Dunja Mijatović, Council of Europe Commissioner for Human Rights
Sexuality is an integral part of human life. Children and young people have the right to receive reliable, science-based and comprehensive information about it. Yet, sexuality education in schools is a sensitive issue. Ever since it was first introduced in European school curricula in the 1970’s, parents, religious leaders and politicians have been arguing, often in highly polarised debates, about how much, and what should be taught at what age.
Many Council of Europe member states have made considerable progress over the last decades towards delivering such education and improving its content so that it goes beyond biology and reproduction and truly equips children with knowledge about their bodies and their rights, and informs them about gender equality, sexual orientation, gender identity and healthy relationships (an approach often referred to as comprehensive sexuality education).
A renewed resistance to sexuality education
Despite overwhelming evidence that comprehensive sexuality education benefits children and society as a whole, we currently face renewed opposition to the provision of mandatory sexuality education in schools. Such resistance is often an illustration of a broader opposition to the full realisation of the human rights of specific groups, in particular women, lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and, to some extent, children themselves, on grounds that it would threaten traditional and religious values.
In 2019, a draft bill labelled “Stop Paedophilia” was put forward in the Polish Parliament by a group of citizens. It envisages the introduction of harsh penalties - including possible imprisonment - for anyone acting in the educational context or on school premises who “propagates or approves the undertaking by a minor of sexual intercourse or any other sexual act”. I expressed serious concern that the bill may be used to effectively criminalise the provision of sexuality education to school children. Most recently, the President of Poland, running for a second term, made it a campaign pledge to essentially forbid schools from teaching LGBT issues in sexuality education classes. Last year, in Birmingham (UK), religious communities and parents organised protests in front of schools that were providing information about same-sex relationships and transgender issues to their pupils. The recent adoption, in June 2020, by the Romanian Parliament of a bill repealing the mandatory provision of comprehensive sexuality education in school curricula is yet another example of this renewed opposition to the right of children to sexuality education. This move came after the adoption, in early 2020, of legislation introducing such mandatory sexuality education in schools, a development which was labelled by religious organisations as “an attack against the innocence of children.”
In Italy, as noted by the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), which monitors the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention), the government’s initiative in 2015 to prepare “National Guidelines for Education to Affectivity, Sexuality and Reproductive Health in Schools” was stopped due to growing resistance to education on sexuality and the stigmatisation, often channelled through disinformation campaigns on the content of such education, of those partaking in it. In the Spanish autonomous region of Murcia, it is now possible for parents to request that their children opt out from certain classes provided by external educators, should the parents consider that the subject or the providers are not in line with their views on certain issues. This could have a negative impact on these children’s access to sexuality and relationships education, as this subject, as well as other human rights education-related content, is often provided by external actors, within the context of the ordinary curriculum.
Dispelling the myths about comprehensive sexuality education
Campaigns have multiplied across the continent, disseminating distorted or misleading information about existing sexuality education curricula. They have presented sexuality education as sexualising children at an early age, “propaganda in favour of homosexuality”, spreading “gender ideology”, and depriving parents of their right to educate their children in accordance with their values and beliefs. Disinformation about the actual contents of the curriculum is deliberately spread to scare parents.
It is time to set the record straight. UNESCO has spelled out the aims of sexuality education as “teaching and learning about the cognitive, emotional, physical and social aspects of sexuality. It aims to equip children and young people with knowledge, skills, attitudes and values that will empower them to: realize their health, well-being and dignity; develop respectful social and sexual relationships; consider how their choices affect their own well-being and that of others; and understand and ensure the protection of their rights throughout their lives.”
Contrary to what opponents claim, research carried out at national and international level has demonstrated the benefits of comprehensive sexuality education, including: delayed sexual initiation; reduced risk-taking; increased use of contraception; and improved attitudes related to sexual and reproductive health.
Sexuality education in schools is today all the more necessary as children in most cases can – and do -- obtain information otherwise, in particular through the Internet and social media. While these can be useful and appropriate sources of information, they can also convey a distorted image of sexuality and lack information on emotional and rights-related aspects of sexuality. Through websites or social media children can also access scientifically inaccurate information, for example as regards contraception.
It is worth emphasising that sexuality education in schools comes as a complement to and not a replacement of what may be shared by parents at home. However, it cannot be left entirely to families. In what other field of science would we relinquish the education of our children to the Internet or families exclusively?
