Is sex a human right? Ummm, yes … no … maybe … it depends on what you mean by sex really

Health care, fair trials and education are things we readily accept as human rights. Unlike fresh air and food, we can actually live without school or a due process trial for a whole lot longer than without water, but of course, nobody is willing to give these things up. These aren’t rights as essential…

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The upcoming SBS documentary Scarlet Road follows sex worker Rachel Wotton and her relationships with her disabled clients. SBS

Health care, fair trials and education are things we readily accept as human rights.

Unlike fresh air and food, we can actually live without school or a due process trial for a whole lot longer than without water, but of course, nobody is willing to give these things up. These aren’t rights as essential as peaceful protesting and voting and living without enslavement.

Sex should be included on this list. It is every bit as important as the right to practice one’s chosen religion or to not be discriminated against. It should be included on this list because, like religion, nobody should be forced to participate, but similarly, nobody should be denied access either.

Such a suggestion is of course, highly controversial as the new SBS documentary Scarlet Road testifies.

Thinking of sex as a human right, of touch, of pleasure, of orgasm as a human right and our concept of rights get blurry; our passion and advocacy for rights becomes much less fervent when we need to initiate dialogue about arousal and pleasure and satisfaction.

Sex might be nice, it might even be wonderful, but survival is possible without it, wants aren’t the same as needs and social mores dictate that right-status is rarely granted to something with so many caveats attached.

Ours is not a culture where sex can be had with whomever we please whenever want, and thus considering sex as a human right would be a complicated assertion.

I’m not going to place sex in the same category as food or water, obviously no one will die without it. But people won’t die without property rights or breached privacy either, and we still consider these as fundamental.

I am instead, going to contend that for many people a quality life necessitates sexual contact and that just as access to public transport for the disabled, or postal services for the geographically isolated are crucial in a civilised, compassionate society, that access to sex needs to be considered just as important as other rights. I’m similarly going to argue that feeling uncomfortable talking about a topic is never reason enough to shelve it.

Before defending sex work services for the disabled, for the elderly, for the lonely, the kinky and the just plain horny, I will acknowledge that considering sex as a right raises some very obvious concerns related to consent and sex provision; concerns which I will of course, repudiate, but which need tabling nevertheless.

Considering sex as a human right, potentially offers justification for rape: it could be contended, for example, that a man was simply partaking of his marital rights; that a woman was just exercising her right to orgasm. The exercising of such rights, potentially opens up a Pandora’s box of legal defenses: rampant horniness suddenly sounds legitimate rather than tabloid laughable.

Is sex a human right? It isn’t as simple as saying yes … or no. SBS

Similarly, to contend that a person has a right to sexual conduct implies that for those not in a relationship or without ready access to a willing partner, that a partner must be supplied; that people need to be provided to service this right.

These are both valid concerns, but concerns which are easily mitigated by that fabulous liberal dictum of choice. Sex may be a right, but like free speech, it cannot be exercised at the expense of others: you cannot force people to listen to your ramblings and you can’t force another person to have sex with you.

Similarly, while considering sex as a right provides justification for the sex industry, nobody should be forced to work in it; those who choose to need to be financially compensated – as in any other service industry – and those who don’t need to be offered protection.

Our culture readily accepts the outsourcing of all kinds of domestic services. We happily have our dogs walked, our lawns mowed, or shirts laundered all by people we don’t have breakfast with nor buy a card for on Valentine’s Day; our busy lives are readily propped up by the physical labour of others.

Sex has to be thought of in this way. No, maybe it’s not a romantic assertion, and perhaps not a politically correct one either, but pretending that sex is always about lovemaking and declarations of devotion is a naïve and discriminatory contention.

Join the conversation

18 Comments sorted by

  1. Mark Harrigan

    Dr

    Spot on. One's sexual identity (whatever it may be) is so much a part of one's human identity, that to deny it is a denial of human rights. Everyone should have the right to express their sexual identity - provided such expression does not infringe the rights of others.

    The analogy with freedom of speech is a good one. I congratulate the author for striking just the right balance here. Complete freedom of the ability to espress one's sexual identity coupled with the notion of informed free choice to participate in that expression (with another) is what matters.

