ABSTRACT
Only in recent times has the debate about tolerance and respect for diversity become a prominent feature of democratic societies. What is often not realised is the extent to which toleration of the right to deviate from social norms relating to personal codes of morality is at odds with the principles of democracy as majority rule. The issue at the heart of the debate about ‘the enforcement of morals’ is that of drawing the line between the moral and the immoral in personal behaviour. Are individuals the best judges of their own interests, or does the state, acting on behalf of society, have the right to set limits on what it regards as morally acceptable? Although the question of a right to privacy is a much wider one, the emphasis here is on sexual and sex-related practices and lifestyle. Until the 1950s, it was widely assumed that the state did have the right to criminalise homosexuality, prostitution, pornography, abortions and many other related practices. Rapid social changes over the following decades have brought about extensive revisions in the law governing this area, but it has not been a one-way process of liberalisation. On most of these matters, there is an ongoing conflict between the rights of the individual and the rights of society.
