SEXUAL AND REPRODUCTIVE RIGHTS - AGE OF CONSENT Cover Image

СЕКСУАЛНА И РЕПРОДУКТИВНА ПРАВА МЛАДИХ - ПРИСТАНАК ДЕТЕТА
SEXUAL AND REPRODUCTIVE RIGHTS - AGE OF CONSENT

Author(s): Marina Janjić-Komar
Subject(s): Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Београду
Keywords: Sexual Rights ; Reproductive Rights ; Child's Capacity ; Consent of the Child

Summary/Abstract: In modem thought, the language of sexuality and the process of the medicalization of sex both began with the secularization of nature. In sexual science, adolescent sexuality is observed as a matter of medical information. The limits of lawful sexual activity are prescribed in penal law. In civil law, the common presumption of a child's incapacity has been altered and the capacity of the child is defined according to age or according to understanding. A minor who has sufficient understanding has reproductive rights. Only for abortion the age limit is 16 years. In the modem state, information on the consequences of sexual practice has become the central point of society's response to new rights and individual freedoms. The Convention on the Rights of the Child has introduced some rights that indicate that childhood is integrated in society in an adult manner. The increase in the number of rights in the sphere of intimate relations does not mean that autonomy reduces human relations to isolated individuals. Perhaps adolescents have the right to a difference in the domain of sexual and reproductive rights, the right to their own culture of emotions and the right to be free from adult sexual culture. Perhaps we impose on adolescents a certain concept of love that neglects youth in its rights.

  • Issue Year: 46/1998
  • Issue No: 1-3
  • Page Range: 39-53
  • Page Count: 15
  • Language: Serbian