Sex, Sexuality, and the Constitution: Enshrining the Right to Sexual Autonomy in Japan

Sex and sexuality are essential to human life and the survival of the human race, but many countries have yet to enshrine sexual freedoms as constitutional rights. This book explores the extent to which governments should be allowed to restrict or influence sexual autonomy to support population policy outcomes. It has implications for government policy in all countries facing similar challenges.

Format: Paperback / softback
Length: 336 pages
Publication date: 15 January 2024
Publisher: University of British Columbia Press

Sex and sexuality are undeniably integral to human life, playing a crucial role in the survival and well-being of the human race. However, despite their fundamental significance, many countries have yet to fully recognize sexual freedoms as constitutional rights. In this essay, we will focus primarily on Japan, examining the complex relationship between individual sexual freedoms and the constitutional guarantee of sexual autonomy.

Shigenori Matsui, in his book "Sex,Sexuality,and the Constitution," delves into the critical question of how far governments should be allowed to restrict or influence sexual autonomy in pursuit of desired population policy outcomes. The author raises several thought-provoking questions that warrant careful consideration. Should the constitution encompass an individual's right to decide or change their sexual or gender identity? Should individuals have the freedom to engage in sex or to refuse to engage in it? Should individuals have the right to have children, either through natural birth or through access to medically assisted reproduction? Conversely, should individuals have the right to choose not to have children, through access to abortion?

These are complex and deeply personal rights that have far-reaching implications for individuals and society as a whole. The legal analysis presented in "Sex,Sexuality,and the Constitution" is rigorous and comprehensive, covering a wide range of legal and constitutional issues. The book offers valuable insights into the debates surrounding sexual freedoms and autonomy, and its findings have implications for government policy in all countries facing similar population and constitutional rights challenges.

One of the key arguments put forth by Matsui is that the constitution should recognize an individual's right to sexual autonomy. This includes the freedom to make decisions about one's own body, including the right to engage in consensual sex, the right to refuse sex, and the right to choose whether to have children or not. Matsui argues that these rights are essential for promoting individual dignity, autonomy, and well-being.

However, Matsui also acknowledges that governments have legitimate interests in shaping population policy and that they may need to restrict certain sexual freedoms to achieve these goals. For example, governments may impose age restrictions on sexual activity to protect young people from harm or to prevent the spread of sexually transmitted diseases. Similarly, governments may regulate reproductive technologies to ensure that they are used responsibly and to protect the rights of potential parents and children.

The author raises several important questions about the balance between individual sexual freedoms and government interests. For instance, how should the government determine which sexual activities should be legal or illegal? Should the government have the authority children, through natural birth or through access to medically assisted reproduction? How should the government regulate reproductive technologies to ensure their safety and effectiveness?

Matsui's book provides a thoughtful and nuanced exploration of these complex issues, offering a valuable contribution to the ongoing debate about sexual freedoms and autonomy. The author's legal analysis is grounded in a deep understanding of the Japanese Constitution and legal system, and his arguments are supported by extensive research and evidence. The book is well-written and accessible to a wide audience, including legal professionals, policymakers, and individuals interested in understanding the relationship between sexual freedoms and constitutional rights.

In conclusion, sex and sexuality are fundamental aspects of human life, and their recognition as constitutional rights is essential for promoting individual dignity, autonomy, and well-being. While many countries have yet to fully embrace sexual freedoms as constitutional rights, Japan serves as a valuable case study for examining the complex relationship between individual sexual freedoms and the constitutional guarantee of sexual autonomy. Shigenori Matsui's book "Sex,Sexuality,and the Constitution" provides a rigorous and comprehensive legal analysis of these issues, offering valuable insights into the debates surrounding sexual freedoms and autonomy. The book's findings have implications for government policy in all countries facing similar population and constitutional rights challenges, and it is a must-read for anyone interested in understanding the complexities of this important issue.

Weight: 520g
Dimension: 229 x 152 (mm)
ISBN-13: 9780774868167