|
The right to sexuality incorporates the right to express one's sexuality and to be free from discrimination on the grounds of sexual orientation. In specific, it relates to the human rights of people of diverse sexual orientation, including lesbian, gay, bisexual and transgender (LGBT) people, and the protection of those rights, although it is equally applicable to heterosexuality. The right to sexuality and freedom from discrimination on the grounds of sexual orientation is based on the universality of human rights and the inalienable nature of rights belonging to every person by virtue of being human. No right to sexuality exists explicitly in international human rights law; rather, it is found in a number of international human rights instruments including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. ==Definition== The concept of the right to sexuality is difficult to define, as it comprises various rights from within the framework of international human rights law. Sexual orientation is defined in the Preamble to the Yogyakarta Principles as "each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender".〔(The Yogyakarta Principles ), Preamble.〕 Freedom from discrimination on the grounds of sexual orientation is found in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The UDHR provides for non-discrimination in Article 2, which states that:
Sexual orientation can be read into Article 2 as "other status" or alternatively as falling under "sex". In the ICCPR, Article 2 sets out a similar provision for non-discrimination:
In Toonen v Australia the United Nations Human Rights Committee (UNHRC) found that the reference to "sex" in Article 2 of the ICCPR included sexual orientation, thereby making sexual orientation prohibited grounds of distinction in respect of the enjoyment of rights under the ICCPR.〔(488/1992), CCPR/C/50/D/488/1992 (1994); 1-3 IHRR 97 (1994).〕 The right to be free from discrimination is the basis of the right to sexuality, but it is closely related to the exercise and protection of other fundamental human rights. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Right to sexuality」の詳細全文を読む スポンサード リンク
|