SEXUAL HEALTH AND HUMAN RIGHTS A legal and ... - The ICHRP

community.” 727 In each case, the Siracusa Principles affirm a rights-oriented test of
proportionality (including concern for the abusive nature of the criminal law as a mode of
regulating speech) and non-discrimination. 728
The lack of an extensive doctrine on sexual speech and rights to sexual expression in
international human rights law presents an important opportunity for developing a coherent,
health and rights approach, as stringent national criminal laws often have direct effects on the
sexual health and overall rights of individuals, as well as long-term chilling effects on the
provision of effective services and information necessary to promote sexual health. Sexual
health information and expression is vital to all persons and groups (not just marginalized
populations) in attaining the highest standard of health, well-being, and personal
development.
Material with sexual content is sometimes prohibited on grounds that it is harmful to the
character, dignity or morals of women. Such laws regarding women constitute a form of
gender stereotyping, which draws on assumptions that women are keepers of chastity or
should remain untouched by sexual information; thus, women are ‘harmed’ simply by
viewing such material or being viewed as sexual actors. Other arguments for limiting
material with a sexual content assert that it may lead to violence against women [See, e.g.,
CEDAW general recommendation 19 at International section]. Gender inequality in
general and violence against women in particular are complex social problems, influenced by
discriminatory norms, beliefs, and practices in law and society. Depictions of women (sexual
and non-sexual) may be stereotyped or convey ideas of women’s inferiority. While women’s
rights bodies express concern that gender-stereotyped images may contribute to
discrimination and thus seek measures to discourage their ubiquity and promote alternative
and more diverse images, they do not endorse the criminalization and censorship of these
materials.
The regulation of how and when persons under 18 can access material with sexual content,
whether in print, internet or other media, is a specific domain of censorship. While some
international standards (see American Convention on the Rights of Man, e.g.) permit prior
restraint in the service of protecting minors, other rights-based standards recommend that
adolescents in particular require access to information and education about sexuality, in order
to protect their sexual health as well permit them to share in the benefits of scientific progress
and participate in their communities and culture. 729 Information about sexuality and sexual
727 The principles also state that “[t]he margin of discretion left to states does not apply to the rule of nondiscrimination
as defined in the Covenant.” which means that the state is scrutinized closely for regulations that
impact the rights of marginalized groups or ideologically dissident views differentially. “Without
discrimination, the law must protect the freedom to express minority views, including those potentially
offensive to a majority. Protection does not ebb or retract its ambit where expression ceases to utter what is
approved, or inoffensive, or indifferent. To be meaningful, it must safeguard and sentinel those views that
offend, shock, or disturb the State, or any sector of the population. “ Report of the Special Rapporteur, Mr. Abid
Hussain, pursuant to Commission on Human Rights resolution 1993/45,” E/CN.4/1995/32, December 14, 1994
(Referencing jurisprudence of the European Court of Human Rights).THIS IS SO IMPORTANT. MAYBE
SHORT BIT CAN BE IN TEXT.
728 id; See also: Article 19, Camden Principles on Expression and Equality, April 2009, available at,
http://www.article19.org/pdfs/standards/the-camden-principles-on-freedom-of-expression-and-equality.pdf
(accessed on October 30, 2009). These principles similarly emphasize the close relationship between equality
and freedom of expression, as equal abilities to speak (especially by otherwise marginalized groups) are a key
element of a pluralistic and functional democracy. Available at, http://www.article19.org/pdfs/standards/thecamden-principles-on-freedom-of-expression-and-equality.pdf
729 Insert ref re article.
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