This framework of non-discrimination prohibits any distinction, exclusion or restriction on the basis of sex, age, gender, gender identity, sexual orientation,
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Who we are IPPF is a global service provider and a leading advocate of sexual and reproductive health and rights for all. We are a worldwide movement of national organizations working with and for communities and individuals. We work towards a world where women, men and young people everywhere have control over their own bodies, and therefore their destinies. A world where they are free to choose parenthood or not; free to decide how many children they will have and when; free to pursue healthy sexual lives without fear of unwanted pregnancies and sexually transmitted infections, including HIV. A world where gender or sexuality are no longer a source of inequality or stigma. We will not retreat from doing everything we can to safeguard these important choices and rights for current and future generations.
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Sexuality is a natural and precious aspect of life, an essential and fundamental part of our humanity. For people to attain the highest standard of health, they must ˜rst be empowered to exercise choice in their sexual and reproductive lives; they must feel con˜dent and safe in expressing their own sexual identity. Today, discrimination, stigma, fear and violence pose real threats to many people. These threats and the actions they trigger Œ ranging from disheartening to life-threatening in nature Œ prevent many people from attaining basic sexual rights and health. IPPF is committed to ful˜lling its goals through an approach that embodies the principles of universality, interrelatedness, interdependence and indivisibility of all human rights. We will do all we can to ensure that sexual rights Œ human rights Œ are respected through our own service provision and advocacy, and also in the wider public sphere. Sexual Rights: An IPPF Declaration represents the culmination of more than two years of work that spanned the globe. Its development was guided by a diverse group of individuals: internationally-renowned experts in sexual and reproductive health, human rights, law and public health; senior IPPF volunteers, each of whom brought unique regional perspectives and who together represented a range of experience and strengths; and three senior directors of the IPPF secretariat. The Declaration developed through regional meetings and events that took place across the Federation and built on the IPPF Charter of Sexual and Reproductive Rights. While there has already been some progress toward meeting the Millennium Development Goals and the targets of the 1994 ICPD (International Conference on Population and Development) Programme of Action, there is still much work to be done. Sexual rights are a component of human rights, they are an evolving set of entitlements related to sexuality that contribute to the freedom, equality and dignity of all people, and they cannot be ignored. We must persevere; we must be uncompromising and passionate in our efforts to decrease stigma and improve access to services, and to increase recognition of sexuality as a positive aspect of human life. Marginalized groups such as young people, transgender people, sex workers, men having sex with men, people who are gay, lesbian or bi-sexual, child brides and girl mothers particularly need our compassion. The Declaration applies equally to girls and women who are vulnerable to or have been subjected to gender-based violence, including traditional norms such as female genital mutilation and discrimination based on male preference. Sexual Rights: An IPPF Declaration is an indispensable tool for all organizations, activists, researchers, policy- and decision-makers who are working to promote and ensure human rights. The Declaration will enable members of the sexual and reproductive health and human rights communities to create change and build on the momentum that has already begun around sexual rights in preparation for the next International Conference on Population and Development in 2015. Too often denied and too long neglected, sexual rights deserve our attention and priority. It is time to respect them. It is time to demand them. We trust that the Declaration will serve you well on the journey ahead. Jacqueline Sharpe, President of IPPF Foreword iSexual Rights: An IPPF Declaration
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History In November 2006, IPPF™s highest decision-making body Œ the Governing Council Œ created a Panel on Sexual Rights with the mandate to guide and support the Federation in developing a declaration of sexual rights. It was envisaged that the declaration would build on the IPPF Charter on Sexual and Reproductive Rights, a landmark document that proved enormously popular and successfully advanced the integration of human rights throughout IPPF™s services and advocacy work. Recent work on sexual rights by the IPPF Western Hemisphere Region also contributed to the development of the declaration. Finally in May 2008, the Declaration was presented and adopted by the Governing Council of IPPF. The Panel on Sexual Rights included senior IPPF volunteers and staff from all six IPPF regions and internationally renowned experts in sexual and