Memorandum submitted by Stonewall
(6) Mandatory sex and relationships education
INTRODUCTION
1. This paper contains Stonewall's submission
to the Joint Committee on Human Rights on priority area (6) Mandatory
sex and relationships education.
2. Stonewall is a national organisation
that has campaigned for equality for the 3.6 million lesbian,
gay and bisexual people across Britain since 1989.
3. Stonewall welcomes the Committee's decision
to investigate into different aspects of the Children, Schools
and Families Bill and is grateful for the opportunity to contribute
to this inquiry.
4. Stonewall recognises the importance of
inclusive high quality sex and relationship education for young
people. As a member of the Sex Education Forum (SEF) we fully
support the government's proposals to make PSHE statutory and
the proposed changes to the curriculum as spelled out in the Children,
Schools and Families Bill.
5. Three research reports by Stonewall provide
statistical evidence for this response. The School Report
(Stonewall 2007) is based on the accounts of over 1,000 lesbian,
gay and bisexual young people and their experiences at school.
The Teachers' Report (Stonewall 2009) captures the perspective
on homophobic bullying of over 2,000 primary and secondary
teachers and other school staff. Prescription for Change
(Stonewall 2008) is based on over 6,000 responses of lesbian
and bisexual women on questions around their health needs and
experiences.
THE ISSUE
— The Children, Schools and Families Bill
provides for mandatory sex and relationships education (SRE) with
a parental right to opt out their child if they are under the
age of 15.
— There are no current figures available
on the number of children who are being withdrawn from SRE in
the UK. The numbers are likely to differ considerably between
schools depending on the communities they serve.
— The Children, School and Families Bill
includes a duty for the governing body and head teacher, in any
school where Personal, Social, Health and Economic education (PSHE)
is provided, to comply with the three principles set forth in
11 (5) to (7) in the Bill, including the requirement that
PSHE be taught in a way that "endeavours to promote equality,
encourages acceptance of diversity and emphasises the importance
of rights and responsibilities" 11(7).
— The implementation of this requirement
in schools might lead more parents to make use of their right
to withdraw their child from any SRE part of PSHE, especially
if they do not agree with their child receiving information taught
in that way and especially in ways with regard to the third principle
11(7).
— This development would impact negatively
on the rights of young people in two ways:
(1)The greater the number of young people who are
being withdrawn from SRE in any one school or class and the greater
therefore the number of pupils who do not receive SRE taught in
a way that reflects all three principles, the higher the likeliness
that there will be increased levels of homophobic bullying compared
to schools/classes where few or no students are withdrawn.
— 65% of lesbian, gay and bisexual (LGB)
young people say they have experienced homophobic bullying in
school. (Stonewall, The School Report, 2007)
— Not only LGB pupils experience homophobic
bullying but anyone perceived as different. Secondary teachers
identified homophobic bullying as the most common form of homophobic
bullying after bullying because of weight. (Stonewall, The
Teachers' Report, 2009)
— Seven in ten lesbian, gay and bisexual
pupils report never having been taught about lesbian and gay people
or seen lesbian and gay issues addressed in class. (Stonewall,
The School Report, 2007)
— Those lesbian, gay and bisexual young
people who have been taught about gay issues are 13% less likely
to experience homophobic bullying. They are also more than twice
as likely to enjoy going to school and more than two and a half
times more happy. (Stonewall, The School Report, 2007)
(2)Lesbian, gay or bisexual pupils whose parents
make use of their right of withdrawal would be denied information
on sexual health issues and on healthy relationships including
same-sex relationships, information necessary in order for them
to be able to make safe choices and to stay physically and mentally
healthy. The experiences of adult lesbian and bisexual women today
may be regarded as indicators for inadequate provision of inclusive
SRE in recent years.
— Less than half of lesbian and bisexual
women have ever been screened for sexually transmitted infections.
(Stonewall, Prescription for Change, 2008)
— One in four lesbian and bisexual women
has experienced domestic violence, the same as women in general.
(Stonewall, Prescription for Change, 2008)
— 15% of lesbian and bisexual women over
the age of 25 have never had a cervical smear test, compared
to 7% of women in general. (Stonewall, Prescription for Change,
2008)
— One in five lesbian and bisexual women
who have not had a test have been told they are not at risk. (Stonewall,
Prescription for Change, 2008)
— Over half of lesbian and bisexual women
have ever been for a sexual health check up. Three quarters of
those who have not been tested "don't think I'm at risk".
(Stonewall, Prescription for Change, 2008)
— Half of all lesbian and bisexual women
under the age of 20 have self harmed and 16% have attempted
to take their life. (Stonewall, Prescription for Change,
2008)
Selection of Relevant Law
We feel that the following list of international
law may be helpful to the Joint Committee on Human Rights.
CONVENTION ON
THE RIGHTS
OF THE
CHILD (ENTERED
INTO FORCE
2 SEPTEMBER 1990)
— As a signatory to the UNCRC the UK recognises
the right of children to
— the "enjoyment of the highest attainable
standard of health" (Art. 24).
