I. Introduction

Comprehensive sexual and reproductive health education for young people is alarmingly inadequate or completely lacking in many countries across the globe. Where information is provided, it is often of the most elementary sort – a few hours of lecture on the biological aspects of reproduction as part of a broader subject, for example – or presented by teachers with no specialized training in the subject matter or effective teaching methodologies. Even more worrying are biased and ideologically-driven sexuality education programs, which are proliferating in classrooms in every region of the world, often in contexts where youth have no good alternative sources of information in schools or elsewhere. Generally speaking, these types of programs – abstinence-only programs among them – are characterized by several problematic features, including medically inaccurate and biased information about contraception, abortion and AIDS; and messages that discourage the use of condoms, use fear and shame to motivate abstinence outside of marriage, and promote gender stereotypes as fact.

II. Opinion on Grozd Program

Based on the attached information available on the Grodz program, we find that the program in fact violates international human rights legal and policy standards to which Croatia is committed. (For applicable international human rights and policy standards see detailed analysis below under section III.)

• The program does not promote the use of objective, scientifically-based information to prevent sexually transmitted infections, including HIV, and to prevent teenage pregnancy, as required by international standards. The parts of the Grodz program that dismiss the use of condoms and contraceptives as effective in preventing transmission of STIs and in preventing pregnancy contradict such standards and threaten the health of adolescents and youth, in violation of international human rights norms related to health care.
• Sections of the program that essentially say that sex is to be had in order to conceive or should be recognized as ‘natural result' of intercourse, and that sexual intercourse for physical pleasure lessens a person's value are problematic on many fronts.
  • First, this ignores the prevalence of violent, non-consensual sexual intercourse, which is the reality for many young women and adult women's lives, so that negotiation of sex is not possible. The CEDAW Committee in a concluding observation to Slovenia explicitly asked the state party to include the topics of gender relations and violence against women in its sexual education programs.
  • This impact is discriminatory since the impact of ‘procreation' is borne by women, both biologically but also socially, as the gender roles women are forced to perform.
  • Finally, it discriminates against homosexual and lesbian sexual relations.
• That contraceptives are portrayed in a negative fashion can also have devastating consequences on teenage girls who end up not understanding the function of contraceptives and thus, do not use them, risking unwanted pregnancy, abortion and other health consequences. The UN Human Rights Committee has emphasized the need to reduce teen pregnancy and to educate youth on such issues.
• The notion that abortion is never the only or best option removes autonomy over decision-making over one's body; it undermines physical integrity, health and life of young women and also their equality. Young women are more susceptible to suicide and other harmful practices when they discover that they are carrying an unwanted pregnancy. Shaming abortion heightens this vulnerable mental state. International human rights bodies have noted that it is a violation of the right to life of the pregnant young woman who is suicidal and denied an abortion. The United Nations Human Rights Committee also recently found Peru in violation of the International Covenant on Civil and Political Rights for denying a 17 year old woman an abortion that was threatening her mental health. The mental and physical health of the pregnant young woman should be foremost on the minds of policymakers when they are deciding whether or not to approve such potentially harmful teachings in the classroom.
• Focusing on married, heterosexual relationships as being the only valuable form of relationship is discriminatory on many fronts:
  • against non-married relationships
  • against homosexual relationships
  • discriminates against children who come from single parent households.

•  The characterization of homosexuality as abnormal, unnatural and as a ‘trend' one chooses is extremely problematic and in violation of international human rights standards for protection against discrimination based on sexual orientation as set forth by jurisprudence of the United Nations Human Rights Committee and the European Court of Human Rights.

•  On family and parenthood, the characterization of persons who divorce as being in ‘bad predispositions' at the time of marriage is harmful to children and to adults for many reasons:

•  It does not lend support to empowering women who are victims of domestic violence and to their children who observe such violence. It in essence blames the woman for being ‘bad' because she divorced or is seeking a divorce for this reason.

•  It also undermines women's autonomy in relationships and reinforces women's lower status in society which is discriminatory.

