Why Not CSE? The Legal Grounds

During SDG Negotiations, the African Group made reservations on Goal 3: “With regard to information and education in the context of sexual and reproductive health services, as referred to under Goal 3 … the African Group does not think that comprehensive sexual education should be included as part of it. First and foremost, parents have the right to choose the type of education to give to their children—a right enshrined in the Universal Declaration of Human Rights, which must be respected.” 

 

There are  15 Harmful Elements typically found in Comprehensive Sexuality Education (CSE) curricula viz Promote Homosexuality, Abortion, Undermines Parental Rights, Cultural and Religious among others.

 

CSE violates Parental Rights, Cultural and religious values as enshrined in the International Covenant on Economic, Social and Cultural Rights (Article 13 (3)) The States Parties to … undertake to have respect for the liberty of parents and…. to ensure the religious and moral education of their children in conformity with their own convictions; the International Covenant on Civil and Political Rights (Article 18 (4)) The States Parties to … undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions, the Convention on the Rights of the Child (Article 14 (1)) States Parties shall respect the right of the child to freedom of thought, conscience and religion, (Article 14 (2)) States Parties shall 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. (Article 29 (1)(c)) The development of respect for the child's parents, his or her own cultural identity, language and values. 

CSE promotes Abortion contrary to the Convention on the Right of the Child (Preamble para 9) ‘‘Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth", Article 6 (1) States Parties recognize that every child has the inherent right to life. Article 6 (2) States Parties shall ensure to the maximum extent possible the survival and development of the child; African Charter on the Rights and Welfare of the Child (Article 5(1)) Every child has an inherent right to life. This right shall be protected by law; the International Covenant on Civil and Political Rights (Article (6) 1). Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

 

Why Not CSE? What Research Shows

A recently published study by The Institute for Research & Evaluation (IRE) reviewed 120 of the strongest, most up-to-date impact studies of school-based sex education worldwide. The 120 studies spanning 30 years of research were vetted for adequate scientific quality by UNESCO, CDC, HHS to insure a credible database.

The IRE review found that When measured by credible criteria derived from the science of prevention research: Comprehensive Sex Education shows little evidence of effectiveness in schools worldwide. In contrast 7 out of 17 studies of Abstinence Education (AE) in the U.S show effectiveness. Globally, there appears to be more evidence of harmful CSE impact than CSE effectiveness for programs in schools.

There is Significant evidence of harm by CSE in school classrooms (U.S & Non-U.S combined. 16 out of 103 CSE studies globally found increased sexual risk behavior, pregnancy, or STDs for teenage program participants. The evidence of harm was highest for CSE in African schools, nearly 1 in 4 studies.

Some CSE studies may yet emerge showing positive results, but they would need to be vetted for scientific rigor and their results would need to meet credible criteria for program effectiveness. Moreover, it would take many such studies to reverse the pattern of poor CSE results. 

This discrepancy may occur because many reviews of CSE research use questionable criteria for effectiveness to define program success. Then they claim there is evidence of CSE success, based on these questionable criteria. Many CSE Review use Short-term results (lasting only 3 months), a different criterion for CSE & AE are used: e.g a 3-month follow-up interval for CSE and 3 years for AE, No impact on the target population, only on a sub-group of the targeted population (e.g only on boys) among others.

The 2019 Global CSE Report revealed 87% school-based CSE failure rate worldwide, 89% CSE failure rate in Africa and Many CSE programs increased sexual risks (24% in Africa)

Using criteria from the field of prevention research, No evidence showed that school-based CSE prevents teen pregnancy or STDs, No evidence showed that CSE increases abstinence, and Too many CSE programs increased sexual risk taking.

When measured by credible criteria derived from the field of prevention research, a database containing 103 of the strongest and most recent CSE studies, vetted for research quality by three reputed scientific agencies (UNESCO, CDC and HHS) showed little evidence of CSE effectiveness in school settings and a concerning number of negative effects. 

Three decades of research indicate that CSE has not been an effective public health strategy in classrooms around the world and that too many programs may be doing harm. 

Given the threat posed by STDs, HIV, and pregnancy to the health and well-being of young people worldwide, the compelling lack of evidence of effectiveness for school-based Comprehensive Sex Education after three decades of research, and a concerning rate of harmful impact, policymakers should abandon plans for the global dissemination of CSE.

