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American sex education is continually under fire due to conflicting morals surrounding hegemonic sociocultural norms. These programs, and ultimately the students, are often victims of information inequities which leverage adult control over minors to prevent access to sexual health information. Withholding salient sexual health information infringes on intertwined tenets of human rights, such as education and information access. Spurred by recent disputes and barriers to updating unethical curricula in the states of Arizona and Texas, this chapter uses a human rights lens to explore the current information inequities in K-12 sexual education and students’ precarious positions in policy spaces. This framework demonstrates how libraries are uniquely protected spaces for intellectual freedom and the roles librarians can and should play as sexual health information providers in order to help students overcome information inequities. This chapter will provide recommendations for librarians and other educators to inform and organize advocacy as well as leverage current library operations to support adolescents’ sexual health literacy.

This chapter considers the conflicts which arise at the intersection of the free exercise of religion and sexual minority rights in the domains of work and non-work activities. Specifically, by examining the key features of various discrimination cases from the US and UK contexts, the chapter identifies the possible tensions between different minority groups and the negotiation and settlement of their respective interests and entitlements. In an effort to reconcile the seemingly competing claims made for equality, the chapter considers a theoretical middle range within which the existing debates may be addressed through the careful application of Isaiah Berlin’s theory of positive and negative freedoms in public life. The use of Berlin’s theory contributes to the analysis of the justice standing of religious and sexual minority groups, what protections minority groups in conflict must be accorded vis-à-vis each other, and the nature of remedies which should be accorded to each group in theory and practice.

What is marriage? Existing treatments identify the gains to marriage but say little regarding the foundations of the institution itself. This paper proposes that marriage is designed to facilitate sexual co‐operation in a world without reliable contraception and paternity verifiability. By allocating control rights, it functions to mitigate the hazards of sexual opportunism. Recently, however, the technology shocks of the pill, legal abortion and paternity testing have weakened the links between marriage and both sex and reproduction. This has undermined the traditional justification for marriage. What remains is a bundle of legal and economic benefits that are gradually losing significance as the focus of family law shifts from marriage to parenthood as its fundamental organising principle.

This article explores criminal law reform proposals on the law relating to sexual offences, scheduled for debate in the current parliamentary session, in order to illustrate the current tension between sexual empowerment and protection of people with learning disabilities from sexual violence. It suggests that law's response to the sexuality of people with learning disabilities, evidenced by the Sexual Offences Bill now before Parliament, will be inadequate as long as it is characterised as choosing between protection and empowerment. An alternative conception of sexual rights can provide a fuller and more persuasive account of the sexuality of men and women with learning disabilities.

Purpose: This chapter explores the relationship between international human rights and the domestic practices of nation-states around lesbian, gay, bisexual, and transgender (LGBT) rights.

Methodology/approach: Using Sweden and Russia as case studies, this chapter analyzes LGBT human rights recommendations from the cyclical United Nations Universal Periodic Review and how they affect practices within nation-states.

Findings: Sweden embraces recommendations to strengthen LGBT human rights and institutes stronger national LGBT rights policies of its own, while Russia’s compliance with LGBT rights recommendations is low. Further, reports of LGBT victimization show that the severity of attacks on LGBT people is pronounced in Russia.

Social implications: Relying on case studies limits the generalizability of this study, but the implications of these findings suggest that, to strengthen human rights compliance and improve the lives of minority citizens, human rights advocates should take note of domestic ideologies and leverage the institutional environment of the world society to provide information, resources, and pressure to facilitate nation-states’ compliance with international human rights recommendations.

Originality/value: This chapter deepens the discourse on the contested realm of international LGBT rights by highlighting the dynamics between international monitoring mechanisms, domestic discourse, and domestic law.

The paper uses archival materials, interviews, and secondary scholarship to examine debates among Indian coalitional activists on legal argumentation against India’s national sodomy law in Naz Foundation v. Government of NCT of Delhi in particular, and in their mobilization activities in general. At the heart of activists’ debates was whether “rights to privacy” was the appropriate legal justification with which to argue the unconstitutionality of the sodomy law. Activists warned against uncritically advancing the notion that the sodomy law was an unlawful intrusion into an individual’s privacy, understood in spatial terms as existing within the bounds of a physical home or area, instead highlighting how gender and class shaped queer citizens’ engagements with private space. The paper argues that activists’ critical examinations of private and public space in the Indian context problematize canonical foundations of queer theory and sociological approaches to sexual citizenship, much of which assumes that all queer life moves from an inner sanctum of private secrecy, experienced as shameful, to an outer realm of equality vis-à-vis the state, the public, and the economy through declarative acts of embodiment. Drawing on critical queer studies scholarship, the paper argues that the legal debates in Naz and Indian queer activism reveal the unstated Western liberalism in prevailing scholarship on the promise of law for queer communities in contexts where core differences exist in material and social realities, and, consequently, in the meanings that individuals attach to space, privacy, embodiment, and visibility.

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

What is required is an examination of prosecutions and judgments of the ICTY (International Criminal Tribunal for the former Yugoslavia), the ICTR (International Criminal Tribunal for Rwanda), the SCSL (Special Court for Sierra Leone) and the ICC (International Criminal Court). I employ an international law and gender studies approach.

To count as a crime against humanity, war rape must have been committed as part of a widespread attack on a civilian population. This reflects the idea that war rape is not based solely in the violation of a woman’s body. The problem is that war rapes occur absent the explicit purpose to destroy a community. This chapter provides insight to the historical background of wartime rape to scholars, feminist legal theorists, sociologists, NGOs and lawyers.

By alerting us to the fact that the international community appears to elevate violations of groups or communities over the violation of individual women during conflict, the chapter suggests that the human rights of women may not be fully protected.

The purpose of this paper is to clarify: the law on capacity to consent to sex; ethical and legal factors in assessing decision‐making capacity of those on the autism (ASD) and neurodiverse (ND) spectrums; and the legal obligations to promote sexual health devolving to local authorities from April 2013. We make proposals to ensure socio‐sexual competence by providing appropriate sex and relationship education (SRE).

Critical legal analysis of case law and legislation on the capacity of the vulnerable to consent to sex, in the context of those diagnosed on the autism and neurodiverse spectrums.

Consent to sex cannot be regarded as informed, autonomous, valid and lawful without socio‐sexual competence. Sex and relationships education should be provided to ensure socio‐sexual competence, in keeping with international conventions and national laws and policies.

There is an urgent need for research into the needs and experiences of people with ASD/ND and their families/carers with regard to the efficacy and tailoring of SRE strategies. This research should feed into SRE family intervention programmes (SREFIPs), developed in partnership with people with ASD/ND, their families/carers and professionals.

This article seeks to resolve many of the existing legal uncertainties surrounding the capacity to consent to sex and to propose novel solutions to ensure the socio‐sexual competence of those diagnosed on the ASD or ND spectrums in relation to their rights to sexual expression.

This chapter considers how lesbian, gay, bisexual, and transgender (LGBT) activists in Namibia and South Africa appropriate discourses of decolonization associated with African national liberation movements. I examine the legal, cultural, and political possibilities associated with LGBT activists’ framing of law reform as a decolonization project. LGBT activists identified laws governing gender and sexual nonconformity as in particular need of reform. Using data from daily ethnographic observation of LGBT movement organizations, in-depth qualitative interviews with LGBT activists, and newspaper articles about political homophobia, I elucidate how Namibian and South African LGBT activists conceptualize movement challenges to antigay laws as decolonization.