Citation

Graupner H. J. Homosex. 2005; 48(3-4): 107-139.

Affiliation

Austrian Society for Sex Research, Austria. hg@graupner.at

Copyright

(Copyright © 2005, Informa - Taylor and Francis Group)

DOI

unavailable

PMID

15814503

Abstract

Written human rights law in Europe is as scanty as in the rest of the world. Case-law however provides considerable protection of sexual rights. It guarantees comprehensive protection of autonomy in sexual life, also for minors, and provides protection against discrimination based on sexual orientation. Negative attitudes of a majority may not justify interferences with the sexual rights of a minority and society could be expected to tolerate a certain inconvenience to enable individuals to live in dignity and worth in accordance with the sexual identity chosen by them. Compensation for interference with sexual autonomy and freedom is awarded. This high-level protection (as compared to other parts of the world) is however limited. It seems to be granted only in areas where it corresponds with public attitudes and social developments. And it is seldom secured on the national level but nearly exclusively by the European Court of Human Rights, whose case-law is often weakened by inconsistency.

Language: en