    That pretty much rules out paedophilia/under age and bestiality (as it should) and allows virtually everything else. Not sure what it suggests about incest though which I have a little trouble with regarding as ok?

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  2. Katie Dunlop

    Community worker

    Hi Lauren,

    Hope you are well!

    I completely agree - sex is a very important part of being human and not just for the beautiful people. In my job I work with people experiencing homelessness and I see their desire for sexual contact expressed regularly. It is the intimacy as much as the orgasm that is craved.

    Philospher Martha Nussbaum touches on the important role of sex in people's lives. She doesn't talk about rights, but instead, 'capabilities'. She argues that having opportunities for sexual satisfaction is part of the 'bodily integrity' required for human flourishing. Her work is incredibly inspiring and I recommend it: Women and Human Development: The Capabilities Approach - Martha Nussbaum

    By the way, I enjoyed your last book!

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    1. Misha Ketchell

      Managing Editor at The Conversation

      In reply to Katie Dunlop

      Hi Lauren,

      That's very interesting re Martha Nussbaum's theory on capabilities. It seems to me a sensible way of looking at the issue. Thanks for raising it.

      I really enjoyed Lauren's piece and hope to discuss it tonight in an interview on Australia Talks on Radio National. I've been going through looking at the various conventions on the rights of people with disabilities and although there seems to be an implied right to be treated equally to others, there isn't much specific on sexual freedom.

      So Lauren's idea is one that I think needs development in the legal sphere.

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  3. Giles Pickford

    Giles Pickford is a Friend of The Conversation.

    Retired, Wollongong

    Anton Chekov said there were only two human rights: the right not to be treated violently and the right not to be lied to. All the others are human needs.

    It does not seem to me that Chekov's two rights carry any legal weight at all. The two most violent places on Earth are the home and the school yard. And we are lied to every minute of the day by people holding positions of responsibility.

    These two human rights are too hard to confront. So instead we confront human needs. It's easier.

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  4. Michael Jones

    logged in via Twitter

    On the SBS site I read a comment from someone asking what attitude people would take to someone offering sexual services to disabled women. Plenty of issues to digest there.

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  5. Sandra Kwa

    logged in via Facebook

    I suspect as long as sex is offered as a financially compensated industry, there will be workers who engage in sex not by free choice but by necessity. I am listening right now to the OC Smith soul classic "Son of Hickory Holler's Tramp" - a great song that makes me cry - on youtube. A big hit in 1968, it is still the best version and beats the subsequent country and western versions by Kenny Rogers and others.

    I'm not judging the industry, but couldn't the "right" to have sex without love be exercised through mutually-consenting voluntary agreement between two individuals with similar levels of need? Disabilities need not be a barrier to sex - we just have to drop our prejudices and allow all people the freedom to do what comes naturally.

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  6. caroline norma

    lecturer, RMIT University

    Yes, that "fabulous liberal dictum of choice"! The one that allows middle class people like me in comfy offices to be unencumbered by any concern that women being used for the purpose of male ‘sexual intimacy' might be poor, abused, racially oppressed, drug-addicted, or under the control of pimps. Consent is a fabulously convenient dictum for those who want to be comforted by the thought that people in prostitution must have ‘chosen’ to be there, and indeed should be there because they’re getting…

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    1. John Nicol

      logged in via Facebook

      In reply to caroline norma

      Very well stated Caroline Norma. You are a brave, lone, voice, in this wilderness of somewhat thoughtless individuals, I believe. The recent exposure of the sex trade as being more of a slave trade shows what a horrendous amount of work needs to be done to protect women and even more, how little weak governments are prepared to do. And all these people can comment upon is the ways in which more people can obtain more sex!

      I admire your outspoken courage. Pleae keep it up. John Nicol

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    2. Mark Harrigan

      Dr

      In reply to John Nicol

      Which part of the article that stated
      "it cannot be exercised at the expense of others: you cannot force people to listen to your ramblings and you can’t force another person to have sex with you.

      Similarly, while considering sex as a right provides justification for the sex industry, nobody should be forced to work in it; those who choose to need to be financially compensated – as in any other service industry – and those who don’t need to be offered protection."

      Did either of you fail to read…

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  7. Bruce Moon

    Bystander!

    Lauren

    Back in 1943, Maslow introduced his 'Human Needs' concept as a theory in the discipline of Developmental Psychology. He argued there are 5 hierarchical sets of needs; from physiological, safety, love/belonging, esteem to self-actualization. He submitted that the 'lower' the order (or deficiency) needs are necessary for basic existence. And, only when the lower order needs were met that higher order needs could be achieved.

    Maslow's thesis has a Darwinian touch in that he infers that an…

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    1. Emma Anderson

      Artist and Science Junkie

      In reply to Bruce Moon

      TL;DR

      The Scarlett Alliance is arguing (and not for the first time) that legalising prostitution is a wise move (and I agree for a number of reasons) and the current argument in favour of doing so is that prostitution provides a community service to people, who in this example, happen to have disabilities. And they would be correct, they are people with a broad range of needs that extend beyond physio and meds, and one of those needs to feel connected to other people and to not have the disability prevent the enjoyment of life, relationships, and their own body.

      Also, Jung was right and Freud was wrong: libido isn't always sexual. I would say that sexuality isn't so much a human right as it is a human being.

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    2. Emma Anderson

      Artist and Science Junkie

      In reply to Emma Anderson

      Sorry, there is some disagreement about whether it's legalisation or decriminalisation that is the better move. So using the word legalisation may be inaccurate.

      Also, TL;DR wasn't directed at the previous poster. I actually wrote a longer post, summarised it differently, deleted the previous bits and forgot to delete the TL;DR.

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  8. Kate Casley

    Carer

    It may seem inappropriate to comment on my disabled daughter as she is only 4 yo. But for me one of the biggest tradgedies that I feel she faces in her life is the possibility that she may never experience her sexuality. thanks so much for opening the debate. I as a parent would like to think that by the time she reaches maturity that she will be able to choose to engage in the services required and that society will be accepting enough to allow this without retribution.

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    1. Mark Harrigan

      Dr

      In reply to Kate Casley

      Kate, I don't think it's inappropriate. It's the sort of thing that needs the courage for us all to have more open conversations about. I applaud you for raising it. I wish I could offer you more than just words but I earnestly hope your daugher grows up to experience as much of life's exhililarting wonderment as she possibly can, and along the way finds true human and meaningfull connections of all kinds, including the sexual variety.

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  9. Katie Dunlop

    Community worker

    Dear Caroline,

    I think there is quite a sizeable gap between the work - and the agency - of someone like Rachel and women engaged in sex work who are "poor, abused, racially oppressed, drug-addicted, or under the control of pimps" and, for that matter, trafficked. I also think there is a sizeable gap between a "sense of sexual entitlement" and the much more humble desire for intimate human contact.

    Power imbalance cannot just be seen through a gendered lens. It is not necessarily so that because…

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  10. jim morris

    logged in via email @yahoo.com

    Perhaps because I no longer mix with academics that I am having trouble understanding what this article is about. Maybe Lauren is suggesting that public money should be spent on providing prostitutes for disabled people. Please Lauren clarify. It seems that she is working on the assumption that disabled people are the only citizens not experiencing the 'human right' to enjoy sharing sexual activity with another person but when it comes to sex being ugly or poor could easily be considered the equivalent…

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  11. Holly Pietkowski

    Veterinary assistant

    It's an awful idea. What she is suggesting is that for people who can't find a willing sexual partner the government should use coercion to recruit people for the task. But why stop there? If we really are serious about human rights and we want to guarantee sex as welll as elliminate the possibility of people being coerced into sex then how about we make all human desires a right that have to be provided by the tax payers. That would put an end to survival sex and it would put the burden of providing sex as a right on the entire population instead of just on the backs of the poor and disadvantaged.

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  12. Nada Feleni

    logged in via Facebook

    by choice or not by choice - people should have laws that protect them and not against them. The argument for criminalizing clients makes absolutely no sense in terms of taking money away from what people are calling "poor" and desperate women (how is THIS going to HELP exactly??) and also making the interaction illegal and difficult. Trying to stop others from doing what you don't want them to do is not going to work. It's going to bring more violence against women. Why don't the radical feminist…

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