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Feminism: Sex and gender discussions

New UN report says children can consent to sex with adults

110 replies

Clymene · 15/04/2023 18:42

And that there should be no criminal charges for adults who have sexual relations with children.

The International Commission of Jurists - 'Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems' - has published a a Human Rights-Based Approach to Criminal Law Proscribing Conduct Associated with Sex, Reproduction, Drug Use, HIV, Homelessness and Poverty.

They've (ironically) called it the 8 March (IWD) Principles. I say ironically because as you can probably guess, a lot of the report is about men's right to have sex without fear of prosecution.

The entire report is basically decriminalise all the things.

Children can consent to sex:

sexual conduct involving persons below the domestically prescribed minimum age of consent to sex may be consensual in fact, if not in law. In this context, the enforcement of criminal law should reflect the rights and capacity of persons under 18 years of age to make decisions about engaging in consensual sexual conduct and their right to be heard in matters concerning them.

Punters and pimps should not be prosecuted:

The exchange of sexual services between consenting adults for money, goods or services and communication with another about, advertising an offer for, or sharing premises with another for the purpose of exchanging sexual services between consenting adults for money, goods or services, whether in a public or private place, may not be criminalized, absent coercion, force, abuse of authority or fraud.
Criminal law may not proscribe the conduct of third parties who, directly or indirectly, for receipt of a financial or material benefit, under fair conditions – without coercion, force, abuse of authority or fraud – facilitate, manage, organize, communicate with another, advertise, provide information about, provide or rent premises for the purpose of the exchange of sexual services between consenting adults for money, goods or services.

Feels batshit to me but I have no idea how much power and influence they have.

icj2.wpenginepowered.com/wp-content/uploads/2023/03/8-MARCH-Principles-FINAL-printer-version-1-MARCH-2023.pdf

OP posts:
Irequireausername · 15/04/2023 20:31

This is why they've been pushing the trans debate so much, it's a gateway to also accepting this.

Laladybird · 15/04/2023 20:20

Christine Stegling said, “I welcome the fact that these principles are being launched on International Women’s Day (IWD), in recognition of the detrimental effects criminal law can, and too often does have on women in all their diversity.”

Does 'in all their diversity' mean er, men?

Cailleach1 · 15/04/2023 20:12

So, civil society represented in the governing body. I wonder if NGO's like Amnesty would be there. You know the ones whose Irish crowd called for women standing up for their rights to lose political representation etc. And, of course they are big on the exploitation of women being deodorised as 'sex work'. Suits the pimps and men who buy women a lot better.

Civil society. I wouldn't trust many of those lobby groups as far as I'd throw them.

SpicyMoth · 15/04/2023 20:11

haXXor · 15/04/2023 19:54

You're confusing "held criminally liable" with "needs medical support". Women in the USA have been prosecuted and jailed for taking drugs during pregnancy. This helps neither the mother nor the child.

Ah, thank you for clarifying - I did originally ask if I was misunderstanding what it was saying, evidently I was :')

Clymene · 15/04/2023 20:05

CindersAgain · 15/04/2023 20:00

Where is the link with the UN?

This is who is behind the report:

The International Committee of Jurists (ICJ) along with UNAIDS and the Office of the High Commissioner for Human Rights (OHCHR) officially launched a new set of expert jurist legal principles to guide the application of international human rights law to criminal law.

www.unaids.org/en/whoweare/about
UNAIDS is leading the global effort to end AIDS as a public health threat by 2030 as part of the Sustainable Development Goals.

OP posts:
Motorina · 15/04/2023 20:05

SpicyMoth · 15/04/2023 18:54

"No one may be held criminally liable on the basis that their conduct is alleged to be harmful to their own pregnancy, such as alcohol or drug consumption or contracting HIV or transmitting it to the foetus while pregnant, or for their own pregnancy loss"

Uhm... surely if a woman is conducting herself in a way that is harming her baby that should be.. Idk... a problem? At least looked into by a mental health team??
Am I misunderstanding this section?

I don’t think we should be criminalising women who smoke or drink in pregnancy. I think doing either of those things is a seriously bad idea, and absolutely the woman’s care providers should be engaging with her on it. But criminal sanctions? No.

As for criminalising someone because they have the misfortune to contract HIV…. terrible awful victim blaming idea.

Cailleach1 · 15/04/2023 20:05

Well, UNAIDS seems to be involved, along with OHCHR.

You can see from the link in the op.

UNAIDS is a model for United Nations reform and is the only cosponsored Joint Programme in the United Nations system. It draws on the experience and expertise of 11 United Nations system Cosponsors and is the only United Nations entity with civil society represented on its governing body.

and

The UNAIDS Secretariat has offices in 70 countries, with 70% of its staff based in the field, and has a budget of US$ 140 million for 2018. The budget for the Joint Programme for 2018 is US$ 242 million.

Cailleach1 · 15/04/2023 20:00

Yeah, they are using the words protecting human rights. Whose rights? Maybe not children, however they try to mis represent it. I'd wonder who has classified them as eminent? Themselves, or the guys they are lobbying for?

After Yogakartha Principles, I don't think I'd immediately accept their self-lauding description or claimed intent at face value.

CindersAgain · 15/04/2023 20:00

Where is the link with the UN?

Cailleach1 · 15/04/2023 19:55

They seem to be insinuating there are quite a number of sexes, or the sexes gives rise into a number of genders.

Consensual same-sex, as well as consensual different-sex sexual relations, or consensual sexual relations with or between trans, non-binary and other gender- diverse people

So two sexes - same and different. Then trans, non-binary and other gender-diverse people. Are they not covered by the two sexes mentioned? Does gender-diverse offer an infinite possibility? What are they if they are not covered by the two sexes? Sex in one breath and then glide to gender in the other.

Is this another lobby list crowd, or operating in the interests of some such?

haXXor · 15/04/2023 19:54

SpicyMoth · 15/04/2023 18:54

"No one may be held criminally liable on the basis that their conduct is alleged to be harmful to their own pregnancy, such as alcohol or drug consumption or contracting HIV or transmitting it to the foetus while pregnant, or for their own pregnancy loss"

Uhm... surely if a woman is conducting herself in a way that is harming her baby that should be.. Idk... a problem? At least looked into by a mental health team??
Am I misunderstanding this section?

You're confusing "held criminally liable" with "needs medical support". Women in the USA have been prosecuted and jailed for taking drugs during pregnancy. This helps neither the mother nor the child.

EndIessTea · 15/04/2023 19:34

This reply has been deleted

This has been deleted as the poster is not a genuine poster.

AxolotlOnions · 15/04/2023 19:31

Cailleach1 · 15/04/2023 19:10

Principle 16 is on page 22-23 of the document I opened.

PRINCIPLE 16 – CONSENSUAL SEXUAL CONDUCT
Consensual sexual conduct, irrespective of the type of sexual activity, the sex/ gender, sexual orientation, gender identity or gender expression of the people involved or their marital status, may not be criminalized in any circumstances. Consensual same-sex, as well as consensual different-sex sexual relations, or consensual sexual relations with or between trans, non-binary and other gender- diverse people, or outside marriage – whether pre-marital or extramarital – may, therefore, never be criminalized.

With respect to the enforcement of criminal law, any prescribed minimum age of consent to sex must be applied in a non-discriminatory manner. Enforcement may not be linked to the sex/gender of participants or age of consent to marriage.

Moreover, sexual conduct involving persons below the domestically prescribed minimum age of consent to sex may be consensual in fact, if not in law. In this context, the enforcement of criminal law should reflect the rights and capacity of

persons under 18 years of age to make decisions about engaging in consensual sexual conduct and their right to be heard in matters concerning them. Pursuant to their evolving capacities and progressive autonomy, persons under 18 years of age should participate in decisions affecting them, with due regard to their age, maturity and best interests, and with specific attention to non-discrimination guarantees.

The pages must change based on your screen size, how confusing!

SpicyMoth · 15/04/2023 19:28

JudgeRudy · 15/04/2023 19:20

Why do you believe this behaviour would indicate mental illness

If you're in a headspace where you're knowingly doing things that will cause harm to your unborn baby, ie getting drunk or taking drugs as the report lists those as examples, surely that suggests that the woman is doing those things because she's not coping very well mentally?
Involving a mental health professional does not always = full on mental illness, maybe she's just having a bout of depression for example and could do with some counselling.

In the case that she's doing those things because she no longer wants to continue the pregnancy, surely an abortion would be the appropriate response rather than alcohol and drugs, no?
And that would raise the question in my mind as to why she's not considering that as an option, and again then I would suggest counselling to get to the bottom of that.

But I also don't think someone should be excused 100% for knowingly doing things that will harm their pregnancy?
The baby has no choice in any of what's going on in the world around them or in what their mother does?