— The CRC furthermore requires
— "State Parties to undertake to protect
the child from all forms of sexual exploitation and sexual abuse"
(Art. 34).
— "take measures to ensure regular
attendance at schools and the reduction of drop-out rates"
(Art.28e).
— "respect the rights and duties of
the parents and, when applicable, legal guardians, to provide
direction to the child in the exercise of his or her right in
a manner consistent with the evolving capacities of the child"
(Art. 14.2)
— Furthermore education shall be directed
to
— "The development of the child's
personality, talents and mental and physical abilities to the
fullest potential" (Art. 29.1(a))
— "The development of respect for
the child's parents, his or her own cultural identity, language
and values, for the national values of the country in which the
child is living in, the country from which he or she may originate,
and for civilizations different from his or her own" (Art.
29.1(c)).
— "The preparation of the child for
responsible life in a free society, in the spirit of understanding,
peace, tolerance […] (Art. 29.1(d))
— "to the child who is capable of
forming his or her own views the right to express those views
freely in all matters affecting the child, the views of the child
being given due weight in accordance with the age and maturity
of the child" (Art. 12.1).
UNITED NATIONS
COMMITTEE ON
THE RIGHTS
OF THE
CHILD CRC/GC/2003/4, 1 JULY
2003. GENERAL COMMENT
4
— "Adolescents have the right to adequate
information essential for their health and development […]
It is the obligation of States parties to ensure that all adolescent
girls in boys […] are provided with, and not denied, accurate
and appropriate information on how to protect their health and
development and practice healthy behaviours. This should include
information on […] safe and respectful social and sexual
behaviours […]". (CRC/GC/2003/4, para 26)
EUROPEAN CONVENTION
ON HUMAN
RIGHTS (ECHR), ROME
4 NOVEMBER 1950
— Art. 8 Right to respect for private
and family life
— Art. 9 Freedom of thought, conscience
and religion
— Art. 10 Freedom of expression
EUROPEAN COMMITTEE
OF SOCIAL
RIGHTS 30 MARCH
2009 INTERNATIONAL CENTRE
FOR THE
LEGAL PROTECTION
OF HUMAN
RIGHTS (INTERIGHTS) V.
CROATIA.
— The Committee states that "sexual
and reproductive health education as a process aimed at developing
the capacity of children and young people to understand their
sexuality in its biological, psychological, socio-cultural and
reproductive dimensions which will enable them to make responsible
decisions with regard to sexual and reproductive health behaviour"
(46.).
— It furthermore considers that States
must ensure "that the form and substance of the education,
including curricula and teaching methods, are relevant, culturally
appropriate and of sufficient quality, in particular that it is
objective, based on contemporary scientific evidence and does
not involve censoring, withholding or intentionally misrepresenting
information, for example as regards contraception and different
means of maintaining sexual and reproductive health" (47.)
— And the Committee emphasizes "that
the obligation under Article 11§2 as defined above does
not in it is view affect the rights of parents to enlighten and
advise their children, to exercise with regard to their children
natural parental functions as educators, or to guide their children
on a path in line with the parents own religious or philosophical
convictions (see European Court of Human Rights, Case of Kjeldsen,
Busk Madsen and Pedersen v. Denmark, Judgment of 7 December
1976)." (50.)
YOUNG PEOPLE'S
VOICES
Commissioned by the DCSF and in cooperation
with the UK Youth Parliament , the Sex Education Forum carried
out a Young People's Survey. Based on the responses of 1,709 young
people it found that
— Of those young people who identified
as lesbian and gay, 56 and 55% respectively reported SRE
was bad or very bad compared to 34% of all respondents.
— 52% thought that the 'different types
of relationships and families' should be taught between the ages
of 5 and 10.
PARENTS' VIEWS
In October 2009 quantitative and qualitative
research on SRE was commissioned by the DCSF. This research found
a wide spectrum of opinion amongst parents on SRE. (press release
DCSF 5 November 2009)
— 82% of parents said they supported the
principle that all children should receive SRE;
— 20% of parents said there should be no
right of withdrawal, 33% of parents said the right should end
at age 11, 9% said it should end at age 14 and 7% at the
age of 16.
CONCLUSION
— Taking into consideration the findings
of the Stonewall reports cited above as well as the UK's legal
obligations under international Human Rights law in particular
those related to health, education, due weight to children's own
views and parents' rights, Stonewall
— welcomes the three principles set out
in the Bill;
— believes that the principles in themselves
contribute to the balancing of rights;
— believes the right of parents to respect
their religious and philosophical convictions in the education
of their children (Article 2 Protocol 1) are balanced adequately
against the rights of the child to education, to receive information
important to their health and to their own freedom of thought,
conscience and religion and to have their views given due weight;
— is convinced that the parental right
to opt out their child if they are under the age of 15 should
under no circumstances be increased to extend to children over
the age of 15 as this would seriously infringe on the child's
rights, and particularly on the rights of lesbian, gay and bisexual
young people.
January 2010
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