International human rights law does not address directly or indirectly the issue of sexuality per se outside the context of reproduction. Under Article 16 of CEDAW, women at a minimum have the right to know the reproductive consequences of sexual intercourse, and to decide, on an equal basis with men, whether or not to engage in sexual intercourse that could lead to pregnancy. Beyond this, the fundamental rights to physical security and inherent dignity of the human person19 defend individuals from violence and coercion.20 Even at times when certain important rights can be legitimately suspended, the emergency measures that governments can then adopt restricting those rights may not be applied in a manner that involves discrimination on the basis of sex.21 These rights extend to private, consensual sexual activity among adults. States may not breach these rights to compel women to conform toparticular sexual norms, or to engage in or refrain from sexual activities, whether for the purposes of reproduction or other ends. Moreover, they are obligated "to take the necessary steps, . . . to adopt such legislative or other measures as may be necessary to give effect" to these rights.22
Whether or not civil and political rights can be interpreted to include an underlying principle of sexual autonomy has been widely contested. Whereas the governments that convened for the ICPD in 1994 embraced the concept of reproductive rights, they failed to reach consensus on the notion of sexual rights. Their omission was, in large part, due to concerns that recognition of sexual rights would promote extramarital and premarital sex as well as gay and lesbian relationships. However, just as governments have condemned the use of violence, coercion and discrimination to achieve family planning objectives, the use of these abusive tactics to control female sexuality would also violate human rights standards, to the extent that they are committed or routinely tolerated by the state.
19 Article 3 of the Universal Declaration of Human Rights and Article 9.1 of the ICCPR guarantees to everyone "liberty and security of person." This right, although traditionally applied to conditions of arrest or detention, has been expanded over time to cover non-custodial situations. For example, CEDAW's Recommendation No. 19 defined sex discrimination to include gender-based violence, regardless of where it takes place, that impairs or nullifies women's rights and freedoms under international law. The committee stated, "These rights and freedoms include, inter alia, . . . the right to liberty and security of person." Similarly, the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women condemns such violence "whether in the public or private sphere" (Article 1) and affirms the right of a woman "to have the inherent dignity of her person respected . . ." (Article 4(e)). The 1993 World Conference on Human Rights also concluded that "gender-based violence and all forms of sexual harassment and exploitation, including those resulting from cultural prejudice . . ., are incompatible with the dignity and worth of the human person, and must be eliminated." Vienna Declaration and Program of Action, U.N. Document A/Conf.157/24 (Part I), Paragraph 18.
20 Universal Declaration on Human Rights, Article 3; ICCPR, Article 9; African Charter on Human and Peoples' Rights, Articles 4 ,5 and 6; American Convention on Human Rights, Articles 5 and 7; and the European Convention on Human Rights, Article 5.
21 ICCPR, Article 4(1). Discrimination on the basis of sex is also explicitly barred under the UDHR, Articles 2 and 7; the African Charter, Article 2; the American Convention, Article 1; and the European Convention, Article 14.
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