QUYỀN CƠ THỂ

  1. Lý do cần thiết: 

Khi sử dụng thanh công cụ tìm kiếm Google về “thống kê xâm hại tình dục”, tất cả các tiêu đề xuất hiện trong 10 trang đầu tiên liên tiếp đều mang từ khóa “xâm hại tình dục trẻ em”. Đây là một trong nhiều ví dụ chứng tỏ rằng: sự tìm hiểu về xâm hại tình dục tại Việt Nam được xuất hiện trên truyền thông chỉ tập trung vào duy nhất một đối tượng: trẻ em. Điều đó cho thấy trẻ em nói riêng và tất cả mọi người nói chung đang thiếu kiến thức về quyền cơ thể của mình, do không nhận thức được tầm quan trọng của những kiến thức đó. 

Việc biết rằng bản thân có quyền với cơ thể mình, hiểu về cách áp dụng những kiến thức về quyền cơ thể để bản vệ bản thân và tôn trọng người khác là một kĩ năng sống cần thiết đối với mỗi người. 

  1. Lý thuyết: 

Quyền cơ thể là tập hợp của 2 điều: ý thức về sở hữu thân thể, ý thức về quyền bất khả xâm phạm thân thể. 

  1. Ý thức về sở hữu thân thể: 

Cần ghi nhớ: Cơ thể của bạn là của bạn. 

Điều này nghĩa là gì?

–  Về mặt trách nhiệm: 

Chăm sóc cơ thể thuộc trách nhiệm tự thân của mỗi người trước nhất. Nếu người đó đang trong tình trạng thiếu khả năng tự chăm sóc, trách nhiệm mới được chia sẻ cho người xung quanh. 

– Về mặt quyền lợi: 

Quyền quyết định đầu tiên, cao nhất và cuối cùng đối với cơ thể một người thuộc về chính người đó. Quyền quyết định chỉ được chuyển giao cho người khác khi bản thân không đủ điều kiện sức khỏe để ra quyết định.
Quyền quyết định đối với cơ thể bao gồm:
+ Chăm sóc sức khỏe cơ bản
+ Chăm sóc sức khỏe giới tính
+ Hoạt động tình dục
+ Hoạt động sinh sản
+ Thể hiện, biểu đạt trên cơ thể, bằng cơ thể

+ Hiến tặng

Có những quan niệm cho rằng: con cái là máu thịt của cha mẹ, cơ thể con là do cha mẹ ban cho, nên con người con nói chung và cơ thể con thuộc về cha mẹ. Thực tế, trong giao tiếp gia đình, có những bậc phụ huynh vô tình thể hiện suy nghĩ này mà không hay biết. Ví dụ: tự cắt tóc con mặc dù con không đồng ý, sử dụng vũ lực đối với con, thể hiện bằng ngôn ngữ: bố/mẹ đẻ ra con nên con phải nghe lời,…Lớn lên, đứa con mang theo suy nghĩ mình thuộc về bố mẹ sẽ có xu hướng không có cảm giác gắn bó với cơ thể mình, đồng thời mang nhiều mặc cảm tội lỗi hơn nếu bị bạo hành hay xâm hại, không phải vì bản thân, mà vì nghĩ rằng cha mẹ sẽ đau khổ, xấu hổ, ghét bỏ mình vì đã không bảo vệ được “máu thịt” của cha mẹ. 

  1. Ý thức về bất khả xâm phạm thân thể: 

Cần ghi nhớ: không gian an toàn cá nhân là do bản thân quyết định. Cần đảm bảo đồng thuận trong mọi quyết định thân thể.

Không ai có quyền xâm phạm không gian an toàn khi không được sự đồng ý của cá nhân. Trong những trường hợp cần sử dụng các hành vi cưỡng chế theo pháp luật, cần có đầy đủ cơ sở quy phạm trách nhiệm trong luật pháp để thi hành. Trường hợp về y tế, cần cung cấp thông tin đầy đủ, chính xác, không thiên vị lựa chọn để cá nhân hoặc người giám hộ đưa ra quyết định. 

Điều này nghĩa là gì?

Không gian an toàn cá nhân: là phạm vi mỗi người cảm thấy 

Không ai có quyền miệt thị, xúc phạm cơ thể cá nhân bằng lời nói, cử chỉ, hành vi. 

Không ai có quyền tấn công, đánh đập, gây tổn thương thể chất cơ thể người khác. 

Không ai có quyền giam giữ trái phép người khác. 

Ứng dụng

  1. Đối với bản thân mỗi cá nhân: 
  • Tự có kế hoạch chăm sóc sức khỏe, bảo vệ an toàn cho bản thân. 
  • Tự xác định không gian an toàn của bản thân, ngăn chặn cách hành vi xâm phạm không gian an toàn cá nhân. 
  • Tôn trọng quyền quyết định của mỗi người về cơ thể. 
  • Không xâm phạm quyền cơ thể của người khác. 
  1. Đối với người hướng dẫn (phụ huynh và các nhà giáo dục):
  • Cung cấp hiểu biết về quyền cơ thể. 
  • Thực hành hiểu biết về quyền cơ thể. 

VD: luôn hỏi ý kiến trẻ trước khi chạm vào trẻ, ý thức về cử chỉ, hành vi, lời nói, ánh mắt để tránh xâm phạm không gian an toàn cá nhân. 

  • Hướng dẫn thực hành hiểu biết về quyền cơ thể: 
  • Phòng tránh xâm hại tình dục. 
  • Hiểu đúng về tình dục an toàn và bỏ thai an toàn. 
  • Biểu đạt, thể hiện bằng cơ thể, qua cơ thể. 
  • Quy trình giam giữ, xét xử

III. Tài liệu tham khảo: 

Điều 20 Hiến pháp Việt Nam năm 2013

Tuyên ngôn toàn thế giới về nhân quyền năm 1948 (UDHR)

Công ước về các quyền dân sự, chính trị năm 1966 (ICCPR); 

Công ước chống tra tấn và các hình thức đối xử hoặc trừng phạt tàn bạo, vô nhân đạo hoặc hạ nhục con người năm 1984 (CAT)…

Điều 373 Bộ luật hình sự năm 2015









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