More:

1. The Failure of Comprehensive Sexuality Education (CSE) and the Case for Abstinence Education What the Research Shows 
2. The Failures of Comprehensive Sexuality Education: Evidence from Research Findings

Why Not CSE? The 15 Harmful Elements

 Family Watch International, an ECOSOC Accredited Organisation with consultative status at the UN, developed an Evaluation Tool to analyze and found out that there are 15 Harmful Elements typically found in Comprehensive Sexuality Education (CSE) curricula.

1. Sexualizes Children. Normalizes child sex or desensitizes children to sexual things. May give examples of children having sex or imply many of their peers are sexually active.

 2. Teaches Children to Consent to Sex. May teach children how to negotiate sexual encounters or how to ask for or get “consent” from other children to engage in sexual acts with them.

3. Normalizes Anal & Oral Sex. Normalizes the high-risk sexual behaviors and may omit vital medical facts, such as the extremely high STI infection rates and the oral and anal cancer rates of these high-risk sex acts.

4. Promotes Homosexual / Bisexual Behavior. Normalizes or promotes acceptance or exploration of diverse sexual orientations, sometimes in violation of state education laws.

5. Promotes Sexual Pleasure. Teaches children they are entitled to or have a “right” to sexual pleasure or encourages children to seek out sexual pleasure.

6. Promotes Solo and/or Mutual Masturbation. Encourages masturbation at young ages, which may make children more vulnerable to pornography use, sexual addictions or sexual exploitation. May instruct children on how to masturbate. May also encourage children to engage in mutual masturbation.

7. Promotes Condom Use in Inappropriate Ways. May inappropriately eroticize condom or use sexually explicit methods to promote condom use to children. May imply that condoms will provide complete protection against pregnancy or STIs.

8. Promotes Early Sexual Autonomy. Teaches children they can choose to have sex when they feel they are ready or when they find a trusted partner.

9. Fails to Establish Abstinence as The Expected Standard. Fails to establish abstinence as the expected standard for all school-age children. May mention abstinence only in passing. May teach children that all sexual activity—other than “unprotected” vaginal and oral sex—is acceptable, and even healthy. May present abstinence and “protected” sex as equally good options for children.

10. Promotes Transgender Ideology. Promotes affirmation of and/or exploration of diverse gender identities. May teach children they can change their gender or identify as multiple genders

11. Promotes Contraception / Abortion to Children. Presents abortion as a safe or positive option while omitting data on the many potential negative physical and mental health consequences. May encourage the use of contraceptives, while failing to present failure rates or side effects.

12. Promotes Peer-To-Peer Sex Ed or Sexual Rights Advocacy. May train children to teach other children about sex or sexual pleasure, through peer-to-peer initiatives. May recruit children as spokespeople to advocate for controversial sexual rights or to promote abortion.

13. Undermines Traditional Values and Beliefs. May encourage children to question their parents’ beliefs or their cultural or religious values regarding early sex, sexual orientation or gender identity.

14. Undermines Parents or Parental Rights. May instruct children they have rights to confidentiality and privacy from their parents. May teach children about accessing sexual commodities or services, including abortion, without parental consent.

15. Refers Children to Harmful Resources. Refers children to harmful websites, materials or outside entities. May also specifically refer children to Planned Parenthood or their affiliates or partners for their lucrative services or commodities.

Having even one of these elements should be reason enough to disqualify a program from being taught to children. A program containing several of these elements should be banned from use in any school or community setting

More:

1. The War on Children
2.  Comprehensive Sexuality Education EXPOSED: The Facts and Harmful Elements - Part 3/

Why Uganda should reject the EAC SRH Bill 2021

National Consultations were undertaken at the end of 2021 in the different East African Community States and Public Hearings in the last week of June 2022 on the EAC SRH Bill,2021. In August 2016, the Parliament of Uganda banned the teaching, training, conduct and dissemination of comprehensive sexuality education materials to all schools in Uganda due to its Harmful Elements.  Albeit, the East African Community Sexual and Reproductive Health (EAC SRH) Bill, by Hon. Kennedy Mukulia Ayason is to be debated at the EALA, the said bill is an Introduction of the banned Comprehensive Sexuality Education at regional Level.

Contrary to Article 22 of the Constitution of the Republic of Uganda 1995, the Bill in clauses 2 (d), 6 (3) (n), 16, 17 (1), 17 (2), 17 (3), 18 (1) seeks to legalize Abortion.  Life Begins at Conception and ends with natural death. The child, by reason of his physical and mental immaturity needs appropriate legal protection before as well as after birth. Therefore, no legislation should promote any form of termination of life but rather seek to ensure the sanctity of Life.

