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

Nepal’s Interim Constitution limits the freedom of “opinion and expression” through
restrictions, which are a combination of those found in the Indian and Sri Lankan text. 738
Importantly, Nepal’s apex law gives every citizen the right to “demand or obtain information
on any matter of concern to himself or herself or to the public” 739 subject to confidentiality
laws.
In Thailand, the Constitution recognizes various facets of the right to information including
the right to enjoy the liberty of communication, 740 the liberty to express opinions, speech,
writing, printing, publication and expressions 741 and of newspapers 742 and mass media. 743 Any
restrictions must be made by virtue of a law typically on grounds of security of the state,
maintaining public order or good morals. The liberty to express opinions can further be
restricted to protect the rights, liberties, dignity, reputation, family or privacy rights of
another person or for preventing or halting the deterioration of the mind or health of the
public. The right of every person to receive comprehensive and quality education from the
State, free of charge is also recognized. 744
The freedom of thought and conscience is guaranteed by the Bangladeshi Constitution
though the right of every citizen to freedom of speech and expression and freedom of press is
subject to reasonable restrictions imposed by law in the interests of security of the State,
friendly relations with foreign states, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence. 745 Providing education is a
fundamental principle of state policy. 746
Under the Indonesian Constitution, while the right of every person to communicate and
obtain information for his/her development or the development of the social environment
and, “shall have the right to seek, obtain, possess, store, process and convey information by
employing all available types of channels,” 747 the freedom of thought expressed verbally or in
writing and similar rights are to be determined by law. 748 Every citizen also has the right to
education; the obligation on the government is to implement a national education that aims at
enhancing religious and pious feeling as well as moral excellence. 749
7.1 (De)criminalization of obscenity/indecency
The laws of all the research countries continue to criminalise obscenity.
738 Article 12, Interim Constitution of Nepal, 2007
739 Article 27, ibid.
740 Section 36, Constitution of Thailand, 2007
741 Section 45, ibid.
742 Section 45, ibid.
743 Section 46, ibid.
744 Section 49, ibid.
745 Article 39, Constitution of Bangladesh, 1972
746 Article 17, ibid.
747 Article 28F, Constitution of Indonesia, 1945
748 Article 28, ibid.
749 Article 31, ibid. See also Law on National Education System and Law on Child Protection both of which
recognise the right to education of children and young persons. However these laws do not provide any specific
and their specific provisions on education being related to religious and pious lives and morals likely hamper the
provision of sexuality education or other information related to sex and sexuality being imparted to children and
young persons through the government education system.
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