Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Sexual Rights as Human Rights – Protected under Existing Human Rights Treaties?

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Nordic Journal of International Law

Existing case law under human rights treaties, in particular Article 8 of the European Convention on Human Rights, includes several findings and interpretations related to sexual rights. The sexual identity and orientation of a person, as well as his or her sexual autonomy and integrity have found protection under the right to respect for one's private and family life. Among other important treaty provisions giving protection to sexual rights in the framework of international human rights law are the prohibition of torture and other inhuman or degrading treatment, the prohibition of discrimination, the right to a fair trial and the right to marry and to found a family. Under humanitarian law rape, one of the main forms of violations of sexual integrity and autonomy, is defined as a crime against humanity, with the consequence of individual criminal responsibility arising. Rape committed by a public official during detention has been defined as form of torture by the European Court of Human Rights. Positive state obligations exist under the right to respect for an individual's private life to sanction rape or other breaches of sexual autonomy and integrity when committed by other private individuals. Sexual identity and its manifestations, again, enjoy protection under the right to private and family life, as has been shown by international case law related to homosexuality and transsexualism. Here, the autonomous and independent non-discrimination clause in Article 26 of the International Covenant on Civil and Political Rights is a basis for further guarantees.

Affiliations: 1: Professor of Law (Associate Professor of Constitutional Law), University of Helsinki, Finland


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Nordic Journal of International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation