妇女性人权与妇女法的修改

所谓性的人权化走向 ,就是性越来越与人权联系在一起。联合国 1 949年《禁止贩卖人口及取缔意图赢利使人卖淫公约》 ,是性的人权化走向的著名实例。性人权 ,概括言之 ,就是作为性存在的人所有和应当享有的人权。妇女人权运动历来是人权运动的有机组成部分 ;妇女的性人权成了战后人权和妇女解放运动中的一个重点问题。正在讨论修改的《中华人民共和国妇女权益保障法》 ,是妇女人权的国内立法 ,在“人权”已经写入宪法的情况下 ,妇女法的修改应顺应国际国内人权发展的历史潮流 ,确立性的人权本位。这样做不仅有利于妇女的人权 ,而且可以以性人权为凭借 ,从一个侧面推动中国人权的发展。

The human rights-oriented approach to sexuality means increasingly closer connection between sexuality and human rights. The 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others serves as a typical example of this trend of development. Sexual rights, generally speaking, are rights entitled and should be enjoyed by all human beings, simply because of the nature of “sexual beings”. Women's human rights campaign has all along been an integral part of human rights movement and women's sexual rights have become one of the core issues in human rights and women's liberation movements after the Second World War. The Law on the Protection of Women's Rights and Interests, which is under the consideration for amendment, is regarded as a domestic legislation on women's human rights in China. In the context in which human rights have been incorporated in the newly amended Constitution, the amendment of the Law on the Protection of Women's Rights and Interests should conform to historical trend of the developments of human rights at both international and national levels and establish the basis of human rights to sexuality. This approach, by relying on sexual rights, will not only benefit and enhance women's human rights, but also promote the development of human rights in China.