Gavin Howe
Sexual and reproductive health is related to multiple human rights, including the right to life, the right to liberty, the right to health, the right to privacy, the right to education, and the prohibition of discrimination. These rights are supported by well-accepted rules of application and interpretation in rights law. Human rights violations related to sexuality and reproduction are on the rise across the world, and these tend to disproportionately affect marginalised communities. Examples include laws that criminalise abortion, sex work, sex outside marriage, or same-sex sexual conduct. These laws infringe on the right to bodily autonomy and dignity, and they affect an individual's ability to participate in social, economic, and political spheres. To uphold human rights, states must repeal or eliminate laws that criminalise, obstruct, or undermine access to sexual and reproductive health services, facilities, goods, and information.
| Characteristics | Values |
|---|---|
| Sexual and reproductive health | A person has complete physical, mental and social well-being in all matters relating to their reproductive system and its functions |
| Sexual and reproductive health rights | Right to life, right to be free from torture, right to health, right to privacy, right to education, and the prohibition of discrimination |
| Violations | Criminal bans on abortion, sex outside marriage or same-sex sexual conduct |
| Sex work | Outlawed in many countries by applying laws that criminalize the act of exchanging sex for money or goods |
| Gender equality | States Parties to the Convention undertake to pursue a policy of eliminating discrimination in all its forms, and to guarantee women the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men |
| Autonomy | The right to make free and informed decisions about health care, medical treatment and research |
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What You'll Learn
Sexual and reproductive health as a human right
Sexual and reproductive health is a universal human right. This means that every person has the right to make informed and self-determined decisions about their sexual participation, such as contraception use, sexual partners, and access to sexual health information and services, without discrimination, violence, and/or coercion.
Sexual and reproductive health and rights (SRHR) is a concept that applies the human rights framework to sexuality and reproduction. SRHR encompasses four distinct yet interconnected fields: sexual health, sexual rights, reproductive health, and reproductive rights. While these four fields are treated separately in the broad concept of SRHR, they are inherently intertwined.
The right to autonomy in making health decisions is derived from the fundamental human right to liberty. Autonomy is intimately and intrinsically connected with many fundamental human rights, such as liberty, dignity, privacy, security of the person, and bodily integrity. These rights form the basis for asserting rights to informed consent and confidentiality in relation to health services and healthcare.
The Beijing Platform for Action states that "the human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence." This right to control and decide on matters related to their sexuality is further guaranteed by the Women's Convention, which is the core human rights treaty addressing discrimination against women.
Despite these established human rights, violations of women's sexual and reproductive health and rights are frequent. These violations are often due to deeply ingrained beliefs and societal values pertaining to women's sexuality, such as patriarchal concepts of women's roles within the family. Rising fundamentalisms, increasing militarism, diminishing rule of law, inequality, and authoritarian practices have dire consequences on the sexual and reproductive health and rights of women, girls, and LGBTI people.
To address these issues, international organizations and NGOs have developed guidelines and programs to promote sexual and reproductive health and rights. For example, the World Health Organization (WHO) has developed guidelines for countries to plan, develop, and monitor programs and services that promote gender equality and human rights for women living with HIV. Additionally, the International Conference on Population and Development (ICPD) in Cairo, Egypt, in 1994, marked a significant shift in perspective regarding reproductive health and is considered the birth of the modern SRHR movement. The ICPD recognized the intrinsic relation of gender equality to women's health, including sexual and reproductive health, and valued women's health and well-being intrinsically, rather than instrumentally.
The ICPD's Program of Action (PoA), approved by 179 countries, affirmed sexual and reproductive health as a universal human right and outlined global goals for improving reproductive health based on themes of free choice, women's empowerment, and viewing sexual and reproductive health in terms of physical and emotional well-being. The PoA's objectives were later incorporated into the Sustainable Development Goals, with SDG 5.6 aiming to "ensure universal access to sexual and reproductive health and reproductive rights," including "informed decisions" in relation to SRHR.
