Human Rights and Sexuality - Essay Example

It is due to the reason that in the modern world, to provide justification to gender hierarchies and maintain a fundamental base of social structure, legal constitutions play a vital role in terms of social orientation rights in any country . This configuration of the human society supposedly raises a question that as a social being, are human not free to have sex as they will to, or do they lack control on their self determination which should be guided by a few documented legal acclamations .

But certainly this is not the question that is to be focused in this study. The nature of social ideology towards human rights relative to their social orientation have changed dramatically realising the social and biological enclosure that sexual orientations in a human life can also be in homosexual terms rather than only in heterosexual ways. This revolutionised the legal systems related to human rights and sexual orientations motivating many countries to accept that marriages can even take place between two peoples of the same sex as homosexual mode of orientation, such as UK, United States, South Africa and India among others .

However, in the highly adaptable and complex social stature of the 21st century, socialists perceive contrasting views regarding the legal framing of homosexual orientation and heterosexual orientation simultaneously in the same country. Due to this reason it is still being commentated that ‘in some countries same-sex couples can marry, while in others the death penalty is still handed down for homosexual acts’ . . Taking into account the importance of legal constitutions in terms of sexual orientation rights, this paper will try to assess that whether this kind of contradicting views can co-exist in the same international legal order and how does this performance correlate with gender hierarchies and national identities.

Recent Developments in the Sexual Orientation Rights The conceptual meaning of rights has changed to a large extent in the current decade from that of the early centuries when it was initially introduced. To be mentioned, human rights, in the early years of its establishments, fundamentally meant the freedom of people from being deprived by the autocratic behaviour of the state. But in today’s context, rights are generally meant to be ‘democratic political processes’ where the intention is to secure individuals and the entire population from being offended by the power owned by the state.

With this point of view, democratic countries have brought into practice the right of clean environment, rights to peace and similar others focusing on the entire economic health and thus is often referred to possess a broad scope eliminating the uniqueness and specific dichotomy of human rights. Right to sexual orientation is also considered to be one of the recent additions to human rights that tend to broaden the conceptual framework of human rights towards a more indistinct disposition5. In this connection, studies from the past few decades have observed that remarkable changes have impacted the relationship existing between human rights and sexual orientation.

In the current scenario, scholars argue more on the concerns of sexual rights