ABSTRACT

This chapter is dedicated to the content of children's and adolescents’ sexual rights and the normatively relevant differences between them. The aim here is to use the capability approach as a theory of well-being to substantiate the sexual health and thus the sexual rights of children and adolescents. The focus is on conceptual issues, while ethical questions about the justification of these rights are largely excluded. The capability approach focuses on freedoms, autonomy, and agency. These aspects must also be considered appropriate for children and adolescents. This means that sexual rights of children and adolescents should not only be limited to the defence against dangers and attacks, but should also empower and enable them to develop in a sexually healthy way and to express their sexual agency according to their maturity.