Understanding Sexual Rights

Sexual rights address a wide range of issues that often intersect with several other human rights that makes these rights as taboo. Since, the fulfillment of sexual health is tied to the extent to which human rights are respected, protected, and fulfilled, we need to have an understanding of what sexual rights are.

Since childhood, we are taught about the six fundamental rights, which are: the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property, and right to constitutional remedies. But there is one right that we usually forget to acknowledge or rather tend to ignore. These are‘Sexual Rights’.

The World Health Organization (WHO) explains sexual rights as- “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.” However, it also states that it is a working definition and that there is a growing consensus that sexual health cannot be achieved and maintained without respect for, and protection of, certain human rights. “The application of existing human rights to sexuality and sexual health constitutes sexual 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."

Sexual health is a topic that is usually hushed about in our country. However, the new generation has started talking about it openly, taking a stand for what is right or wrong, and are also spreading awareness about the same. Sexual rights are necessary to be acknowledged in our country, as there are many situations where people are judged on the basis of their sexuality, especially women. Women suffer from unexpected or unintended pregnancies, violence, unsafe abortions, Sexually Transmitted Infections (STIs), and other associated problems. The times are now changing, but gender discrimination has always been prevalent in our country in some way or the other. Although, the fact that even men are sexually harassed can’t be denied.

As per the United Nations Population Fund (UNFPA), “Good sexual and reproductive health is a state of complete physical, mental and social well-being in all matters relating to the reproductive system. It implies that people are able to have a satisfying and safe sex life, the capability to reproduce, and the freedom to decide if, when, and how often to do so”. Therefore, to maintain a happy sexual life, people need to have accurate information and easy availability to contraceptives of their choice.

Here are some of the Rights critical to the realization of sexual health as stated by WHO:

• 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.

Therefore, sexual rights are a part of every human’s life and they should be respected as much as we respect other fundamental rights in our country. Every person of any gender has the right to have a happy and satisfying sexual life, to select their partner(s), and express it without any embarrassment or fear of judgment.