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Sexual and reproductive health rights

Within the framework of the National Policy on Sexuality, Sexual and Reproductive Rights,
these are considered the most human of rights, as they are part of the most intimate
sphere of people.

In this sense, the Colombian State must guarantee the exercise of these rights in a free
and autonomous manner, without any type of stigma and discrimination, and protect these
rights when they are violated under different forms of coercion or violence.

As established by the Constitutional Court of Colombia through Ruling T-274 of 2015, it is

necessary to differentiate sexual rights from reproductive rights, inasmuch as "...sexuality
and reproduction are two different spheres in the life of the human being, since the former
should not be understood only as a means to achieve the latter". It has also recognized
that both rights are undoubtedly related, given that autonomy in reproductive decisions
contributes to a sexual life free from the risk of unwanted pregnancies, which means that
each of these categories has its own definition and content, but they start from a common
basis.

Sexuality
Starting from a rights-based approach, "sexuality is a social and symbolic construction,
which is formed from the biological, psychological, cultural and historical reality of people
in a given society; and involves emotional, behavioral, cognitive and communicative
aspects for individual and social development "1.

Sexual rights
They are aimed at guaranteeing the free, informed, healthy and satisfactory exercise and
development of sexuality, based on the enjoyment of sexuality and e r o t i c i s m , without
coercion and free of all forms of violence, and imply exploring and enjoying a pleasurable
sexual life, free of fears, shame, inhibitions, guilt, unfounded beliefs and prejudices that
limit the expression of these rights.
In order to exercise this right, access to sexual health services is required, so that
measures are taken for the prevention and care of sexually transmitted infections, and
diseases and ailments that affect the pleasurable exercise of sexuality.

These are sexual rights, among others:

Right to sexual enjoyment, satisfaction and gratification. This right is based on the
recognition that every person has the right to feel pleasure, to enjoy his or her sexuality, to

1Taken from "Cartilla de aprendizaje: Caminemos juntos. Some guidelines and tools for the prevention and
care of adolescent pregnancy." 2014.
Self-satisfaction and experimentation with the senses implies that all people have the right
to live their sexuality without linking it to reproduction.

The right to know and value one's own body. This right is based on the recognition that
each person is unique and unrepeatable, and therefore each person has the right to know
his or her body and value it as it is, with all its characteristics. Based on this right, the
socially and culturally imposed canons of beauty are questioned, since they have a
negative influence on self-esteem and self-worth.

The right to decide whether or not to have sexual relations. This right is based on the
understanding that sexual relations must be free, autonomous and require prior consent.
This right implies the right of all persons to choose a sexual partner, to decide how, with
whom and when to have sexual relations, and to decide whether or not to have sexual
relations.

Right to express sexual orientation or gender identity. This right recognizes the
freedom that people have to feel attraction to persons of the same sex, the other sex, or to
women, men, or intersex persons; and to the self-definition that a person makes of himself
or herself, as a man, a woman, or the way he or she recognizes himself or herself,
regardless of biological sex and imposed binaries.

Right to a life free of violence. All people have the right to a life free of physical,
psychological, sexual, economic or patrimonial violence in family and couple relationships
as well as in public environments: school, street, workplace, public transportation, among
others.

Sexuality should be lived without coercion and violence, sexuality in a human rights
framework should be free, autonomous and dignified. Any form of violence, threat or
restriction of autonomy or freedom to decide any manifestation of sexuality is a form of
sexual violence.

Reproductive rights
They are based on the right of all persons to make free decisions, without discrimination,
about the possibility of procreating or not, of regulating their fertility and the possibility of
forming a family and having the information and means to do so.

It includes the right to have access to reproductive health services that guarantee safe
motherhood, the right of women to voluntary termination of pregnancy, to the prevention of
unwanted pregnancies, and the prevention and treatment of reproductive disorders such
as uterine, breast and prostate cancer.

These are reproductive rights, among others:

The right to decide freely and responsibly the number of children. This right is based
on the recognition that all persons are free, without any interference whatsoever, to decide
the number of children and the interval between them, and implies that the State should
provide information, education and the means to achieve this.

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Right to decide to become parents. All persons have the right to decide freely,
autonomously and responsibly the possibility of becoming mothers or fathers, and to have
the necessary information to guarantee the enjoyment of this right.

Right to form a family. This right is based on the possibility that all persons have to form
and shape a family, freely and without any type o f stigma and discrimination.

Right to initiate or postpone the reproductive process. All persons have the right to
decide when they want to initiate their reproductive process. This right implies access to
preventive treatment for reproductive disorders or to safe and effective contraceptive
methods, including the right to information and education on their use and effects on
health.

The right of women not to be discriminated against because of pregnancy or

maternity. This right implies that health services must guarantee a life free of violence,
without discrimination or unequal treatment, towards women who decide to initiate a
reproductive process, during pregnancy or maternity.

Right to safe motherhood. All women have the right to access health services and
medical attention that guarantee a safe maternity, free of all risks throughout the
reproductive process, that is, from the reproductive intention, conception, gestation,
childbirth and puerperium.

Right to voluntary termination of pregnancy. All girls and women have the right to
voluntary termination of pregnancy, when:

- The continuation of the pregnancy constitutes danger to the life or health of

the woman, certified by a physician.
- When there is a serious malformation of the fetus that makes its life
unviable, certified by a physician.
- When the pregnancy is the result of conduct, duly denounced, constituting
carnal access or sexual act without consent, abusive or non-consensual
artificial insemination or transfer of fertilized egg, or incest.

Social Promotion Office Bogotá,

D.C.
March 2018