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Gender equality and women's rights
International human rights documents, such as treaties and conventions, are legally binding sources of international law that address gender equality and women's rights. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), for instance, is a key international treaty that aims to eliminate gender-based discrimination and provide specific protections for women's rights. Over 180 states have ratified CEDAW, demonstrating a global commitment to upholding women's rights.
Women's sexual and reproductive health and rights are closely linked to multiple human rights, including the right to life, freedom from torture, health, privacy, education, and the prohibition of discrimination. States have obligations to respect, protect, and fulfill these rights, ensuring access to sexual and reproductive health services, goods, and information. However, violations of women's sexual and reproductive rights are frequent, often through criminalization of abortion, sex outside marriage, or same-sex sexual conduct.
Feminist movements play a crucial role in advocating for women's rights and gender equality. Feminism asserts that women are entitled to political, economic, and social equality, and seeks to ensure that women can fully enjoy their rights on equal terms with men. Intersectional feminism recognizes that multiple factors, such as race, gender, and class, can intersect and lead to discrimination.
Achieving gender equality is essential for sustainable development and a peaceful, prosperous world. While progress has been made, significant barriers remain, including sexual violence, exploitation, unequal division of unpaid care work, and discrimination in public office. Political leadership, investments, and comprehensive policy reforms are necessary to dismantle systemic barriers and advance women's rights and empowerment.
In summary, gender equality and women's rights are fundamental human rights issues that require global attention and action. Through the implementation of international treaties, the elimination of discriminatory laws, and the promotion of women's empowerment, a more equal and just society can be achieved.
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Bodily autonomy and the right to liberty
The right to liberty is a fundamental human right, and it is intimately connected with bodily autonomy. Bodily autonomy refers to the power to make decisions about one's body and life, free from external coercion or control. It is a concept that is often misunderstood and taboo, even in progressive societies. However, it is a critical aspect of gender equality and a fundamental human right.
Bodily autonomy is closely linked to sexual and reproductive health and rights. International human rights documents, such as treaties and conventions, are legally binding sources of international law that address issues of bodily autonomy. The Women's Convention, for instance, is a core human rights treaty that implicitly guarantees women's right to control their fertility and sexuality without coercion. This right to autonomy in sexual and reproductive decisions is derived from the fundamental human right to liberty.
The Beijing Platform for Action also affirms that human rights for women include their right to freely decide matters related to their sexuality and reproductive health, without coercion, discrimination, or violence. This includes access to reproductive health care services, goods, and facilities, which are considered a part of women's right to health. States have obligations to respect, protect, and fulfill these rights.
However, violations of bodily autonomy and sexual and reproductive rights are prevalent. These violations are often perpetuated by laws and policies that criminalize certain sexual and reproductive choices, such as abortion, sex outside marriage, or same-sex sexual conduct. For example, in some countries, abortion services are illegal, and those who seek or provide them may face punishment. Additionally, laws that criminalize sex work directly or indirectly violate human rights by denying sex workers their dignity and personal autonomy over their bodies and lives.
The recent ruling by the United States Supreme Court in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, is a notable example of the erosion of bodily autonomy rights. The Court's decision stripped the constitutional right to bodily autonomy from millions of people, particularly impacting women's reproductive rights and choices.
To uphold bodily autonomy and the right to liberty, it is essential to address harmful social and gender norms, challenge stereotypes, and advocate for progressive policies that advance gender equality and reproductive rights.
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Criminalisation of sex work
Human rights violations occur when governments attempt to control the actions and decisions individuals make regarding their bodies through punitive laws and policies. The criminalisation of sex work is one such example. Many countries outlaw sex work by applying laws that criminalise the act of exchanging sex for money or goods and/or the full range of activities related to the selling or buying of sex, such as solicitation or renting a premise for sex work.
The criminalisation of sex work violates several human rights. Sex workers are denied their dignity and personal autonomy over their bodies and lives. Casting sex workers as criminals or victims who cannot consent to selling sex, sanctions frequently deny them their basic human rights. Human Rights Watch supports the full decriminalisation of consensual adult sex work. Criminal laws expose sex workers to abuse and exploitation by law enforcement officials, such as police officers. Research across various countries has consistently found that criminalisation makes sex workers more vulnerable to violence, including rape, assault, and murder, by attackers who see them as easy targets due to the stigma associated with their work.
