Decriminalising Consensual Heterosexual Conduct outside Marriage

In many countries all over the world, women's real or alleged engagement in consensual sexual activity outside marriage can give rise to a criminal conviction, leading to the imposition of a sentence of imprisonment and/or corporal or even capital punishment. Criminalising women because of their real or alleged involvement in adultery or fornication is a form of discrimination against women and it serves to reinforce patriarchal dominance in the so-called ‘private sphere’ and contributes to women's vulnerability to abuse. Because of male dominance of law-making and its enforcement, traditional human rights discourses have – in the main – reflected societal attitudes and values as far as the criminalisation of adultery and fornication is concerned. As a result, human rights scholarship, monitoring and advocacy have largely ignored the plight of women accused of these ‘offenses’. However, as demonstrated by a feminist reformulation of human rights in international law, as well as by arguments pertaining to the prohibition of discrimination on the basis of sexual orientation, it is possible to map out a course of action for scholars, advocates and campaigners to spearhead efforts to decriminalise consensual sexual activity outside marriage using human rights law as a more responsive tool

Adultery · Conviction · Criminal law · Criminology · Forced marriage · Human rights · Political science · Sociology · Gender, Security, and Conflict · International Human Rights and Reproductive Law · Law · Sex work and related issues