III. International legal and policy support for opinion that Grozd Program violates human rights and international policy standards

International Human Rights Law

Access to sexual and reproductive health education is not only imperative public policy, but a legal duty of governments under international law. International human rights treaties provide the legal foundation for the right to sexual and reproductive health education. At the UN level, the work of individual treaty monitoring bodies, which oversee governmental compliance with treaties, have articulated the links between sexual and reproductive health education and the broad guarantees of human rights in regional and international treaties. Concluding observations and general recommendations and comments from the CEDAW Committee, the Children's Rights Committee, the Human Rights Committee, and the Committee on Economic, Social and Cultural Rights have generally framed the right to sexual education in the context of ensuring the right to health. All four have criticized states parties for not ensuring access to sexual education and have frequently asked states parties to implement sexual education programs . They have often discussed sexual education as a means to reduce maternal mortality, rates of abortion, adolescent pregnancies, and rates of HIV/AIDS. They have asked states to remove barriers hindering access of adolescent to information on HIV preventative measures, such as condoms and have asked to reintroduce sexual education in schools. While the committees have not included very detailed measures on how to improve sexual education, some committees have identified at least two areas in need of improvement: that sexual education programs should include information on gender relations and be free of prejudice and discrimination, and that information should be accurate and objective .

UN treaty monitoring bodies have recently addressed the growing trend of inaccurate and unscientifically based information by requiring that sexual and reproductive health education be accurate and objective. For example, the Committee on Economic, Social and Cultural Rights recommends that in order for state parties to comply with this right they should refrain from “… censoring, withholding or intentionally misrepresenting health-related information, including sexual education and information.” I n a recent concluding observation to the Philippines, the Children's Rights Committee recommended that the government to continue to “… [p]rovide adolescents with accurate and comprehensive information about HIV/AIDS, including condom use, in schools ...” The Human Rights Committee has also explicitly recommended that the Ministry of Education in Poland “… ensure that schools include accurate and objective sexual education in their curricula.

The CEDAW Committee has addressed the need to ensure sexual education free of discrimination, and to address the specific needs of adolescent girls and woman and the unequal gender relations in such programming. The Committee's General Recommendation on Women and Health states: “… [s]tates parties should ensure, without prejudice or discrimination, the right to sexual health information, education and services for all women and girls …. In particular, States parties should ensure the rights of female and male adolescents to sexual and reproductive health education by properly trained personnel in specially designed programmes that respect their right to privacy and confidentiality.” The CEDAW Committee in a concluding observation to Slovenia explicitly asked the state party to include the topics of gender relations and violence against women in its sexual education programs.

International policy

International consensus documents and policy guidance issued by United Nations agencies affirm the right to and critical need for comprehensive sexuality education for youth. Key among the consensus documents are the ICPD's 20-year Programme of Action and its subsequent 5- and 10-year reviews, and the Beijing Platform for Action and its 5-year review, all of which set forth specific objectives and actions relating to sexuality education. These documents urge governments to provide and support sexual and reproductive health education as part of their commitment to reproductive health and rights, but also as a strategy to address the public health imperatives of reducing adolescent pregnancies and unsafe abortion, and preventing the transmission and spread of STIs and HIV/AIDS among young people. The 5-year review of the ICPD pushes urgently for governments to “immediately develop, in partnership with youth … [and] educators, youth-specific HIV education and treatment projects, with special emphasis on developing peer-education programmes.” The subsequent review of Beijing expounds on the relationship between sexuality education and reduced risk of STIs and HIV/AIDS: “experience shows that educational programmes for young people can lead to a more positive view on gender relations and gender equality, delayed sexual initiation and reduced risk of sexually transmitted infections.”

To be effective, reproductive and sexual health education should begin in primary school and continue through all levels of formal and non-formal education; adolescents themselves should be actively involved in planning, implementing and evaluating programs; and schools, as with “all who are in a position to provide guidance to adolescents concerning responsible sexual and reproductive behavior,” should receive specific training. These documents specifically recognize the importance of such education for boys and young men in promoting respect for women's self-determination and shared responsibility with women in matters of sexuality and reproduction, including the prevention of STIs. They also draw special attention to the needs of vulnerable and disadvantaged youth in the design of education programs. Importantly, these documents also contain ammunition against some of the most problematic aspects of biased sexuality education programs, namely, discriminatory gender stereotypes that often permeate their messages and curricula, and misleading and inaccurate information on issues such as the efficacy of contraception.

