Essay: Consent and International Human Rights Law


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Mindy Jane Roseman, Jaime Todd-Gher and Sara Hossain

“Consent and International Human Rights Law” is the third of a ten-part essay series prepared for the Global Dialogue on Decriminalisation, Choice and Consent, organised by CREA, held between 22-24 October 2014.

…Much of the problem here comes back to the idea of ‘protective’ versus ‘enabling’ rights. When we consider consent outside the law we can focus on individual autonomy. But as soon as we look at consent under the law, it becomes framed in protective terms; in other words as a question of who cannot consent and who must be protected.

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