The Bill, in clauses 6 (3) (b) , 6 (3) (h), 7 (1) , 7 (2) , 8,  9 (6) (a), 9(6)(d) Seeks to Legalize Comprehensive Sexuality Education, which according to stopCSE.org, has  Harmful Concepts such as teaching  children to masturbate, acceptance and exploration of diverse sexual orientations and gender identities, high risk sexual behaviors (including anal and oral sex),  sexual pleasure and promiscuity as a right for children,  promotes  abortion as safe and without consequences,   encourages children to experiment sexually with individuals of their own sex or the opposite sex, promotes condoms to children without informing them of their failure rates,   promotes disrespect for parents and religious and cultural values among others.

 

More so the Bill, in clauses 2 (a), 2 (b), 6 (1), 6 (2), 6 (3) (a), 6 (3) (i), 6 (3) (o), 9 (1), 9 (2), 9 (5) 10, 11 (1), 11 (2), 15 (1), 15 (2) (a), 27 (1), 27 (2), 28 (1), 28 (3), seeks to legalize Sexual and Reproductive Health, which according to (WHO, 2015) Sexual Health, Human Rights and the Law ,  has proved to be a trojan horse for Abortion, Homosexuality, Prostitution.

These concepts for Instance Homosexuality promoted by Comprehensive Sexuality Education and Sexual and Reproductive Health are not only contrary to our cultural and religious values but also to articles 31 (1) and 31 (3) of the Constitution of the Republic of Uganda 1995.

 

For the sake of our Children, we need to disregard and reject the contents of this Bill in total and appeal to the East African Legislative Assembly (EALA) not to let the bill be enacted in law.

More:

The War on Children

The SRH Agenda

Problematic Terms in Uganda’s NDP III & Recommended Action

 

No.	Problematic Terms	Recommended Action
1.	6. Increase access to Sexual Reproductive Health (SRH) and Rights[1] with special focus on family planning services and harmonised information Pg 175	6. Increase access to Sexual Reproductive Health (SRH) and Rights with special focus on family planning services and harmonised information quality, affordable and accessible health care for women Pg 175
2.	9. Provide a framework for gender[2] mainstreaming, equity and human rights and eradication of child labour in the mining industry Pg 84	9. Provide a framework for gender mainstreaming equal opportunities for women and girls, equity and human rights and eradication of child labour in the mining industry Pg 84
3.	184 With careful planning and implementation, the oil and gas industry has the opportunity to contribute across all development indicators, either by enhancing its positive contributions or by avoiding or mitigating negative impacts to ensure that “no one is left behind”. …. the challenges that all development agendas seek to address, mainly climate change and environmental degradation, population displacement, economic and social inequality, armed conflicts, gender-based violence[3], tax evasion and corruption, increased risk of certain health problems, and the violation of human rights... Pg 88	184 With careful planning and implementation, the oil and gas industry has the opportunity to contribute across all development indicators, either by enhancing its positive contributions or by avoiding or mitigating negative impacts to ensure that “no one is left behind”. …. the challenges that all development agendas seek to address, mainly climate change and environmental degradation, population displacement, economic and social inequality, armed conflicts, gender-based violence against women, tax evasion and corruption, increased risk of certain health problems, and the violation of human rights... Pg 88
4.	e. Establish functional gender sensitive regional and zonal management committee for water resources; Pg 110	e. Establish functional gender sensitive effective regional and zonal management committee for water resources that take into account the different needs of women/girls; Pg 110
5.	b. Build gender response capacity in climate change monitoring and evaluation through integration in local government performance assessment and national monitoring frameworks; Pg 113	b. Build gender response capacity in climate change monitoring and evaluation systems that ensure equal access to resources for women through integration in local government performance assessment and national monitoring frameworks; Pg 113
6.	5) To reduce vulnerability and gender inequality along the lifecycle; and Pg 172	5) To reduce vulnerability and gender inequality between women and men along the lifecycle; and Pg 172
7.	Objective 5: Reduce vulnerability and gender inequality along the lifecycle Pg 176	Objective 5: Reduce vulnerability and gender inequality between women and men along the lifecycle Pg 176
8.	6. Scale up Gender Based Violence (GBV) prevention and response interventions at all levels Pg 176	6. Scale up Gender Based Violence against women (GBV) prevention and response interventions at all levels Pg 176
9.	7. Support Gender equality and Equity Responsive Budgeting in all Sectors and Local Governments Pg 176	7. Support Gender equality between women and men and Equity Responsive Budgeting in all Sectors and Local Governments Pg 176
10.	8. Implement a National Male Involvement Strategies in promotion of gender equality Pg 176	8. Implement a National Male Involvement Strategies in promotion of gender equality between women and men Pg 176
11.	(ix) Reduction in prevalence of negative social norms and cultural practices that perpetuate gender inequality Pg 186	(ix) Reduction in prevalence of negative social norms and cultural practices that perpetuate gender inequality between women and men Pg 186
12.	416 There are several behavioural barriers to adoption of positive mind sets cushioned by long years of social conditioning. … High rates of child marriages, teenage pregnancies, gender-based violence, female genital mutilation (FGM), and child sacrifice are manifestation of a failing social safety net Pg 187	416 There are several behavioural barriers to adoption of positive mind sets cushioned by long years of social conditioning. … High rates of child marriages, teenage pregnancies, gender-based violence against women and girls, female genital mutilation (FGM), and child sacrifice are manifestation of a failing social safety net Pg 187
13.	418 Participation of cultural and religious institutions in community development programmes has not been institutionalized. .., some cultures still practise negative cultural behaviours such as child sacrifice, child marriages, FGM, gender-based violence (GBV) and limited use of indigenous knowledge to support creative industries Pg 188	418 Participation of cultural and religious institutions in community development programmes has not been institutionalized. .., some cultures still practise negative cultural behaviours such as child sacrifice, child marriages, FGM, gender-based violence against women and girls (GBV) and limited use of indigenous knowledge to support creative industries Pg 188
14.	364 However, Uganda’s human capital is characterised by low labour productivity (38 percent), low human development (HDI at 0.516) and fewer STEI graduates (2 out of 5 are STEI graduates). This is mainly attributed to: (i) weak foundation for human capital; … limited information[4] on Sexual and Reproductive Health (SRH); … (ix) gender and other inequalities... Pg 165	364 However, Uganda’s human capital is characterised by low labour productivity (38 percent), low human development (HDI at 0.516) and fewer STEI graduates (2 out of 5 are STEI graduates). This is mainly attributed to: (i) weak foundation for human capital; … limited information on Sexual and Reproductive Optimal Health (SRH); … (ix) gender and other inequalities against women and girls... Pg 165
15.	from the lowest wealth quintile compared to 15 percent from the highest quintile; HIV prevalence increases rapidly with age in this age group, most especially among adolescent girls where it increases from 0.5 percent at 15 years to 5.1 percent by 20 years; … low access to sexual and reproductive health information and services; … and gender related exclusions from socio-economic opportunities, contravening the leave no one behind agenda. . Pg 170	from the lowest wealth quintile compared to 15 percent from the highest quintile; HIV prevalence increases rapidly with age in this age group, most especially among adolescent girls where it increases from 0.5 percent at 15 years to 5.1 percent by 20 years; … low access to sexual and reproductive health information and services vital health; … and gender related exclusions from socio-economic opportunities based on one’s sex. . Pg 170
16.	Gender[5]	Replace “gender” with “sex” Define gender as male and female

 

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[1] Sexual and Reproductive Health, which according to (WHO, 2015) Sexual Health, Human Rights and the Law ,  has proved to be a trojan horse for Abortion, Homosexuality, Prostitution among others. See  Sexual & Reproductive Health (SRH) , Sexual and Reproductive Health and Rights (SRHR)

[2] How “Gender” Terms are Often Used or Interpreted:

“gender analysis” = LGBT analysis

“gender-sensitive” = LGBT-sensitive

“gender-based violence” = LGBT-based violence

“based on gender” = based on LGBT status

“gender-sensitive schools” = LGBT-sensitive schools

 

[3] “Gender-based violence” has been defined to encompass denial of abortion and violence against LGBT people e.g In General Comment 35 on gender-based violence, the CEDAW Committee declared the “criminalization of abortion” to be a form of “gender-based violence that, depending on the circumstances, may amount to torture or cruel, inhuman or degrading treatment.”( Committee on the Elimination of Discrimination against Women. (2017). General recommendation No. 35 on gender based violence against women, updating general recommendation No. 19. CEDAW/C/GC/35.)

 

[4] This is a useful euphemism for, Comprehensive Sexuality Education, which according to stopCSE.org, has  Harmful Concepts such as teaching  children to masturbate, homosexuality ,  abortion,    condoms to children,    disrespect for parents and religious and cultural values among others. See details here The War on Children

 

[5] The term “gender” was once used exclusively to describe biological sex (male and female) but is increasingly being used in UN documents to mainstream multiple controversial genders, such as transgender, bigender, pangender and evolved to encompass over 80-100Genders. See the Master List of Gender Diversities.  (Facebook recognizes over 50 genders.)