A/65/162
that States were required to ensure that sexual education programmes did not
reinforce stereotypes or perpetuate prejudices regarding sexual orientation.
40. States are required to provide comprehensive sexual education to their people,
especially children and adolescents, in compliance with the standards of availability,
accessibility, acceptability and adaptability established by the Committee on
Economic, Social and Cultural Rights as regards the right to education. 40 This is a
State obligation of due diligence since, under international law, States must show
that they have taken all the measures of a preventive nature that are necessary to
fulfil their obligations to guarantee the right to health, life, non-discrimination,
education and information by eliminating barriers preventing access to sexual and
reproductive health and by providing in schools and other educational facilities
comprehensive education for sexuality giving precise, objective and unbiased
information. 41 The Declaration “Preventing through education”, 42 signed by the
Ministers of Health and Education of Latin America and the Caribbean in 2008, is a
good example of recognition of States’ obligation of due diligence in this regard.
41. Article 23 of the Ibero-American Convention on the Rights of Young People
establishes the right to sexual education:
1.
The States Parties recognize that the right to education also includes the
right to sexual education as a source of personal development, effectiveness
and communicative expression, as well as information on reproduction and its
consequences;
2.
Sexual education shall be provided at all levels of education and shall
promote responsible conduct in the exercise of sexuality, aimed at its full
acceptance and identity and at the prevention of sexually transmitted diseases,
HIV/AIDS, unwanted pregnancies and sexual abuse or violence;
3.
The States Parties recognize the important function and responsibility of
the family in the sexual education of young people;
4.
The States Parties shall adopt and implement sexual education policies,
establishing plans and programmes ensuring information and the full and
responsible exercise of this right. 43
III. Situation of the right to comprehensive sexual education
from the viewpoint of State responsibility
A.
Trends observed by region and by country
42. In Latin America and the Caribbean, only three countries have a high level of
specific legislation on sexual education in schools. Most countries (11 cases) have
an intermediate level; others have a low level (3 cases) or a zero level (9 cases). 44
__________________
40
41
42
43
44
12
See document E/C.12/1999/10, para. 6.
See document E/CN.4/2006/61, paras. 32 and 80.
Http://data.unaids.org/pub/BaseDocument/2008/20080801_minsterdeclaration_en.pdf.
Http://oij.org.
United Nations Population Fund, United Nations Educational, Scientific and Cultural
Organization, Sexual education for the prevention of HIV in Latin America and the Caribbean: a
regional evaluation. Mexico, National Public Health Institute, 2008.
10-46213
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents