MINISTERS’ DEPUTIES

CM Documents

CM(2026)150-addfinal

14 October 2026

1572nd meeting, 14 October 2026 6 Social cohesion   6.4 Steering Committee for the Rights of the Child (CDENF) b. Explanatory Memorandum to Recommendation CM/Rec(2026)14 to member States on the protection of children from violence education through age-appropriate comprehensive sexuality education

 

Introduction: Why a New Instrument?

1.         Children have the right to protection from all forms of violence, as affirmed by all Council of Europe Strategies for the Rights of the Child, including the Strategy being implemented when drafting this Recommendation (2022-2027). Children do not innately possess the knowledge, skills, attitudes, values or critical thinking needed to identify, respond to, or report violence. This is particularly true for forms of violence facilitated by technology.

2.         Age-appropriate comprehensive sexuality education, when carefully developed, designed, adopted, delivered, implemented, monitored and evaluated can be an effective tool to fulfil States’ obligations to prevent and protect children against violence. This education also aims to support children, and the adults they become, to live in a society free from violence, including gender-based violence, particularly against women and girls. It does so in two ways: it teaches children to recognise and safely respond to harmful and violent behaviours when they experience, hear about alleged instances of, or witness them; it also shapes safe, healthy, responsible, and equal interpersonal interactions and relationships in childhood and beyond into adulthood.[1]

3.         The Recommendation provides concrete guidance for the formulation of legal and policy measures to regulate comprehensive sexuality education, as well as a blueprint for all the stages of the development process of comprehensive sexuality education curricula, including its development, design, adoption, delivery, implementation, monitoring and evaluation. It builds upon the work of the Council of Europe on strengthening children’s rights, on the value of education, on the importance of gender equality, and on the need to end all forms of violence against children. The Recommendation is targeted at a wide array of stakeholders including law and policymakers, civil society organisations, educators, as well as parents and other holders of parental responsibility.

4.         The Recommendation holds that a comprehensive sexuality education curriculum should:

·         be age and developmentally appropriate and delivered to children from an early age;

·         recognise children as rights-holders and seek to promote their rights to life, health (including sexual and reproductive health), private life (encompassing bodily integrity and personal autonomy), education, participation, non-discrimination and equality of all children, including gender equality;

·         situate relationships, sexuality and sex in their social, cultural, emotional, psychological, biological and gendered contexts; and

·         involve children and experts in domestic and international best practice in all stages of the development process of comprehensive sexuality education curricula.

The Recommendation also encourages member States to:

·         make comprehensive sexuality education available for all children, including by making it compulsory;

·         recognise and support the role of parents and other holders of parental responsibility in the education of their children about relationships, sexuality and sex;

·         raise awareness among parents and other holders of parental responsibility, educators and the public about the various forms of violence children experience and the role of comprehensive sexuality education in preventing and protecting children from violence; and

·         recognise the special nature of comprehensive sexuality education and ensure that those who provide it receive appropriate training.

Drafting Process

5.         This Recommendation was drafted by the Committee of Experts on the Prevention of Violence (ENF-VAE) under the supervision of the Steering Committee for the Rights of the Child (CDENF), in consultation with relevant Council of Europe bodies, international intergovernmental and non-governmental organisations, and selected stakeholders.

6.         Consistent with the Council of Europe Strategy for the Rights of the Child, the Recommendation is grounded in the rights of the child to be heard and to have a say in decisions that affect them. Four in-person and five online consultation activities were held between November 2024 and March 2025, engaging 245 children and young people aged 9-22 from Albania, Bulgaria, Croatia, Finland, Hungary, Ireland, Italy, Republic of Moldova, United Kingdom, Poland, Spain and Slovenia.[2] The consultation explored children’s and young persons’ views on their vulnerability to violence, their pedagogical need for comprehensive sexuality education, what knowledge, skills, attitudes, values and critical thinking they want from this type of education, and how they believe comprehensive sexuality education should be delivered. The Recommendation gives due weight to these views, and this report includes direct quotations from participants.[3]

Preamble

7.         The Preamble recalls the guiding principles underpinning the Recommendation, including the best interests of the child as a primary consideration and children’s rights. Children are rights-holders today, but also active participants in society and shaping the societies of tomorrow. A democratic future depends on respecting their rights and needs. The Preamble therefore underlines the importance of safe, healthy, responsible and equal relationships, rooted in mutual respect, to contribute to building a functioning democracy as promoted by the Council of Europe, namely in the Reykjavík Declaration[4] and the New Democratic Pact for Europe.[5]

8.         The Preamble recognises the long-term effects of violence on children, including of sexual and gender-based violence. It also underscores how rapid technological developments, particularly early access to social media platforms, can heighten children’s vulnerability to various forms of violence and exploitation, including grooming and trafficking. It draws attention to the concerning reality that children may be exposed at an early age to online sexually explicit material, to pornographic content, including harmful pornography, and to child sexual abuse material, which can distort their understanding of healthy relationships and sexuality by increasing tolerance for and promoting abusive and misogynistic behaviour and attitudes.

9.         The Preamble recognises that different identity characteristics, experiences and circumstances may intersect, resulting in distinct lived experiences and compounded forms of discrimination and inequality. By making such interactions visible, an intersectional approach to comprehensive sexuality education helps to identify and address complex forms of discrimination.[6]

10.       By stressing that belonging, or being perceived to belong, to a group with a shared identity, experience or circumstance can result in violence, the Preamble establishes that violence is connected to broader sociocultural attitudes and institutional structures. Attention to such attitudes and structures, and to the unique identities, experiences and circumstances of specific groups of children is required when developing, designing, adopting, delivering, implementing, monitoring and evaluating comprehensive sexuality education. This is necessary to enable it to achieve the goal of preventing and protecting all children from various forms of violence.

