Consent a low bar: the case for a human rights approach to relationships and sexuality education

ABSTRACT

Following some high-profile allegations and a social media petition that saw thousands of young Australians testify to their experiences of sexual violence, Australia is in the midst of a national debate about how education may be deployed to better prevent sexual violence. This focus on relationships and sexuality education (or ‘consent education’) as a tool for harm prevention is narrow: arguably, a right to access such education exists beyond protection from sexual violence—and there is danger in failing to recognise that right.

KEYWORDS:

• Human rights
• sex education
• consent
• sexual violence
• prevention

Acknowledgements

The author wishes to thank Dr Ned Dobos, Dr Rachael Burgin and Kieran Pender for their comments on this article.

Disclosure statement

No potential conflict of interest reported by the author.

Notes

1. See Australian Government, Department of Prime Minister and Cabinet. n.d. “Office for Women”. https://pmc.gov.au/office-women; Australian Government, Department of Foreign Affairs and Trade. n.d. “Australia’s assistance for gender equality.” https://www.dfat.gov.au/development/topics/investment-priorities/gender-equality-empowering-women-girls/gender-equality

2. See Australian Government, Department of Foreign Affairs and Trade. n.d. “Our commitment to human rights.” https://www.dfat.gov.au/international-relations/themes/human-rights/Pages/human-rights

3. See Australian Human Rights Commission. 2020. Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces. https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexual-harassment-national-inquiry-report-2020; New South Wales Law Reform Commission. 2019. Consent in relation to sexual offences: Draft proposals, October. https://www.lawreform.justice.nsw.gov.au/Documents/Publications/Other-Publications/Draft-proposals/Draft%20proposals%20-%20Consent%20in%20relation%20to%20sexual%20offences.pdf; Royal Commission into Institutional Responses to Child Sexual Abuse. 2019. Final Report. https://www.childabuseroyalcommission.gov.au; Victorian Government. 2015. Royal Commission into Family Violence. https://www.vic.gov.au/about-royal-commission-family-violence; Legislative Assembly for the Australian Capital Territory, Standing Committee on Justice and Community Safety. 2018. Report on Inquiry into Crimes (Consent) Amendment 2018. https://www.parliament.act.gov.au/parliamentary-business/in-committees/previous-assemblies/standing-committees-ninth-assembly/standing-committee-on-justice-and-community-safety/inquiry-into-the-crimes-consent-amendment-bill-2018; Parliament of Australia, House of Representatives, Standing Committee on Social Policy and Legal Affairs. 2021. Inquiry into family, domestic and sexual violence. https://www.aph.gov.au/familyviolence

4. See https://www.teachusconsent.com/

5. The age of consent in most Australian jurisdictions.

Additional information

Notes on contributors

Katrina Marson

Katrina Marson is a criminal lawyer, Churchill Fellow, lead researcher for primary prevention at Rape and Sexual Assault Research and Advocacy, and a PhD Candidate at Swinburne University of Technology Law School.