UN Wants to Decriminalize Sex Between Minors and Adults

PRINCIPLE 16 – CONSENSUAL SEXUAL CONDUCT
Consensual sexual conduct, irrespective of the type of sexual activity, the sex/
gender, sexual orientation, gender identity or gender expression of the people
involved or their marital status, may not be criminalized in any circumstances.
Consensual same-sex, as well as consensual different-sex sexual relations, or
consensual sexual relations with or between trans, non-binary and other genderdiverse people, or outside marriage – whether pre-marital or extramarital – may,
therefore, never be criminalized.
With respect to the enforcement of criminal law, any prescribed minimum age of
consent to sex must be applied in a non-discriminatory manner. Enforcement may
not be linked to the sex/gender of participants or age of consent to marriage.
Moreover, sexual conduct involving persons below the domestically prescribed
minimum age of consent to sex may be consensual in fact, if not in law. In this
context, the enforcement of criminal law should reflect the rights and capacity of
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THE 8 MARCH PRINCIPLES FOR A HUMAN RIGHTS-BASED APPROACH TO CRIMINAL LAW PROSCRIBING
CONDUCT ASSOCIATED WITH SEX, REPRODUCTION, DRUG USE, HIV, HOMELESSNESS AND POVERTY
persons under 18 years of age to make decisions about engaging in consensual
sexual conduct and their right to be heard in matters concerning them. Pursuant to
their evolving capacities and progressive autonomy, persons under 18 years of age
should participate in decisions affecting them, with due regard to their age, maturity
and best interests, and with specific attention to non-discrimination guarantees.