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An International Human Right: Sexuality Education for Adolescents in Schools

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An International Human Right: Sexuality Education for Adolescents in Schools An International Human Right: Sexuality Education for Adolescents in Schools Are governments obliged under international law to favor of ideologically driven programs and often provide sexuality education in schools? put forth medically inaccurate and biased informa- Yes. International human rights standards require tion about contraception, abortion, HIV/AIDS, and that governments guarantee the rights of adolescents sexual orientation.4 These programs often promote to health, life, education and non-discrimination by abstinence-only messages, discourage condom use, providing them comprehensive sexuality education and rely on gender stereotypes about sex, sexuality, in primary and secondary schools that is scientifi- and gender identity.5 In addition, studies show that cally accurate and objective, and free of prejudice such messages are largely ineffective in delaying and discrimination.1 sexual activity among youth.6 Absent alternative sources of information, these programs foster unsafe What does sexuality education have to do with sexual practices, undermine the use of contracep- international human rights? tion, and ultimately the health of individuals and Everything. Under international human rights the public at large. treaties, governments are bound to protect and ensure the rights to health, life, non-discrimination, What human rights law creates the obligation to education and information of its populations, par- provide sexuality education in schools? ticularly adolescents. These rights cannot be fully The fundamental rights of individuals to life, realized and enjoyed if adolescents lack sexuality health, non-discrimination, education and infor- education. A comprehensive understanding of mation, enshrined in international human rights sexual and reproductive health is imperative to treaties, support and establish obligations in inter- an individual’s ability to protect his or her health national law for states to provide sexuality education and make informed decisions about sexuality and in primary and secondary schools.7 reproduction. It follows that such information is vital to reducing adolescent pregnancies, unwanted Indeed, these rights are interpreted to require sexu- pregnancies and unsafe abortions,2 and preventing ality education in schools by U.N. treaty-monitoring the transmission and spread of sexually transmit- bodies that monitor state implementation of the ted infections (STIs) and HIV/AIDS among young International Covenant on Economic, Social people.3 Governments cannot effectively guarantee and Cultural Rights (ICESCR), the International these rights and address these major public health Covenant on Civil and Political Rights (ICCPR), concerns unless they ensure that individuals are the Convention on the Elimination of All Forms of armed with comprehensive, evidence-based, non- Discrimination Against Women (CEDAW), and the discriminatory sexual and reproductive health infor- Convention on the Rights of the Child (CRC). mation. These treaty-monitoring bodies make periodic observations and recommendations to each state Why is it so critical for human rights and global party about its compliance or lack of compliance public health that governments provide sexuality with a particular treaty. They also issue general education in schools? comments that elaborate on the content and scope Accurate and objective sexuality education in of the rights enshrined in the treaties. Both types schools is critical to advancing global public health of treaty-monitoring body statements serve as legal and promoting human rights. However, sexuality authorities that interpret the meaning of the treaty education is alarmingly inadequate or completely obligations of states parties and provide benchmarks lacking in many countries. Increasingly, sexual- for state compliance. ity education programs in schools are rejected in September 2008 • An International Human Right: Sexuality Education for Adolescents in Schools How has the international obligation to provide health must begin in primary school and continue sexuality education in schools emerged? through all levels of formal and non-formal educa- The statements of U.N. treaty-monitoring bodies estab- tion to be effective.16 lish an international obligation to provide sexuality • The Joint United Nations Programme on HIV/ education in schools. The treaty-monitoring bodies AIDS (UNAIDS) has concluded that the most have identified inadequate access to sexual and repro- effective approaches to sex education begin ductive health education as a barrier to state party with educating youth before the onset of compliance with the obligation to ensure the rights to sexual activity.17 life, health, non-discrimination, education and infor- mation and they frequently ask states parties to imple- • According to the World Health Organization ment sexuality education programs in schools.8 For (WHO), it is critical that sexuality education be example, the Human Rights Committee (which moni- started early because, in developing countries in tors the International Covenant on Civil and Political particular, girls in the first classes of secondary Rights (ICCPR)) has urged the removal of barriers to school face the greatest risk of the consequences 18 adolescents’ access to information about safe sexual of sexual activity. Beginning sexuality education practices, such as condom use.9 The Committees have in primary school also reaches students who are 19 also cited sexuality education as a means to ensur- unable to attend secondary school. ing the right to health because it contributes to the • Guidelines from the WHO Regional Office for reduction of the rates of maternal mortality, abortion, Europe specifically call on Member States to adolescent pregnancies, and HIV/AIDS.10 In addition, ensure that education on sexuality and reproduc- the Committee on the Rights of the Child (which tion is included in all secondary school curricula monitors the Convention on the Rights of the Child and is comprehensive.20 (CRC)) recognizes that the right to education requires • UNESCO’s EDUCAIDS, a framework for a the provision of information necessary to develop a comprehensive education sector response to HIV/ healthy lifestyle.11 AIDS, recommends, inter alia, that HIV/AIDS The Committees expressly recommend sexual and curricula in schools “begin early, before the onset reproductive health education be made a manda- of sexual activity;” “build knowledge and skills tory and robust component of all students’ schooling. to adopt protective behaviors and reduce vulner- For example, the Committee on the Elimination of abilities;” and “address stigma and discrimination, Discrimination Against Women urges states parties to gender inequality and other structural drivers of 21 make sexuality education compulsory and to provide the epidemic.” it “systematically” in schools,12 including vocational schools.13 The Committee on the Rights of the Child Are there international standards and guidelines on similarly recommends that states parties make sexuality the quality of information that sexuality education education part of the official curricula for primary and programs must provide? 14 secondary school and has expressed concern about Yes. U.N. Committees have set out general standards programs that allow parents to opt-out on behalf of that recommend that states ensure that sexuality edu- 15 their children. cation programs provide comprehensive information that is accurate and objective. To be accurate and In addition to treaty law, are there other international objective, the information must be evidence-based and authorities that support the obligation of governments must not be biased, ideologically motivated, or cen- to provide sexuality education in schools? sored. For example: Yes. The recommendations and statements of interna- tional organizations and global consensus documents • The Human Rights Committee linked the among states also support the obligation to provide obligation to provide accurate and objective sexuality education in schools, and in some cases pro- sexuality education to the right to life under the vide greater guidance on the content of the obligation. ICCPR when it asked Poland to “ensure that For example: schools include accurate and objective sexuality education in their curricula.”22 • The International Conference on Population and • The Economic, Social and Cultural Rights Development (ICPD) Programme of Action recog- Committee and the Committee on the Rights nizes that education about sexual and reproductive of the Child find that the rights to health and information require that states refrain from “cen- traditional practices, such as female genital mutilation, soring, withholding or intentionally misrepresent- honor killings and early marriage.33 In addition, accord- ing health-related information, including sexuality ing to the Committee on Economic, Social, and Cultural education and information.”23 Rights, sexuality education curricula must “adapt to the • The Committee on the Rights of the Child has needs of changing societies and communities and respond concluded that the rights to health and information to the needs of students within their diverse social and cul- 34 require states to provide children with adequate, tural settings.” appropriate and timely HIV/AIDS and sexual International organizations provide further guidance and health information. In addition, “consistent with support on the topics necessary for sexuality education their obligations to ensure the
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