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South Africa's Sexual Rights Charter: The Right To Enjoy Sex

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South Africa’s

Sexual Rights Charter


South Africa's Constitution says that women and men must be treated equally and fairly. It
also says that no one has the right to control or dominate another person. Both women and
men are sexual beings with equal rights in their relationships. However, many people are not
able to enjoy these rights. We know this because South Africa has very high levels of:

♦ rape, including date rape, marital rape and incest


♦ domestic violence
♦ HIV and AIDS
♦ teenage pregnancy.

If we follow the sexual rights and responsibilities in this Charter, our country will be less
violent, safer and happier for all.

The right to enjoy sex


In sexual relationships, you have the right to:

♦ enjoy sex just for the pleasure of it


♦ enjoy sex right up into old age
♦ be treated as an equal sexual partner
♦ be treated with dignity and respect
♦ express your desires, needs and concerns - and be listened to
♦ be the one to initiate sex
♦ choose your sexual partner, whether they are the same or the opposite sex.

You too have the responsibility to respect the rights of your sexual partner.

The right to safer sex


Safer sex is a way of having sex that protects you from sexually transmitted infections,
including HIV/AIDS and from unwanted pregnancy. It is therefore your right to:

♦ have a clinic or health care centre nearby that can offer you safe and reliable ways to
protect yourself from unwanted pregnancy
♦ be given the correct information about safer sex, so that you can choose how you want to
have sex
♦ have access to affordable health care
♦ be treated by health care workers in a respectful, caring and sensitive way
♦ use male or female condoms to protect yourself from sexually transmitted infections,
including HIV.

You have the responsibility to protect yourself and your partner.


The right to say 'NO'
You have the right to:

♦ say ‘no’ and ‘stop’ if you do not want to go ahead with sex
♦ be listened to and respected.

Other sexual rights


We also have the right to:

♦ laws, policies and practices that do not discriminate against anyone, especially not against
women, gays, lesbians, young people, people with disabilities, and people living with
HIV or AIDS
♦ more job opportunities so that people are not forced into commercial sex work
♦ specially trained, professional and caring services.

How will the goals of this Charter be achieved?


To achieve this Charter’s goals, you need to:

♦ understand and practise your sexual rights and responsibilities in your relationships
♦ acknowledge the rights of others, especially women
♦ see that government, business, civil society organisations, communities and households
promote and uphold the rights in this Charter.

The South African government signed an international agreement from the Fourth World
Conference on Women held in Beijing in 1995. The agreement supports all the rights in this
Charter. The government is therefore committed to promoting these rights.

How can you in your home, community and workplace make


sure that everyone is able to enjoy the rights and accept the
responsibilities in this Charter?

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