A/65/162
37. Article 14 (1) (g) of the Protocol on the Rights of Women in Africa establishes
the right to family planning education and in article 14 (2) (a), the Protocol
establishes the obligation of States to provide adequate, affordable and accessible
health services, including information, education and communication programmes
for women, especially those in rural areas.
C.
Other international standards and initiatives of relevance to the
human right to comprehensive sexual education
38. The right to comprehensive sexual education is also confirmed by
recommendations and declarations of international bodies, as well as by documents
reflecting the global consensus among States. 35 For example, the Programme of
Action adopted by the International Conference on Population and Development
recognizes that sexual and reproductive health education must begin in primary
school and continue through all levels of formal and non-formal education.3 The
Joint United Nations Programme on HIV/AIDS (UNAIDS) has found that sexual
education is more effective if given prior to first intercourse. 36 The World Health
Organization (WHO) believes that it is crucial for sexual education to start early,
especially in developing countries. 37 The Organization has also provided specific
guidance on how to incorporate sexual education into school curricula and
recommends that sexual education should constitute a separate subject, rather than
being incorporated into other subjects. 38 In addition, comprehensive sexual
education is a basic tool for achieving many of the Millennium Development Goals
(MDGs), such as promoting gender equality and empowering women (Goal 3),
reducing child mortality (Goal 4), improving maternal health (Goal 5) and
combating HIV/AIDS (Goal 6).
39. The European Committee of Social Rights set important standards on the right
to sexual education in a landmark decision. 39 The Committee decided that States
parties to the European Social Charter were required to provide sexual education to
young people on a scientific and non-discriminatory basis without censoring,
withholding or intentionally misrepresenting information, for example as regards
contraception. The Committee recommended that such education should be provided
throughout the entire period of schooling and stated that education in sexual and
reproductive health should be designed to develop the capacity of children and
young people to understand their sexuality in its biological and cultural dimensions,
which would enable them to take responsible decisions with regard to sexual and
reproductive health behaviour. In its decision, the Committee expressed the view
__________________
35
36
37
38
39
10-46213
World Health Organization, Family Life, Reproductive Health, and Population Education, Key
Elements of a Health-Promoting School, Information Series on School Health; Joint United
Nations Programme on HIV/AIDS (UNAIDS), Intensifying HIV Prevention, UNAIDS Policy
Position Paper 33 (2005); Cairo Programme of Action, para. 7.5 (a).
UNAIDS, Impact of HIV and sexual health education on the sexual behaviour of young people,
a review update, 2007.
See World Health Organization, Adolescent Pregnancy Report, 2004.
See World Health Organization, Family Life, Reproductive Health, and Population Education,
Key Elements of a Health-Promoting School, Information Series on School Health.
European Committee of Social Rights, International Center for the Legal Protection of Human
Rights (INTERIGHTS) v. Croatia, Complaint No. 45/2007.
11
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