The Holistic Sexual Education Law of 2022
Effective from September 1, 2023, the Holistic Sexual Education Law of 2022 (205(I)/2022) comes into force. This law ratifies the Council of Europe Convention on the protection of children against sexual abuse and sexual exploitation, known as the Lanzarote Convention.
This legislation has recently been subject to intense censorship and social debate, mainly regarding its potential impact on the subsequent sexual orientation of a child, who may still be in a formative and impressionable stage.
It is important to clarify that the law does not specify the exact content to be taught to children. Instead, its primary focus and intent are to address the dangers of sexual abuse and exploitation.
It will be the responsibility of the Ministry of Education to ensure that reasonable, prudent, and scientifically grounded educational methods are employed in the implementation of this program. This is a sensitive and critical task, as children have not yet developed the critical thinking and awareness of an adult.
At the same time, the state must respect the religious and philosophical beliefs of parents, who have the right to instill their values in their children. This right is protected under the European Convention on Human Rights (ECHR).
Legal Protections Under the ECHR
According to Article 2 of the First Protocol of the European Convention on Human Rights (ECHR), the following right is enshrined:
“No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.”
It is clear that while this law grants the Ministry of Education the authority to introduce educational programs, the curriculum must be determined through extensive consultation with all relevant stakeholders and Parents’ Associations, ensuring that parental rights are always respected.
Relevant Court Cases and Precedents
Case of Kjeldsen, Busk Madsen, and Pedersen v. Denmark
In this case, parents opposed mandatory sexual education in schools for religious reasons, particularly regarding unwanted pregnancies. The European Court of Human Rights (ECHR) ruled that sexual education could be made compulsory, but with certain limits to respect parental rights. The court emphasized that sexual education must be delivered objectively, sensitively, and in a pluralistic manner, without exceeding ethical and moral boundaries.
Limits on Religious Influence in Education
The ECHR ruled that sexual education should not serve as a tool for indoctrination or exert direct or indirect influence over a child’s critical thinking.
The state’s role is to safeguard a child’s physical and mental well-being, while respecting the religious and philosophical beliefs of their parents.
Case of Papageorgiou et al. v. Greece
Parents in Greece challenged a law requiring them to submit a declaration stating that their children were not Orthodox Christians in order to be exempt from religious education.
The ECHR ruled against Greece, stating that forcing parents to disclose their religious beliefs violated Article 2 of the First Protocol of the ECHR.
Case of Perovy v. Russia
A student’s parents complained that their child was forced to participate in a religious blessing ceremony against their beliefs.
The ECHR dismissed the case, stating that the ceremony was a one-time event, of limited scope, and had no indoctrination intent.
Conclusion
The Holistic Sexual Education Law of 2022 (205(I)/2022) introduces mandatory education to protect children from inherent dangers, such as sexual abuse and exploitation. However, the curriculum and teaching approach must be carefully evaluated to ensure that children are not prematurely exposed to sensitive content or encouraged toward early development of sexual urges that could affect their natural sexual orientation.
Petros Chatzipetros
Lawyer, Demetriou & Demetriou LLC