German Law Journal (2021), 22, pp. 703–717 doi:10.1017/glj.2021.35 ARTICLE Special Issue: Sexual Violence and Criminal Justice in the 21st Century Section I: Defining Sexual Autonomy and the Consent Paradigm The Human Right to Sexual Autonomy Dana-Sophia Valentiner Faculty of Economics and Social Sciences, Helmut Schmidt University, Hamburg, Germany Corresponding author:
[email protected] (Received 17 June 2021; accepted 17 June 2021) Abstract During the 20th century, society’s view on sexualities has undergone a severe paradigm shift. While moving away from ideas of decency and bawdiness to evaluate legitimate sexuality, concepts of autonomy and consent gained importance. This transformation is also challenging the law.1 With the broad acceptance of various forms of sexual behavior and sexual orientation, legal regulation based on morality and ethics is outdated. Recent debates on law and sexualities focus on sexual autonomy and its conditions. This is shown especially by the legal debate on sexual violence and criminal law.2 But the right to sexual autonomy does not only require adequate protection against sexual violence. As a human right, it obliges State Parties to Human Rights Treaties such as the European Convention on Human Rights and the Convention on the Elimination of Discrimination against Women to respect, protect, and fulfill sexual autonomy. This includes the guarantee of freedom from sexual violence, coercion and discrimination, as well as control over one’s own body and over the involvement in sexual interactions with others. In order to ensure the different components of sexual autonomy, sexual education and reliable access to information and medical services are necessary.