Comprehensive sexuality education is key to unlocking adolescents' sexual rights, but without it, their ability to make informed, autonomous decisions remains limited—especially for marginalized groups like girls and LGBTQIA+ youth, says Gottfried Schweiger.

Gottfried Schweiger (University of Salzburg)

In this post, I explore the sexual rights of children and adolescents through the lens of the capability approach. I argue that instead of only viewing sexual rights as protection from harm, the capability approach encourages us to think about how we can support young people in developing their own sexual agency as they grow. It’s about helping children and adolescents not just stay safe, but also flourish, respecting their growing maturity and supporting their overall well-being.--

Sexual rights for children and adolescents are often neglected in philosophical discussions, especially when compared to social sciences and legal studies. The debate on sexual rights extends into the realm of moral rights, where ethical justification is essential. This blogpost focuses on discussing the sexual rights of children and adolescents from the perspective of the capability approach. Legal frameworks, such as the UN Convention on the Rights of the Child, often subsume all individuals under 18 into the category of “children,” but this fails to account for important developmental differences between younger children and adolescents. These distinctions are morally significant when considering sexual rights. The capability approach offers an ethical and well-being-oriented framework that can address these differences while focusing on individual development and agency.

The Capability Approach and Sexual Health

The capability approach is centered on the idea that well-being involves the ability to achieve valuable "functionings" through real freedoms or "capabilities." For children and adolescents, sexual health is a capability that must be fostered and protected to enable them to develop into autonomous individuals capable of making informed and responsible decisions about their sexuality. Sexual health, according to this framework, is not merely the absence of disease but encompasses physical, emotional, and cognitive dimensions. It involves the capacity for healthy sexual development, positive sexual experiences, safe relationships, and the ability to form a healthy sexual identity. This positive conception of sexual health aligns with the World Health Organization’s definition, which emphasizes well-being and the capacity for self-determination. By viewing sexual health as a capability, it is understood that achieving sexual well-being is dependent on a variety of "conversion factors," such as nutrition, safety, education, social support, and access to health care. These factors allow children and adolescents to convert their internal capabilities into functioning outcomes—i.e., the realization of their sexual health. Importantly, this also means that societal structures, institutions, and relationships play a crucial role in either enabling or hindering the development of these capabilities.

Sexual Rights: More Than Protection

Sexual rights, from the capability approach perspective, derive from the moral entitlement to sexual health. Traditionally, sexual rights are often viewed primarily as protective rights, aimed at shielding children and adolescents from disease, exploitation, violence, and abuse. However, this approach risks neglecting the positive aspects of sexual rights, which should include the empowerment of children and adolescents to understand and engage with their sexuality in a healthy way. Empowerment in the context of sexual rights means more than protection; it involves providing children and adolescents with the tools and knowledge necessary to develop their sexual agency in line with their maturity. For example, providing access to comprehensive sexuality education, enabling them to make understand their bodily development and their needs as well as to make informed decisions about contraception, or helping them to understand the importance of consent, are all ways of fostering their sexual capabilities. Moreover, sexual rights should be understood as encompassing both "negative" and "positive" liberties. Negative liberties protect against external interference, such as preventing sexual violence or abuse. Positive liberties, o, on the other hand, give children and adolescents the right to explore sexual knowledge, develop their own sexual identities, and engage with others in ways that are appropriate for their age and maturity. This balance reflects the capability approach’s focus on both autonomy and well-being—ensuring that young people are kept safe and supported in their personal growth and understanding of themselves.