Utahthecat · 15/04/2023 19:25

What is the link with the UN? Looks like an NGO in Geneva, not a UN body

Cailleach1 · 15/04/2023 19:23

Who are the international Commission of Jurists? Are they like the shower that came up with the Yogakartha Principles, without a care to the real life and effects on others?

So, 'sex work' is fine under fair conditions – without coercion, force, abuse of authority or fraud. I'd be sceptical if those were ever absent, in some shape or form. Former trauma, abuse etc.

JudgeRudy · 15/04/2023 19:20

SpicyMoth · 15/04/2023 18:54

"No one may be held criminally liable on the basis that their conduct is alleged to be harmful to their own pregnancy, such as alcohol or drug consumption or contracting HIV or transmitting it to the foetus while pregnant, or for their own pregnancy loss"

Uhm... surely if a woman is conducting herself in a way that is harming her baby that should be.. Idk... a problem? At least looked into by a mental health team??
Am I misunderstanding this section?

Why do you believe this behaviour would indicate mental illness

Cailleach1 · 15/04/2023 19:12

I wonder if there is a definition for 'gender identity', and if sexual orientation includes paedophilia?

Cailleach1 · 15/04/2023 19:10

Principle 16 is on page 22-23 of the document I opened.

PRINCIPLE 16 – CONSENSUAL SEXUAL CONDUCT
Consensual sexual conduct, irrespective of the type of sexual activity, the sex/ gender, sexual orientation, gender identity or gender expression of the people involved or their marital status, may not be criminalized in any circumstances. Consensual same-sex, as well as consensual different-sex sexual relations, or consensual sexual relations with or between trans, non-binary and other gender- diverse people, or outside marriage – whether pre-marital or extramarital – may, therefore, never be criminalized.

With respect to the enforcement of criminal law, any prescribed minimum age of consent to sex must be applied in a non-discriminatory manner. Enforcement may not be linked to the sex/gender of participants or age of consent to marriage.

Moreover, sexual conduct involving persons below the domestically prescribed minimum age of consent to sex may be consensual in fact, if not in law. In this context, the enforcement of criminal law should reflect the rights and capacity of

persons under 18 years of age to make decisions about engaging in consensual sexual conduct and their right to be heard in matters concerning them. Pursuant to their evolving capacities and progressive autonomy, persons under 18 years of age should participate in decisions affecting them, with due regard to their age, maturity and best interests, and with specific attention to non-discrimination guarantees.

Clymene · 15/04/2023 19:09

Here's another bit which is disturbing:

No one may be held criminally liable for consensual practices aiming to assist others with the exploration, free development and/or affirmation of sexual orientation or gender identity, unless there was force, coercion, fraud or medical negligence, or a lack of free and informed decision-making on the part of the person concerned.

So no doctors can be prosecuted for 'affirmation' of children. Even if that means sterilising them or causing life long illness. Because consent.

The whole document pivots around the idea that there is no age under which consent is not possible.

Edwin Cameron, who wrote the report, is 70.

OP posts:
ResisterRex · 15/04/2023 19:08

It's weird though, because the UN does have a view on the minimum age for marriage. And yet this...

AxolotlOnions · 15/04/2023 19:06

Principle 16 on page 26-27. It basically says that you should involve the minor in the legal process and take into account the circumstances. I took from this that they want countries to have laws that differentiate between rape of a minor and statutory rape of a minor.

AxolotlOnions · 15/04/2023 19:01

Clymene · 15/04/2023 18:59

It's Principle 16 on page 21-22. There are only 21 Principles so I'm not clear why you're finding it so onerous to find it. It's the one which is fairly obviously call Consensual Sexual Conduct.

I only saw it was a 32 page document and thought 'fuck that, I'm tired' so I thought I'd ask someone who's read it.

Clymene · 15/04/2023 18:59

It's Principle 16 on page 21-22. There are only 21 Principles so I'm not clear why you're finding it so onerous to find it. It's the one which is fairly obviously call Consensual Sexual Conduct.

OP posts:
ResisterRex · 15/04/2023 18:59

Somebodiesmother · 15/04/2023 18:44

Isn't that first paragraph about those under the age of consent having sex with each other?

I was reading this as I saw it on Twitter. Haven't read it all but that para does say "involving persons...". So one party could be above that age. And then there's group-based grooming situations. Not to mention the bit about hearing what concerns them...well...how many groomed minors are going to understand they're victims? And say they've been coerced and raped?

This document definitely needs some carefully reading, was my first impression.

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