Comprehensive sexuality education is a powerful tool to combat violence, abuse and discrimination and to promote respect for diversity
The benefits of sexuality education, when comprehensive, go far beyond information on reproduction and health risks associated with sexuality.
Sexuality education is essential to prevent and combat sexual abuse against children, sexual violence and sexual exploitation. The Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (“the Lanzarote Convention”) requires from states that they “ensure that children, during primary and secondary education, receive information on the risks of sexual exploitation and sexual abuse, as well as on the means to protect themselves, adapted to their evolving capacity.” The Lanzarote Committee, in charge of monitoring the implementation of the Convention, stressed for example that the school environment was particularly appropriate to inform about the widespread problem of sexual abuse against children within the family framework or in their “circle of trust”.
The importance of sexuality education to prevent children from falling prey to sexual offenders online was highlighted during the period of confinement due to the COVID-19 pandemic. As stressed by the Lanzarote Committee, during this period, children became increasingly vulnerable to online grooming, sexual extorsion, cyber-bullying or other sexual exploitation facilitated by information and communication technologies. The Committee urged states to step up information on risks and on children’s rights online, as well as counselling and support services. In this context, I note with interest that in some countries, such as Estonia, sexuality education continued to be provided as part of online schooling.
Likewise, sexuality education is crucial to prevent gender-based violence and discrimination against women. It should therefore contribute to conveying, from the early stages of education, strong messages in favour of equality between women and men, promoting non-stereotyped gender roles, educating about mutual respect, consent to sexual relations, non-violent conflict resolution in interpersonal relationships and respect for personal integrity, as requested by the Istanbul Convention.
It is also an ideal context for raising awareness about the sexual and reproductive health and rights of women, including access to modern contraception and safe abortion. Research carried out in the European region under the auspices of the World Health Organisation (WHO) indicates that the teenage birth rate tends to be much higher in countries, such as Bulgaria and Georgia, where no mandatory comprehensive sexuality education programmes are in place. Early pregnancy is not only potentially very damaging for the health of teenage girls, but it also results in serious limitations to their educational opportunities.
Existing sexuality education curricula often tend to completely exclude LGBTI people and issues, or even to stigmatise them. Yet, LGBTI youth frequently face bullying at school and are at higher risk of committing self-harm or suicide because of societal rejection of their sexual orientation. Like all other children, they should be provided with comprehensive sexuality education that meets their needs. Therefore, sexuality education must include information that is relevant to them, scientifically accurate and age appropriate. This means helping children to understand sexual orientation and gender identity and dispelling common myths and stereotypes about LGBTI persons.
By providing factual, non-stigmatising information on sexual orientation and gender identity as one aspect of human development, comprehensive sexuality education can help save lives. It can contribute to combating homophobia and transphobia, at school and beyond, and to creating a safer and more inclusive learning environment for all.
Children and young people have the right to receive comprehensive sexuality education
International human rights bodies have established that children and young people have the right to receive comprehensive, accurate, scientifically sound and culturally sensitive sexuality education, based on existing international standards. These include the UN Convention on the Rights of the Child, the UN Convention on the Elimination of all Forms of Violence against Women, the International Covenant on Economic, Social and Cultural Rights and, at European level, the European Social Charter and the above-mentioned Lanzarote and Istanbul Conventions.
The right to receive comprehensive sexuality education derives from a range of protected rights, such as the right to live free from violence and discrimination, the right to the highest attainable standard of mental and physical health, but also the right to receive and impart information and the right to quality and inclusive education, including human rights education. In a 2010 report on sexuality education, the UN Special Rapporteur on the Right to Education stressed that “sexual education should be considered a right in itself and should be clearly linked with other rights in accordance with the principle of the interdependence and indivisibility of human rights.” The need for sexuality education is also acknowledged in the 2030 Agenda for Sustainable Development of the United Nations and is necessary to achieve several of the goals included in the agenda.
Key steps to improve the delivery of comprehensive sexuality education
Comprehensive sexuality education is part of a good quality education. Thus, it should be provided for by law, be mandatory and mainstreamed across the education system as of the early school years. It is of concern that, according to a 2018 survey, sexuality education was mandatory in only 11 out of the 22 Council of Europe member states reviewed.
Opponents to sexuality education often advocate for a right of parents to opt out on behalf of their children from mandatory sexuality education. However, international human rights standards on the right to freedom of religion or belief do not entitle parents to withdraw children from sexuality education classes where relevant information is conveyed in an objective and impartial manner, as also stressed in an Issue Paper on women’s sexual and reproductive health and rights published by my Office in 2017. Therefore, I was pleased to learn that in January 2020, the government of Wales removed the possibility for parents to prevent their children from attending classes as part of the curriculum on inclusive sexuality and relationships.