In its policy recommendations on adolescent health issues, the World Health Organization echoes the need for sexuality education for adolescents and provides guidance on the appropriate content and implementation of such programs. Curricula should include information on reproduction and contraception, which should be “described, their modes of action explained, and their advantages and disadvantages openly discussed – including with respect to the prevention of STDs.” Condoms are specifically described as “the single best protective option for many adolescents.” In contrast, natural family planning methods are not recommended for adolescents, recognizing that “adolescents are very frequently unable to comply with the stringent requirements for the correct and consistent use of [these] methods.” Similarly discouraged is the abstinence-only approach to sexuality education. Appropriate training is also recommended for all teachers of sexuality education “ so that they are well informed about sex and birth control and are able to communicate with adolescents in a confidential manner, and without taking a moralizing attitude.” Like other international standards, WHO recommendations similarly call for sexuality education programs to begin in primary school, elaborating that in developing countries in particular, girls in the first classes of secondary school face the greatest risk of the consequences of sexual activity. Beginning sexuality education in primary school also reaches students who are unable to attend secondary school.

See Sexuality Information and Education Council of the United States (SIECUS), In Their Own Words: What Abstinence-Only-Until-Marriage Programs Say (2005).

See, e.g., Committee on the Rights of the Child, Gen. Comment 4: Adolescent health and development in the context of the Convention on the Rights of the Child, U.N. Doc. CRC/GC/2003/4 (2003). Committee on Economic, Social, and Cultural Rights, Gen. Comment 14: The Right to the Highest Attainable Standard to Health, para. 34, U.N. Doc. E/C.12/2000/4 (2000). Committee on the Elimination of Discrimination against Women, Gen. Recommendation 24: Women and Health (1999).

See, e.g., Concluding Observations of the Committee on the Elimination of Discrimination against Women: Burundi , 02/02/2001, U.N. Doc. A/56/38, para. 62; Democratic Republic of the Congo , 01/02/2000, U.N. Doc. A/55/38, para. 228; Jamaica , 02/02/2001, U.N. Doc. A/56/38, para. 224; Kazakhstan , 02/02/2001, U.N. Doc. A/56/38, para. 106; Lithuania , 16/06/2000, U.N. Doc. A/55/38, para. 159; Mongolia , 02/02/2001, U.N. Doc. A/56/38, para. 274; Nicaragua ,31/07/2001, U.N. Doc. A/56/38, para. 303; Republic of Moldova , 27/06/2000, U.N. Doc. A/55/38, para. 110; Romania , 23/06/2000, U.N. Doc. A/55/38, para. 315; Uzbekistan , 02/02/2001, U.N. Doc. A/56/38, paras. 185–186; Vietnam , 31/07/2001, U.N. Doc. A/56/38, paras. 266–267. Concluding Observations of the Committee on the Rights of the Child : Bhutan , 09/07/2001, U.N. Doc. CRC/C/15/Add.157, para. 45; Cambodia , 28/06/2000, U.N. Doc. CRC/C/15/Add.128, para. 53; Comoros , 16/10/2000, U.N. Doc. CRC/C/15/Add.141, para. 36; Egypt , 26/01/2001, U.N. Doc. CRC/C/15/Add.145, para. 44; Georgia , 28/06/2000, U.N. Doc. CRC/C/15/Add.124, para. 47; Iran (Islamic Republic of) , 28/06/2000, U.N. Doc. CRC/C/15/Add.123, para. 44; Jordan , 02/06/2000, U.N. Doc. CRC/C/15/Add.125, para. 48; Kyrgyzstan , 09/08/2000, U.N. Doc. CRC/C/15/Add.127, para. 46; Latvia , 26/01/2001, U.N. Doc. CRC/C/15/Add.142, paras. 39, 40; Lithuania , 26/01/2001, U.N. Doc. CRC/C/15/Add.146, paras. 39, 40; Saudi Arabia , 26/01/2001, U.N. Doc. CRC/C/15/Add.148, para. 38; Slovakia , 23/10/2000, U.N. Doc. CRC/C/15/Add.140, para. 38; Tajikistan , 16/10/2000, U.N. Doc. CRC/C/15/Add.136, para. 41; Turkey , 09/07/2001, U.N. Doc. CRC/C/15/Add.152, para. 53; The Former Yugoslav Republic of Macedonia , 23/02/2000, U.N. Doc. CRC/C/15/Add.118, para. 31. Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Bolivia , 21/05/2001, U.N. Doc. E/C.12/1/Add.60, para. 43; China, 13/05/2005, U.N. Doc. E/C.12/1/Add.107 para. 100; Poland, 19/12/2002, U.N. Doc. E/C.12/1/Add.82, paras. 28, 50; Senegal , 24/09/2001, U.N. Doc. E/C.12/1/Add.62, para. 47; Ukraine , 31/08/2001, U.N. Doc. E/C.12/1/Add.65, para. 31. Concluding Observations of the Human Rights Committee: Poland , 02/12/04, U.N. Doc. CCPR/CO/82/POL, para. 9.

