SEXUAL HEALTH AND SEXUAL HEALTH RIGHTS

Sexual health is:

“…a state of physical, emotional, mental and social well-being in relation to sexuality; it is not merely the absence of disease, dysfunction or infirmity. Sexual health requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence. For sexual health to be attained and maintained, the sexual rights of all persons must be respected, protected and fulfilled.”

Sexual health cannot be defined, understood or made operational without a broad consideration of 

sexuality, which underlies important behaviours and outcomes related to sexual health. The working definition of sexuality is:

“…a central aspect of being human throughout life encompasses sex, gender identities and roles, sexual orientation, eroticism, pleasure, intimacy and reproduction. Sexuality is experienced and expressed in thoughts, fantasies, desires, beliefs, attitudes, values, behaviours, practices, roles and relationships. While sexuality can include all of these dimensions, not all of them are always experienced or expressed. Sexuality is influenced by the interaction of biological, psychological, social, economic, political, cultural, legal, historical, religious and spiritual factors.”

There is a growing consensus that sexual health cannot be achieved and maintained without respect for, and protection of, certain human rights. The working definition of sexual rights given below is a contribution to the continuing dialogue on human rights related to sexual health.

“The fulfillment of sexual health is tied to the extent to which human rights are respected, protected and fulfilled. Sexual rights embrace certain human rights that are already recognized in international and regional human rights documents and other consensus documents and in national laws.

Rights critical to the realization of sexual health include: 

•   the rights to life, liberty, autonomy and security of the person 
•   the rights to equality and non-discrimination 
•   the right to be free from torture or to cruel, inhumane or degrading treatment or punishment 
•   the right to privacy 
•   the rights to the highest attainable standard of health (including sexual health) and social security
•   the right to marry and to found a family and enter into marriage with the free and full consent of the intending spouses, and to equality in and at the dissolution of marriage
•   the right to decide the number and spacing of one's children
•   the rights to information, as well as education
•   the rights to freedom of opinion and expression, and 
•   the right to an effective remedy for violations of fundamental rights.

Sexual rights protect all people's rights to fulfill and express their sexuality and enjoy sexual health, with due regard for the rights of others and within a framework of protection against discrimination."