Studies On Sexual Rights With The Sight Of Human Rights

The existence of Human being is exactly the existence of sexuality. Necessary acknowledging and tolerance should be the basic attitude of modern law on sexuality. The law and the law research should accept that sexuality is not only the method of procreation and marriage-maintaining, but also the objective of itself within the scope of Human Rights. Sexual Rights is a kind of basic and fundamental Human Rights, which contains such main rights as sexual freedom, sexual autonomy, sexual equity and equality, pursuing sexual pleasure, etc. Modern Conception on Sexual Rights is useful to resolve many law disputes on both theory and practice fields. The principles of Sexual Rights Protection and Sexual Rights Equity should be confirmed in the Constitution in the future.Firstly, after describing the relationship between sexuality and law by history, the article point out that the rule about the evolution of sexuality and law seems to be that mat sexuality gradually entered into jurisdiction sphere and more and more sexual rights were accept and protected by law. As one of modern law conceptions, Human Rights must contain the content of Sexual Rights protecting and developing.Secondly, this article reviewed the history of Western Sexual Rights, discussed several classic Sexual Rights related cases in EU and USA, introduced the modern conceptions and practices on Sexual Rights in the Western, demonstrated that the effect the law put on sexual field is limited, and then concluded that our law should adjust the sexual field actively and cautiously.At last, based on the exist regulations, the article reviewed the rules about sexuality related rights in our law system. Because Sexual Rights is a kind if Human Rights, we have to establish and/or consummate the rights of family mate, anti-sexual-harassment,procreation, changing oneself gender and the regulations about homosexuality and the crime of rape in criminal law.