Lessons in Love: Comprehensive Sexuality Education as a Human Right [Article]

Abstract

International and regional human rights jurisprudence has increasingly recognized the right of children and adolescents to receive comprehensive sexuality education. This education consists of a holistic approach to sexual health and wellness. It provides children and adolescents with the tools required to make healthy and informed life choices, develop respectful social and sexual relationships, and understand and ensure the protection of human rights. The right to comprehensive sexuality education is closely linked to fundamental rights such as freedom from discrimination; freedom from arbitrary interference with privacy, family, and home life; the right to free development of personality; the right to the highest attainable standard of physical and mental health; and of course, the right to education. This article will argue that comprehensive sexuality education is a human right recognized under international law, and as such should be introduced as a mandatory component of educational curricula for children and adolescents. It will first explain what comprehensive sexuality education is, the benefits it provides, and why common arguments against this education are insufficient for rejecting its implementation. Second, this article will discuss the legal foundation for the recognition of the right to comprehensive sexuality education as established in the International Covenant on Economic, Social and Cultural Rights; the Convention on the Rights of the Child; and the Convention on the Elimination of All Forms of Discrimination Against Women. Select General Comments/Recommendations and Observations from the monitoring bodies of these treaties are included to demonstrate the path towards recognition of this right and its current status. Additionally, recent groundbreaking case law from regional human rights systems illustrates how the theoretical legal bases for comprehensive sexuality education have already been applied in practice to make this right a reality. Third, this article will provide guidance on how comprehensive sexuality education can best be implemented in schools and informal educational curricula.