Sexual Privacy Act
A resolution to improve worldwide human and civil rights.
Category: Human Rights
Strength: Significant
Proposed by: Mendosia
Description: The Nations of the World Assembly,
CONVINCED of the need for legal limits to government interference in the private lives of individuals,
RESOLVED to create the adequate conditions for the development of sexual identity and sexual self-determination,
ADOPT the following Resolution:
Article 1 (Object)
(a) This resolution establishes a right to sexual privacy without state intervention.
(b) The provisions contained in this resolution apply to humans.
© Each Nation shall make all the necessary adaptations to these provisions in order to grant the same level of sexual privacy protection to any other sentient species there may exist under their jurisdiction, provided that their existence is legally recognized.
Article 2 (Definitions)
(a) Sexual Acts: any acts between two or more individuals which involve stimulation of the sexual organs.
(b) Consenting: giving full agreement by words or behavior with respect to all aspects of the sexual act or acts one is engaging in, while not being in circumstances that significantly impair judgement and seriously affect volition, including but not limited to any forms of coercion, deception, error on the identity of the partner; nor suffering from a severe mental illness.
© Age of consent: the age above which the consent given for the purposes of the previous paragraph is valid, being invalid below the said age.
(d) Puberty: the period of development during which physical growth and sexual maturation occurs.
Article 3 (Sexual privacy and its conditions of application)
(a) No Nation shall enact legislation prohibiting, criminalizing or otherwise regulating sexual acts between consenting individuals when practiced in the privacy of the home, or otherwise away from public exposure.
(b) Each Nation can define an age of consent. Should a Nation fail to define an age of consent, the age of majority in use in said Nation shall apply. Should a Nation fail to establish an age of majority, the individual will be considered above the age of consent for the purposes of the previous paragraph if he/she has entered puberty.
© All Nations shall enact and enforce legislation deeming unlawful and duly punishing all sexual acts involving or committed against non-consenting or invalidly consenting individuals, without prejudice to any immunities applicable to minors or persons otherwise incompetent for the purposes of criminal responsibility.
(d) The provisions of this article will not be construed to ban the exercise of disciplinary power by independent professional organizations should an individual be unethically involved in sexual acts with a client or with someone otherwise under his/her authority or responsibility. The penalties applied in the context of a disciplinary process may only concern the professional status of the defendant and may not have criminal consequences, except in the cases covered in the previous paragraph. The ethical rules applied for the purposes of this paragraph will make no distinction with respect to gender or sexual orientation of the defendant.
Article 4 (Non-discrimination)
(a) No Nation shall establish an age of consent according to gender of the participating individuals or the nature of the sexual act.
(b) No Nation shall construe the notion of consent in such a way as to summarily deny that capacity to heterosexuals, homosexuals, bisexuals, transsexuals or transgendered individuals.
