Northern Ireland Sex and Relationship Education (RSE) plans: Human rights lawyer warning on department plan to ‘balance’ rights of children and parents

He was speaking to the News Letter as the Department of Education consults on controversial new Relationship and Sex Education (RSE) plans for NI.

In June Secretary of State Chris Heaton-Harris compelled the department to roll out compulsory sex education for all children aged 11 and over, based on recommendations for the Province from a New York based UN committee (CEDAW).

The Northern Ireland Office stoked controversy when it said of the plans: "Educating adolescents on issues such as contraception and access to abortion in Northern Ireland, should be done in a factual way that does not advocate, or oppose, a particular view on the moral and ethical considerations of abortion or contraception.”

His plans - backed by the NSPCC and Human Rights Commission - have been criticized for excluding classroom discussions about faith or ethics - something required by law in England. A House of Lords committee also criticised them for failing to include a normal public consultation.

Almost 500 people attended an expert panel in Portadown on Monday addressing concerns about the plans.

A current 12-page consultation on parental opt-outs from narrow aspects of the lessons mentions the importance of children’s "sexual and reproductive health and rights" 12 times.

Citing the UN Convention on the Rights of the Child, the department's document says parents must provide guidance as children they grow up "so that they fully enjoy their rights".

It says that parents must do this in a way "that recognises the child’s increasing capacity to make their own choices". And it adds: "The Department’s guidance, when developed, should consider in such instances [when children make their own choices] how schools balance the rights of both children and parents/carers in implementing the regulations."

However, while the department quotes extensively from the UN Convention on the Rights of the Child to justify the plans, the convention itself appears to say nothing about the sexual rights of children.

The only apparent mention of sexual activity warns: "Governments must protect children from all forms of sexual abuse and exploitation".

Mr Kiska responded that the UN Convention is an unincorporated treaty “and should not provide the legal basis for setting education policy”.

He added: "Clearly, the Department of Education consultation is divorcing the rights of the child from the fundamental principle that a child’s education should be guided by their parents in accordance with their evolving capacities."

He also warned against international bodies’ approach to sex education.

"The UN’s sex education guidance, for example, is heavy on age-inappropriate material for young children. It was developed by the WHO [World Health Organisation] and suggests, for example, teaching childhood masturbation to four-year-olds.

He added: "There is a class of civil servants and policy makers who are obsessed with the idea that young children are sexual creatures, and wish to create a system where they will be treated as such."

The Department of Education has not responded to the comments.

It is currently holding a consultation on the rights of parents to exclude their children from new teaching on using contraception and accessing abortion.

Access the consultation here: https://www.education-ni.gov.uk/news/consultation-relationships-and-sexuality-education-launched