We explain what sexual freedom is and what its legal meaning is. Also, sexual rights and the importance of each one.
What is sexual freedom?
In legal terms, talking about sexual freedom refers to the capacity for autonomy and sexual self-determination that individuals possess that is, the freedom to choose and explore one's sexuality freely, without limitations other than respect for the freedom of others.
This implies the power to freely choose sexual partners, make and reject proposals freely, and follow a given sexual tendency at any time. without this bringing with it persecution, social or labor stigmatization or some other type of negative consequences.
Sexual freedom is common to all human beings, and is expressed in a series of fundamental sexual rights, which have to do with the disposition of the body. This can be understood as the exercise of two forms of free will, as expressed by the jurist and philosopher Norberto Bobbio regarding human freedoms:
- Positive freedom or will which in this case translates into the freedom to make sexual decisions based on one's own will and act accordingly.
- Negative freedom or freedom to act which in this case translates into the freedom to do or not do (omit) what one has the will to do, without a third party being able to influence it.
In simpler terms, sexual freedoms empower the individual to freely dispose of his or her body and sexual desire, thus being able to act accordingly or not act at all, as long as he or she is respectful of the freedoms of others.
On the other hand, the term sexual freedom is often used in particular reference to women, homosexuals and transsexuals, understood as disadvantaged sexual categories in common societies, whose idea of sex revolves around male satisfaction.
That is why many feminist groups and militancy have raised the flag of sexual freedom, alleging that sexual behaviors approved and praised in men are instead sanctioned and recriminated in women.
However, we should not confuse sexual freedom with free love, nor sexual promiscuity, nor with a certain sexual practice. This is a legal concept. Nor should we confuse it with the sexual revolution experienced in the West during the mid-20th century, largely thanks to the appearance of contraceptive pills.
Sexual rights
Sexual rights are those derived from sexual freedom, that is, those that allow individuals the free choice, expression and experience of their sexuality without this having a negative impact on other aspects of your life. That is, not to suffer discrimination based on sexual orientation.
These rights are usually presented together with reproductive rights, particularly with regard to the situation of women, and are enshrined in numerous international treaties, such as the Yogyakarta Principles, whose standards on the matter govern the United Nations and its different agencies, as well as its Human Rights Council.
Sexual rights can be summarized in:
- Right to life and protection against hatred and violence. This implies that States must actively investigate and fight against sexually motivated crimes, such as femicides and transphobic crimes. They must also educate their population to mitigate the expression of hatred towards others based on their sexual behaviors.
- Right to free association, free expression and non-discrimination. Similarly, the State must guarantee people free expression and association without being influenced by their sexual orientation or sexual identity, and that they must be guaranteed standards of equality before the law, like any other citizen.
- Right to private and family life. Just as the intimacy of any person and their private life are worthy of respect, so must those of any individual with a sexual orientation other than the traditional one, that is, those of homosexuals, transsexuals, intersex, etc. This applies particularly when it comes to sexual privacy: someone's sexual preferences are their sole concern.
- Right to health and education. Sexual preferences or sexual tendencies should never be a reason for the exclusion of an individual from the educational and health systems required for their formation as an individual and the protection of their health. Likewise, every individual must be guaranteed the information necessary for their sexual and reproductive well-being.
- Right to sexual pleasure. Every individual, regardless of their gender or sexual orientation, has the right to enjoy and practice their sexuality freely, always within the limits imposed by respect for the freedoms and well-being of others. Under no circumstances can your orientation or identity be a reason to suffer sexual violence of any kind, such as humiliation, rape, and physical or psychological attacks.
- Right to identity and sexual autonomy. People's sexual identity, sexual orientation and gender should not be a reason for ridicule and social stigmatization, which forces them to live in secret. Everyone must be able to assume their sexual identity and make sexual decisions autonomously and responsibly, without fearing moral or social reprisals.
References
- “Sexual freedom” on Wikipedia.
- “Sexual rights” on Wikipedia.
- “Sexual freedom” in the Pan-Hispanic Dictionary of Legal Spanish of the Royal Spanish Academy.
- “Declaration of sexual rights” in the Ministry of Health of Costa Rica.
- “What and what are sexual and reproductive rights?” at Fundación Huésped (Argentina).
- “Sexual Freedom (principle)” in The Encyclopaedia Britannica.