reproductive health and rights from around the world. The members of the panel were: Mariem Mint Ahmed Aicha Governing Council Member, Mauritania Hossam Bahgat Director of the Egyptian Initiative for Personal Rights, Egypt Dr Carmen Barroso Regional Director, IPPF/WHR Gert-Inge Brander Governing Council Member, Sweden Professor Paul Hunt UN Special Rapporteur on the Right to Health Dr Alice Miller Columbia University/Berkeley Law at University of California, USA Madhu Bala Nath Regional Director, IPPF/SARO Dr Naomi Mmapelo Seboni Governing Council Member, Botswana Dr Nono Simelela Director of Technical Knowledge and Support Tang Kun Governing Council Member, China Dr Esther Vicente (Chair) Governing Council Member, Puerto Rico Dr Gill Greer (Ex-of˜cio) Director-General of IPPF Dr Jacqueline Sharpe (Ex-of˜cio) IPPF President Sexual Rights: An IPPF Declaration ii
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Sexual Rights : An IPPF Declaration is grounded in core international human rights instruments, authoritative interpretations of international standards and additional entitlements related to human sexuality that IPPF believes are implicit in them. The Declaration is in accordance with international agreements to which IPPF ascribes. The framework of the Declaration is already broadly embodied in many existing IPPF and Member Associations publications and re˚ects the mission, vision and values of IPPF. The Declaration is informed by the ˜ndings and recommendations of several UN treaty bodies and UN Special Rapporteurs, particularly the 2004 report of the Special Rapporteur on the Right to the Highest Attainable Standard of Health. It was developed by a panel of experts including internationally recognized leaders in the ˜eld of sexual and reproductive health and human rights, such as Paul Hunt, UN Special Rapporteur on the Right to Health. This executive summary is not meant to serve as an alternative to the Declaration, but as an introduction to the different sections of the Declaration and its contents. The full Declaration should always accompany this executive summary so that full details of the sexual rights and their background are readily available. Sexual Rights: An IPPF Declaration contains three parts: A preamble which introduces the concept of the Declaration in the context of IPPF™s mission and vision, the international agreements and documents relating to sexual and reproductive health and rights and human rights, and also outlines the basic intention of the human rights framework. Seven guiding principles which provide a framework for all the sexual rights included in the Declaration and will inform and ensure respect, protection and advancement of sexual rights within the Federation. Sexual rights fall within the canon of human rights which is both universal and indivisible, and they are in accordance with the principles of non-discrimination. The ˜nal part, ‚ Sexual rights are human rights related to sexuality ™, outlines the ten sexual rights. Sexual rights are constituted by a set of entitlements related to sexuality that emanate from the rights to freedom, equality, privacy, autonomy, integrity and dignity of all people. While the signi˜cance of national and regional particularities and diverse historical, cultural and religious backgrounds must be borne in mind, organizations and individuals working in all regions of the world can incorporate the framework and underlying principles of the Declaration into their activities, services and/or programmes. This will aid any efforts to promote, defend and advance sexual rights. Convinced that this comprehensive and integrated human rights based approach to sexuality and sexual health will promote the realization of sexual rights as an aspect of global justice, development and health, we af˜rm the principles that follow: Executive summary Sexual Rights: An IPPF Declaration iv
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Sexuality is an integral part of the personhood Principle 1 of every human being, for this reason a favourable environment in which everyone may enjoy all sexual rights as part of the process of development must be created Sexuality is an integral part of the personhood of every human being in all societies. While individuals experience their sexualities throughout their lives in ways that vary according to inner and external factors, human rights related to sexuality, their protection and promotion should be part of the daily existence of all individuals, everywhere. In addition, sexuality should be recognized as a positive aspect of life. Sexual rights are universal human rights based on the inherent freedom, dignity and equality of all human beings. In accordance with the Charter on Sexual and Reproductive Rights, IPPF af˜rms that the person is the central subject of development and recognizes the importance of creating a favourable environment in which every individual may enjoy all sexual rights in order to be able to take an active part in processes of economic, social, cultural and political development. Sexuality is an aspect of human and social life which is engaged always with the body, the mind, politics, health and society. The rights and protections guaranteed to Principle 2 people under age eighteen differ from those of adults, and must take into account the evolving capacities of the individual