The curricula and teaching methods should be adapted to the different stages of development of children and take into account their evolving capacity. The 2018 UNESCO International Technical Guidance on Sexuality Education covers a range of age groups, from 5 to 8 years old up to 15-18+ years old. As highlighted in UNESCO’s Technical Guidance, it is essential for children to learn about sexuality and safer sex behaviours before they become sexually active, in order to be adequately prepared for healthy and consensual relationships. UNESCO also recommends using participatory and learner-centred approaches that allow children to develop critical thinking.
Information provided to children as part of sexuality education should be relevant and based on science and human rights standards. Sexuality education should not include value judgments or perpetuate prejudices and stereotypes. The European Committee on Social Rights stressed that “sexual and reproductive health education must be provided to school children without discrimination on any ground” and that it should not be used “as a tool for reinforcing demeaning stereotypes and perpetuating forms of prejudice which contribute to the social exclusion of historically marginalised groups and others that face embedded discrimination and other forms of social disadvantage which has the effect of denying their human dignity.” Curricula on sexuality education should also be regularly evaluated and revised, in order to ensure that they are accurate and meet existing needs.
It is essential to provide families with accurate information about what sexuality education really entails -and what it does not- and to explain the benefits for all, not only children. Clearly, if sexuality education is to be accepted and successfully implemented, it should take into account the communities’ and parents’ cultural and religious backgrounds. Therefore, schools should be supported to engage with them, including as appropriate with religious leaders, and to take their views into account as long as they do not contradict the very aims of sexuality education, the best interests of the child, or human rights standards.
It is important to consult and involve young people themselves, first and foremost, to ensure that the content of education that is provided to them is relevant and adapted to their needs. Peer learning can play an important role. For example, the Ukrainian Ministry of Education decided at the end of 2019 to introduce peer education training programmes on sexuality education and HIV prevention in schools, to be delivered by an international youth organisation.
Comprehensive sexuality education should also be provided to out-of-school children and youth. This is particularly relevant for children and young people with disabilities, many of whom, unfortunately, do not yet have access to mainstream education. Their sexuality tends to be ignored, or even perceived as harmful, and they are therefore often deprived of any access to adequate information on sexuality and relationships, despite their heightened vulnerability to sexual abuse and exploitation. Online sexuality education can be a useful tool for out-of-school children, provided they have access to safe and inclusive digital spaces.
Lastly, it is of crucial importance for teachers to receive adequate specialised training and support for teaching comprehensive sexuality education, irrespective of whether part of the teaching is also carried out by external actors. Integrating training on sexuality education in regular teacher training programmes, as has been done in Estonia and Finland, is an effective way of ensuring that all teachers are adequately prepared. The delivery of sexuality education by schools should also be closely and regularly monitored and evaluated.
With challenges and resistance to sexuality education increasing, what is most needed is strong political leadership to remind society that access to comprehensive sexuality education is a human right and that it is for the benefit of all. Sexuality education is about knowing one’s rights and respecting other people’s rights, about protecting one’s health, and about adopting a positive attitude towards sexuality and relationships. It is also about acquiring valuable life skills, such as self-confidence, critical thinking and the capacity to make informed decisions. There is obviously nothing wrong with this.
Dunja Mijatović
Useful references:
Commissioner for Human Rights, Issue Paper on women’s sexual and reproductive health and rights in Europe (2017)
Committee of the Parties to the Council of Europe Convention on the protection of children against sexual exploitation and sexual abuse (Lanzarote Committee), 2nd implementation report, Protection of children against sexual abuse in the circle of trust, 31 January 2018
UNESCO, International technical guidance on sexuality education, An evidence-informed approach, revised edition (2018)
UNESCO, Switched on: Sexuality education in the digital space, Technical Brief, 2020
World Health Organisation, Regional Office for Europe, Sexuality education in Europe and Central Asia: state of the art and recent developments. An overview of 25 countries (2018)
World Health Organisation, Regional Office for Europe and German Federal Centre for Health Education (BZgA), Standards in sexuality education, (2010)
UN Committee on the Rights of the Child: General Comment N. 20 (2016) on the implementation of the rights of the child during adolescence
Report of the United Nations Special Rapporteur on the right to education to the General Assembly, 2010