SEXUAL AND REPRODUCTIVE RIGHTS OR SEXUAL RIGHTS AND REPRODUCTIVE RIGHTS? DILEMMAS AND CONTRADICTIONS IN THE INTERNATIONAL AND THE BRAZILIAN LEGAL FRAMEWORK

Abstract

In recent decades, legal developments regarding the field of sexuality have been recognized both nationally and internationally. In this context, sexual rights are often claimed based on the joint treatment of "sexual and reproductive rights", despite efforts to build and consolidate an autonomous content. Historically, this undifferentiated treatment between sexual and reproductive rights collaborated so that the former came to be seen as a subordinate and conditioned category to the latter. Despite the criticisms, this process has not been reversed on the political and constitutional level in Brazil. In the light of these considerations, the article aims to point out the usefulness of the category of sexual rights for the protection and promotion of rights related to sexuality and gender identity. It also aims to signal the risks of a fragmentary view of human rights that does not consider them in an indivisible and interdependent way.