See, e.g., Concluding Observations of the Committee on the Elimination of Discrimination against Women: Belize , 01/07/99, U.N. Doc. A/54/38, paras. 56, 57; Burundi , 02/02/2001, U.N. Doc. A/56/38, para. 62; Chile , 09/07/99, U.N. Doc. A/54/38, paras. 226–227; Dominican Republic , 14/05/98, U.N. Doc. A/53/38, para. 349; Greece , 01/02/99, U.N. Doc. A/55/38, paras. 207–208; Nepal , 01/07/99, U.N. Doc. A/54/38, para. 148; Slovakia , 30/06/98, U.N. Doc. A/53/38/Rev.1, para. 92; Spain , 01/07/99, U.N. Doc. A/54/38, para. 266; United Kingdom of Great Britain and Northern Ireland , 01/07/99, U.N. Doc. A/54/38, paras. 309–310. Concluding Observations of the Committee on the Rights of the Child : Cambodia , 28/06/2000, U.N. Doc. CRC/C/15/Add.128, para. 52; Colombia , 16/10/2000, U.N. Doc. CRC/C/15/Add.137, para. 48; Dominican Republic , 21/02/2001, U.N. Doc. CRC/C/15/Add.150, para. 37; Ethiopia , 21/02/2001, U.N. Doc. CRC/C/15/Add.144, para. 61; Grenada , 04/02/2000, U.N. Doc. CRC/C/15/Add.121, para. 22; Kyrgyzstan , 09/08/2000, U.N. Doc. CRC/C/15/Add.127, para. 45; Malta , 02/06/2000, U.N. Doc. CRC/C/15/Add.129, para. 39; Peru , 28/01/2000, U.N. Doc. CRC/C/15/Add.120, para. 24; Russia, 30/09/2005, U.N. Doc. CRC/C/15/Add.274, para. 56 ; The Former Yugoslav Republic of Macedonia , 23/02/2000, U.N. Doc. CRC/C/15/Add.118, para. 41; Slovakia , 3/10/2000, U.N. Doc. CRC/C/15/Add.140, para. 38; Tajikistan , 16/10/2000, U.N. Doc. CRC/C/15/Add.136, para. 41; Turkey , 09/07/2001, U.N. Doc. CRC/C/15/Add.152, para. 53 . Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Bolivia , 21/05/2001, U.N. Doc. E/C.12/1/Add.60, para. 43; Honduras , 21/05/2001, U.N. Doc. E/C.12/1/Add.57, para. 27; Libyan Arab Jamahiriya , 25/11/2005, U.N. Doc. E/C.12/LYB/CO/2 ; Senegal , 31/08/2001, U.N. Doc. E/C.12/1/Add.62, para. 47 ; Ukraine , 31/08/2001, U.N. Doc. E/C.12/1/Add.65, para. 31.

