Sexual Rights: Striking a Balance

ABSTRACT

Sexual rights, the first of the eight Montreal Declarations adopted by the World Association for Sexual Health (WAS), are grounded within existing international human rights treaties, covenants and conventions and contribute to achieving the Millennium Development Goals (United Nations, 2005). Despite their apparent contribution to sexual health, sexual rights are particularly contentious, challenged both by nations that do not share the western enlightenment tradition and agenda and by critical theorists who raise concern about their essentializing influence on sexuality. Examples are presented from around the globe of conditions and practices that could be corrected with commitment to sexual rights. Moving such commitment forward must be done with caution, recognizing that sexual rights may be both liberatory and oppressive. It is argued that advancing a sexual rights agenda requires an articulation of the location of sexual rights within existing human rights commitments, a recognition of both the possibilities and the limitations of such an approach, identification and mobilization of a consensus reaching process, and active monitoring and evaluation of rights-based approaches to sexual health. A balance is required between rights and obligations, and between caring for self and caring for others.

KEYWORDS:

• Sexual rights
• sexual health
• millennium development goals

Eleanor Maticka-Tyndale is a Professor of Sociology at the University of Windsor, Canada and holds the Canada Research Chair in Social Justice and Sexual Health. Her research uses a social ecological model to understand influences on sexual health. Her work has led to the development of effective sexual health enhancing programmes and has also influenced national and regional policies related to sexual health.

Lisa Smylie is completing her PhD in sociology at the University of Windsor. Her research has focused on understanding how social capital influences the sexual activities and sexual health of youth.

Notes

^a Specifically address right to education. Sexuality education must be established as a form of education.

^b While this is not part of the definition of sexual rights, it is essential to guarantees of access to rights listed in the conventions and treaties.