Autonomy, Vulnerability, and Sexual Development

The balance between autonomy and vulnerability is crucial in distinguishing between the sexual rights of children and adolescents. Children, particularly younger ones, lack the autonomy to make complex decisions about their sexuality, making them more vulnerable and in need of protection. Their sexual rights, therefore, must focus primarily on shielding them from harm and to provide them with the conversion factors for their healthy sexual development. Adolescents, however, as they mature, begin to develop the cognitive and emotional capacities for autonomy. This growing capacity for self-determination necessitates a shift in how their sexual rights are understood. While it is clear that autonomy increases with maturity, it is equally important to recognize that vulnerability does not disappear during adolescence. In fact, it evolves. Adolescents are vulnerable not only to external harm but also to the consequences of their own decisions. For example, they may be more likely to engage in risky sexual behavior or experience pressures related to societal norms about sex and relationships. Thus, their sexual rights should not only include the freedom to make decisions but also the right to be supported in making those decisions wisely and to be protected from manipulation and coercion. The concept of "dynamic vulnerability" captures this evolving relationship between autonomy and risk. While children require strong protective measures due to their limited decision-making capacity, adolescents need a more balanced approach—one that respects their growing autonomy but continues to offer support and protection in areas where their vulnerability remains high.

Sexual Rights and Education

A key aspect of sexual rights, particularly for adolescents, is the right to comprehensive sexuality education. Education plays a central role in transforming capabilities into functionings. Without access to proper education about sexual health, adolescents are unable to fully realize their sexual rights. This includes not only knowledge about anatomy and reproduction but also education about relationships, consent, and respect for others. In many societies, the lack of access to quality sexual education exacerbates existing vulnerabilities, particularly for marginalized groups. Girls and LGBTQIA+ adolescents often face additional barriers, such as societal stigma or discriminatory practices, which can limit their access to necessary resources and information. This underscores the importance of ensuring that sexual rights are applied equitably, and that all children and adolescents are given the opportunity to achieve sexual health and well-being, regardless of their gender, sexual orientation, or social status.

Paternalism and Adolescent Autonomy

One of the challenges in developing sexual rights for adolescents is finding the right balance between respecting their autonomy and exercising paternalism for their protection. While children clearly need adult guidance to make decisions about their sexual health, adolescents are in a transitional phase where their autonomy should increasingly be respected. However, this does not mean that adolescents are fully autonomous. In situations involving serious consequences, such as life-altering medical decisions, parental guidance or intervention may still be necessary. This concept of "transitional paternalism" allows for a gradual shift in responsibility from adults to adolescents as they mature, reflecting their growing capacity for autonomy while maintaining safeguards against harm. Sexual rights, from this perspective, must respect the emerging agency of adolescents while still recognizing their unique vulnerabilities.

Conclusion

Using the capability approach, I’ve highlighted how sexual rights for kids and teens should strike a balance between keeping them safe and empowering them. It’s about both protecting them and giving them the space to grow and make their own choices. . Children, particularly younger ones, need strong protective rights, while adolescents should be granted more autonomy over their sexual health as they develop. However, these rights should not only shield against harm but also foster the development of sexual capabilities, allowing children and adolescents to grow into sexually healthy and autonomous adults. This understanding of sexual rights calls for policies and educational practices that support both the protection and empowerment of children and adolescents. In doing so, society can ensure that their sexual well-being is safeguarded and that they have the opportunities to make informed, autonomous decisions about their sexual lives as they mature. For those who want to learn more, please refer to my paper “The Capability Approach and the Sexual Rights of Children and Adolescents” (Schweiger 2023).

Reference

Schweiger, Gottfried. 2023. “The Capability Approach and the Sexual Rights of Children and Adolescents.” In Justice in Global Health: New Perspectives and Current Issues, edited by Himani Bhakuni and Lucas Miotto, 1st ed., 133–49. London: Routledge. https://doi.org/10.4324/9781003399933.

Gottfried Schweiger is a Senior Scientist at the Centre for Ethics and Poverty Research at the University of Salzburg, Austria. Gottfried is the co-author of the books “What is a good childhood?” (Palgrave Macmillan 2024), “Ethics and the Endangerment of Children‘s Bodies” (Palgrave Macmillan 2017) and “A Philosophical Examination of Social Justice and Child Poverty” (Palgrave Macmillan 2015)