts of autonomy and consent gained importance. This transformation is also challenging the law.1 With the broad acceptance of various forms of sexual behavior and sexual orientation, legal regulation based on morality and ethics is outdated. Recent debates on law and sexualities focus on sexual autonomy and its conditions. This is shown especially by the legal debate on sexual violence and criminal law.2 But the right to sexual autonomy does not only require adequate protection against sexual violence. As a human right, it obliges State Parties to Human Rights Treaties such as the European Convention on Human Rights and the Convention on the Elimination of Discrimination against Women to respect, protect, and fulfill sexual autonomy. This includes the guarantee of freedom from sexual violence, coercion and discrimination, as well as control over one’s own body and over the involvement in sexual interactions with others. In order to ensure the different components of sexual autonomy, sexual education and reliable access to information and medical services are necessary. This paper presents an approach concerning the multifaceted dimensions of sexual autonomy through a human rights lens.
Highlights
During the 20th century, society’s view on sexualities has undergone a severe paradigm shift
With the broad acceptance of various forms of sexual behavior and sexual orientation, legal regulation based on morality and ethics is outdated
This paper presents an approach concerning the multifaceted dimensions of sexual autonomy through a human rights lens
Summary
From Decency to Autonomy and Consent In the last 70 years, there have been tremendous transformations regarding sexuality. Medical-technological progress is marking a new age of self-determined decisions in the area of sexuality by introducing the contraceptive pill and new reproductive technologies These developments call for theorizing sexual rights in new terms of autonomy and sexual consent. Sexuality studies have included feminist analyses of gender, sexuality and power, as well as Foucault’s discourse analysis They have found the attempts to define sexualities to fall somewhere between the construction of common and hidden knowledge. The Prostitute Protection Act of 2016 does not define “sexual services” but refers to the German Penal Code stating the term is clarified there.[16] This is just another way of saying “I know it when I see it.” This example shows the need to update legal concepts to ensure sexual autonomy through the ongoing paradigm shift This is just another way of saying “I know it when I see it.” This example shows the need to update legal concepts to ensure sexual autonomy through the ongoing paradigm shift
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