child to exercise rights on his or her own behalf. IPPF understands that the rights and protections guaranteed to people under age eighteen (18), as a matter of international and national law, sometimes differ from the rights of adults. These differences relate to all aspects of human rights but require particular approaches in regard to sexual rights. IPPF begins from the premise that persons under eighteen (18) are rights holders, and that at different points within the spectrum of infancy, childhood, and adolescence, certain rights and protections will have greater or lesser relevance. In addition, the principle of evolving capacity combines respect for children, their dignity and entitlement to protection from all forms of harm, while also acknowledging the value of their own contribution towards their protection. Societies must create environments in which children can achieve their optimal capacities and where greater respect is given to their potential for participation in, and responsibility for, decision-making in their own lives. Non-discrimination underlines all human rights Principle 3 protection and promotion. IPPF understands that a framework of non-discrimination underlines all human rights protection and promotion. This framework of non-discrimination prohibits any distinction, exclusion or restriction on the basis of sex, age, gender, gender identity, sexual orientation, marital status, sexual history or behaviour, real or imputed, race, colour, ethnicity, language, religion, political or other opinion, national or social origin, property, birth, physical or mental disability, health status, including HIV/AIDS, and civil, political, social or other status which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other ˜eld. Individuals experience different barriers to the ful˜lment of their sexual rights. Substantive equality requires these barriers to be removed in order for diverse individuals to enjoy fundamental rights and freedoms on an equal basis with others. This may require that particular attention be paid to marginalized and under-served groups. Sexuality, and pleasure deriving from it, is a Principle 4 central aspect of being human, whether or not a person chooses to reproduce. Sexual health spans a lifetime. Sexuality is an integral factor in almost all reproductive decisions; however it is a central aspect of being human, whether or not one chooses to reproduce. Sexuality is not merely a vehicle for individuals to satisfy their reproductive interests. The entitlement to experience and enjoy sexuality independent of reproduction, and reproduction independent of sexuality should be safeguarded, paying particular attention to those who, historically and in the present, are denied such an entitlement. Ensuring sexual rights for all includes a Principle 5 commitment to freedom and protection from harm. The right to be protected from and to have recourse against, all forms of violence and harm underpins sexual rights. Sexuality-related harm includes both violence and abuse of a physical, verbal, psychological, economic and sexual nature as well as violence against individuals because of their sex; age; gender; gender identity; sexual orientation; marital status; sexual history or behaviour, real or imputed; sexual practices or how they manifest their sexuality. All children and adolescents are entitled to enjoy the vSexual Rights: An IPPF Declaration
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right to special protection from all forms of exploitation. This includes protection from sexual exploitation, child prostitution and all forms of sexual abuse, violence and harassment, including coercion of a child to engage in any sexual activity or sexual practice and the use of children in pornographic performances and materials. Sexual rights may be subject only to those Principle 6 limitations determined by law for the purpose of securing due recognition and respect for the rights and freedoms of others and the general welfare in a democratic society. Sexual rights, as other human rights, may be subject only to those limitations determined by law for the purpose of securing due recognition and respect for the rights and freedoms of others and the general welfare in a democratic society, public health and public order, according to human rights law. Such limitations must be non-discriminatory, necessary and proportionate to the achievement of a legitimate aim. The exercise of sexual rights must be guided by awareness of the dynamic relationship between personal and social interests, the recognition of the existence of plurality of visions, and the need to guarantee equality, dignity and respect for difference. The obligations to respect, protect and ful˜l Principle 7 apply to all sexual rights and freedoms. Sexual rights and freedoms include core legal claims as well as access to the means to ful˜l those claims. As with other human rights, states have obligations on three levels: to respect, protect and ful˜l the sexual rights of all. The obligation to ‚respect™ requires States to refrain from interfering directly or indirectly with the enjoyment of a particular right, in this case, with sexual rights. The obligation to ‚protect™ requires States to take measures that prevent third parties from interfering with human rights guarantees. The obligation to ‚ful˜l™ requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of the right. Sexual rights are human rights related to sexuality IPPF af˜rms that sexual rights are human rights. Sexual rights are constituted by a set of entitlements related to sexuality that emanate from the rights to freedom, equality, privacy, autonomy, integrity and dignity of all people. The ten sexual rights are: Right to equality, equal protection of the law Article 1 and freedom from all forms of discrimination based on sex, sexuality or gender All human beings are born free and equal in dignity and rights and must enjoy the equal protection of the law against discrimination based on their sexuality, sex or gender. The right to participation for all persons, Article 2 regardless of sex, sexuality or gender All persons are entitled to an environment that enables active, free and meaningful participation in and contribution to the civil, economic, social, cultural and political aspects of human life at local, national, regional and international levels, through the development of which human rights and fundamental freedoms can be realized. The rights to life, liberty, security of the person Article 3 and bodily integrity All persons have the right to life, liberty and to be free of torture and cruel, inhuman and degrading treatment in all cases, and particularly on account of sex, age, gender, gender identity, sexual orientation, marital status, sexual history or behaviour, real or imputed, and HIV/AIDS status and shall have the right to exercise their sexuality free of violence or coercion. Right to privacy Article 4 All persons have the right not to be subjected to arbitrary interference with their privacy, family, home, papers or correspondence and the right to privacy which is essential to the exercise of sexual autonomy. Sexual Rights: An IPPF Declaration vi
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Right to personal autonomy and recognition Article 5 before the law All persons have the right to be recognized before the law and to sexual freedom, which encompasses the opportunity for individuals to have control and decide freely on matters related to sexuality, to choose their sexual partners, to seek to experience their full sexual potential and pleasure, within a framework of non discrimination and with due regard to the rights of others and to the evolving capacity of children. Right to freedom of thought, opinion and Article 6 expression; right to association All persons have the right to exercise freedom of thought, opinion and expression regarding ideas on sexuality, sexual orientation, gender identity and sexual rights, without arbitrary intrusions or limitations based on dominant cultural beliefs or political ideology, or discriminatory notions of public order, public morality, public health or public security. Right to health and to the bene˜ts of scienti˜c Article 7 progress All persons have a right to the enjoyment of the highest attainable standard of physical and mental health, which includes the underlying determinants of health and access to sexual health care for prevention, diagnosis and treatment of all sexual concerns, problems and disorders. Right to education and information Article 8 All persons, without discrimination, have the right to education and information generally and to comprehensive sexuality education and information necessary and useful to exercise full citizenship and equality in the private, public and political domains. Right to choose whether or not to marry and Article 9 to found and plan a family, and to decide whether or not, how and when, to have children All persons have the right to choose whether or not to marry, whether or not to found and plan a family, when to have children and to decide the number and spacing of their children freely and responsibly, within an environment in which laws and policies recognize the diversity of family forms as including those not de˜ned by descent or marriage. Right to accountability and redress Article 10 All persons have the right to effective, adequate, accessible and appropriate educative, legislative, judicial and other measures to ensure and demand that those who are duty-bound to uphold sexual rights are fully accountable to them. This includes the ability to monitor the implementation of sexual rights and to access remedies for violations of sexual rights, including access to full redress through restitution, compensation, rehabilitation, satisfaction, guarantee of non-repetition and any other means. Sexual Rights: An IPPF Declaration provides a clear framework within which the Member Associations can understand their responsibilities as service providers. They will be better equipped to begin or extend their work on improving access to all, and thereby enable their clients to fully realize their sexual and reproductive rights. The Declaration will also act as a framework for advocacy to remind States of their responsibilities. In particular, in the run up and planning for the next global initiative focusing on sexual and reproductive health and rights, advocacy on the basis of the Declaration will help governmental organizations to understand and make lasting commitments based on the link between sexual rights, public health and development. vii Sexual Rights: An IPPF Declaration
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