See, e.g., Concluding Observations of the Committee on Economic, Social, and Cultural Rights: Poland , 29/07/99, U.N. Doc. CCPR/C/79/Add.110, para. 11; Zambia, 13/05/2005, U.N. Doc. E/C.12/1/Add.106 .

See, e.g., Concluding Observations of the Human Rights Committee: Poland, 82 nd Sess., para. 9, U.N. Doc. CCPR/CO/82/POL. (2004). Committee on the Elimination of Discrimination against Women, Report , para. 120, 16 th and 17 th Sess., U.N. Doc. A/52/38/Rev.1 (1997).

Committee on Economic, Social, and Cultural Rights, Gen. Comment 14 : The Right to the Highest Attainable Standard to Health, para. 34, U.N. Doc. E/C.12/2000/4 (2000).

Concluding Observations of the Committee on the Rights of the Child : Philippines, 39th Sess., para. 65, U.N. Doc. CRC/C/15/Add.259 (2005).

Concluding Observations of the Human Rights Committee: Poland, 82 nd Sess., para. 9, U.N. Doc. CCPR/CO/82/POL. (2004).

Committee on the Elimination of Discrimination against Women, Gen. Recommendation 24: Women and Health (1999).

Committee on the Elimination of Discrimination against Women, Report , para. 120, 16 th and 17 th Sess., U.N. Doc. A/52/38/Rev.1 (1997).

Programme of Action of the International Conference on Population and Development , Cairo, Egypt, Sept. 5-13, 1994, U.N. Doc. A/CONF.171/13/Rev.1 (1995) [hereinafter ICPD Programme of Action ].

See ICPD Programme of Action , supra note 18, paras. 7.3, 7.37, 7.46; see also Key Actions for the Further Implementation of the Programme of Action of the International Conference on Population and Development , U.N. GAOR, 21 st Special Sess., New York, United States, June 30 – July 2, 1999, U.N. Doc. A/S-21/5/Add.1 (1999) [hereinafter ICPD+5 Key Actions Document ], para. 73(a); Beijing Declaration and Platform for Action , Fourth World Conference on Women, Beijing, China, Sept. 4-15, 1995, U.N. Doc. A/CONF. 157/23 (1993) [hereinafter Beijing Declaration and Platform for Action ], para. 107(a), (e), (g).

See ICPD Programme of Action , supra note 18, paras. 7.44(a), (b); see also para. 7.47. See also ICPD +5 Key Actions Document , supra note 19, paras. 35(b), 73(c), (e).

See ICPD Programme of Action, supra note 18, paras. 8.29(a), 8.31, 8.32; see also para. 7.43; Further actions and initiatives to implement the Beijing Declaration and Platform for Action, U.N. GAOR, 23 rd Special Sess., New York, United States, June 5-9, 2000, U/N. Doc. A/Res/S-23 (2000) [hereinafter Beijing +5 Review Document ], para. 44.

ICPD +5 Key Actions Document , supra note 19, para. 68.

Beijing +5 Review Document , supra note 21, para. 44.

See ICPD Programme of Action, supra note 18, paras. 11.9, 11.24.

See id., paras. 6.15, 7.43, 7.47; see also ICPD +5 Key Actions Document , para. 73(c).

ICPD Programme of Action, supra note 18, para 7.48; see also ICPD +5 Key Actions Document , supra note 19, para. 73(e).

See ICPD Programme of Action, supra note 18, paras. 7.8, 7.41; see also Beijing Declaration and Platform for Action , supra note 19, para. 107(a).

See ICPD +5 Key Actions Document , supra note 19, para. 73(c).

See ICPD Programme of Action, supra note 18, paras. 4.19, 11.13.

See id., para 7.5(a).

WHO, Adolescent Pregnancy, supra note 2, at 63.

WHO, Contraception; Issues in Adolescent Health and Development, at 11 (2004).

Id. at 34.

WHO, Adolescent Pregnancy, supra note 2, at 13.

Id. at 63.

Id.