Criminalisation may also force sex workers to work in unsafe locations to avoid the police. This further restricts their access to justice as they are less likely to report crimes committed against them. Sex workers in South Africa, for example, said they did not report armed robbery or rape to the police out of fear of being arrested. Repressive policing practices have also been found to increase the risk of drug and alcohol use among sex workers.
In addition, criminalisation and policing practices disrupt sex workers' safety strategies, institutionalise violence, coercion, and extortion, and restrict access to justice, health, and social care and support. For instance, sex workers may not carry condoms due to their confiscation or use as evidence of sex work, leading to an increased risk of contracting HIV and other sexually transmitted infections.
The criminalisation of sex work undermines sex workers' health, safety, rights, and access to justice. It is associated with extensive harm experienced by sex workers. Therefore, the full decriminalisation of sex work is urgently needed, along with efforts to reduce the structural inequalities, discrimination, stigma, and violence they face.
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Sexual orientation and gender identity rights
Sexual orientation and gender identity are two distinct concepts. Sexual orientation refers to an individual's emotional, romantic, or sexual attraction to other people. This can be towards individuals of a different gender, the same gender, or more than one gender. On the other hand, gender identity is an individual's deeply felt internal experience of gender, which may or may not correspond with the sex assigned at birth.
The protection of sexual orientation and gender identity rights falls under international human rights law. The Universal Declaration of Human Rights states that all human beings are born free and equal in dignity and rights, without distinction of any kind. However, in reality, violence and discrimination against individuals because of their sexual orientation or gender identity persist worldwide. This has led to the creation of the mandate of the Independent Expert on Protection against Violence and Discrimination based on Sexual Orientation and Gender Identity (IE SOGI) by the UN Human Rights Council. IE SOGI assesses the implementation of international human rights law, raises awareness, engages with stakeholders, and provides services to address violence and discrimination against individuals based on their sexual orientation or gender identity.
Despite these efforts, violations of sexual orientation and gender identity rights continue to occur. For example, laws criminalizing homosexuality and same-sex sexual conduct exist in several countries. Pervasive discrimination and violence against members of the LGBTIQ+ community, such as forced sterilization and "corrective rape", persist. Additionally, the criminalization of sex work violates the rights of sex workers by denying them dignity and autonomy over their bodies and lives.
To address these issues, intergovernmental and political bodies have made aspirational statements and taken policy positions recognizing the rights of LGBTIQ+ individuals. While these outcomes are generally not legally binding on states, they reflect a political will to uphold the rights of this community. Furthermore, human rights bodies within the United Nations and regional intergovernmental organizations have increased their monitoring of sexual orientation and gender identity issues, guiding states to improve respect for LGBTIQ+ rights.
In conclusion, the protection of sexual orientation and gender identity rights is an evolving area of international human rights law. While violations persist, there are ongoing efforts by independent experts, intergovernmental bodies, and the United Nations to address discrimination and violence against individuals based on their sexual orientation or gender identity.
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Frequently asked questions
Human rights are linked to sexuality and sexual health, with sexual rights being considered human rights. These include the right to privacy, non-discrimination, health, and other universally accepted human rights.
Sex laws that criminalize certain behaviours, such as abortion, sex outside of marriage, or same-sex sexual conduct, violate human rights. These laws infringe on the right to liberty, dignity, privacy, security, and bodily integrity.
International laws and treaties, such as the International Covenant on Civil and Political Rights (ICCPR), provide a framework for protecting sexual rights. The interpretation and application of these laws by authoritative bodies, such as the Human Rights Committee, help establish standards for the protection of sexual rights.
States have obligations to respect, protect, and fulfil sexual rights. This includes ensuring access to sexual and reproductive health services, repealing discriminatory laws, and integrating sexual health into national health policies and plans. States must also address issues of gender equality and ensure women's control over their fertility and sexuality.
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