Sexual freedom

19-05-2014, 22:24Print
The best way of comprising the ambience of the sexual freedom is to sustain it in the theory of the freedom of Norberto Bobbio, who distinguishes between freedom of wanting or of will (positive freedom), and freedom of working (negative freedom):1

Positive freedom - The freedom that to want or will, it is a self-determination, the same one that is not another thing than the situation in which a subject has the possibility of facing its will towards a target, to take decisions without turning out to be determined by the will of others.
Negative freedom - The freedom of acting, supposes realizing or omitting the behavior that has will to carry out or to omit, without not authorized third one interfering in the above mentioned achievement or omission.
For Miguel Bajo Fernández, the sexual freedom must be understood about two ways: as free disposition of the proper body, without much ado limitations that the respect to the foreign freedom; and like faculty not to gain access and to repel sexual assaults of third.

In any case sexual freedom, both in its positive and negative slope, they neither are opposed nor distinguish between themselves, both freedoms constitute the same juridical good of the sexual freedom.

The sexual freedom is a right related to the free disposal of the body, the intimacy and the inalienable right at the intimacy and freedom of the persons. The legal recognition of the sexual freedom not always has existed it is not even gathered in all the legislations - the married women in the legislation of many countries were lacking and they still lack the reconomiento of sexual freedom before the husband; in some countries the families can repudiate, punish and even stone the single women if they maintain sexual intercourse not withstood by the family, or if, on the contrary, they do not withstand a sexual intercourse with the husband-. The advances in the regulations and the recognition of the sexual freedom 5 takes place from the second world war, with the sexual revolution and the claims feministas.4

Crimes against the sexual freedom

The 'Crimes against the sexual freedom and indemnity are those that commit an outrage against the freedom of sexual election of the individual, or that promote the sexuality in some sense when the passive subject is a minor of the age of assent stipulated by the law or incapable. There are included the sexual harassment, the sexual assault, the sexual abuse, the exhibitionism, sexual provocation and the minors' corruption.

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