11.       The Preamble also highlights that parents and other holders of parental responsibility have a responsibility to educate, to protect and to prevent violence against children in their care.[7] At the same, time violence against children mostly occurs within the child’s circle of trust, be it by persons within the family, including extended family, or by persons who hold a recognised position of trust, authority or influence, including emotional, over the child.[8] Complementing education provided at home with comprehensive sexuality education provided in other learning environments will support children to identify when violence occurs, including within the circle of trust, empower them to report this violence, and direct them to support and integrated services.

12.       The Preamble recalls the case law of the European Court of Human Rights (ECtHR), as well as Council of Europe and international standards, relevant to the core aspects of comprehensive sexuality education. Without aiming to be exhaustive, the Recommendation builds on:

Council of Europe Conventions:

·         Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No 5) and its additional protocols,

·         European Social Charter (ETS No. 35 and its revised version, ETS No. 163),

·         Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No 201) (the Lanzarote Convention),

·         the Convention on Preventing and Combating Violence Against Women and Domestic Violence (CETS No 210) (the Istanbul Convention),

Recommendations of the Committee of Ministers to member States:

·         Recommendation CM/Rec(2007)13 on gender mainstreaming in education,

·         Recommendation CM/Rec(2009)10 on integrated national strategies for the protection of children from violence,

·         Recommendation CM/Rec(2010)5 on measures to combat discrimination on grounds of sexual orientation or gender identity

·         Recommendation CM/Rec(2010)7 on the Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education,

·         Recommendation CM/Rec(2012)2 on the participation of children and young people under the age of 18,

·         Recommendation CM/Rec(2012)13 on ensuring quality education;

·         Recommendation CM/Rec(2012)10 on the protection of child and young athletes from dangers associated with migration,

·         Recommendation CM/Rec(2018)7 on Guidelines for respecting, protecting and fulfilling children's rights in the digital environment,

·         Recommendation CM/Rec(2019)1 on preventing and combating sexism,

·         Recommendation CM/Rec(2019)10 on developing and promoting digital citizenship education,

·         Recommendation CM/Rec(2021)5 on the Revised European Sports Charter,

·         Recommendation CM/Rec(2022)17 on protecting the rights of migrant, refugee and asylum-seeking women and girls,

·         Recommendation CM/Rec(2023)8 on strengthening reporting systems on violence against children,

·         Recommendation CM/Rec(2025)7 on the equality of rights of intersex persons

·         Recommendation CM/Rec(2026)1 on equality and artificial intelligence

·         Recommendation CM/Rec(2026)2 on accountability for technology-facilitated violence against women and girls

Resolutions of the Parliamentary Assembly of the Council of Europe

·         Resolution 2331(2020) on empowering women: promoting access to contraception in Europe,

·         Resolution 2412(2021) on gender aspects and human rights implications of pornography,

·         Resolution 2420(2022) on football governance: business and values,

·         Resolution 2429(2022) for an assessment of the means and provisions to combat children's exposure to pornographic content,

·         Resolution 2439(2022) on access to abortion in Europe: stopping anti-choice harassment,

·         Resolution 2490(2023) on innovative approaches to sexual and reproductive health and rights,

·         Resolution 2547 (2024) on the protection of children against online violence,

·         Resolution 2629(2025) on sexual violence against men and boys,

·         Resolution 2650(2026) on paving the way for a culture of consent,

·         Report Doc. 16422 on Violent pornography: a test for human rights.

Other international standards

·         United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention Against Discrimination in Education (1960),

·         International Covenant on Civil and Political Rights (1966),

·         International Covenant on Economic, Social and Cultural Rights (1966),

·         United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979),

·         United Nations Convention on the Rights of the Child (UNCRC) (1989) and its Optional Protocols,

·         United Nations Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol) (2003),

·         United Nations Convention on the Rights of Persons with Disabilities (2006),

·         United Nations Special Rapporteur on the right to education, ‘The Human Right to Comprehensive Sexuality Education’ (2010) A/65/162

·         World Health Organisation (WHO) Standards for Sexuality Education in Europe (2010) and guidance for the implementation of the standards (2013)

·         United Nations Committee on Economic and Social Rights, ‘General Comment No 22 on sexual and reproductive health’ (2016) E/C.12/GC/22, and

·         United Nations Educational, Scientific and Cultural Organisation (UNESCO) International Technical Guidance on Sexuality Education (2018)

·         United Nations Special Rapporteur on the right to health and others. ‘A Compendium on Comprehensive Sexuality Education’ (2023)

·         United Nations Sustainable Development Goals

13.       Although the Recommendation is a non-binding legal instrument, it is based on binding legal instruments. The frequent use in this instrument of the conditional “should” must not be understood as reducing the legal effect of relevant principles taken from binding legal instruments, whether a Council of Europe or other international instrument.

Recommendation

14.       The Recommendation calls on member States to take practical steps to conceptualise comprehensive sexuality education as a measure to prevent and protect against various forms of violence against children, including by adopting a legal framework, policies and practices shaped by this Recommendation that is implemented and supported through adequate financial, material and human resources.

15.       Member States are additionally invited to translate and disseminate this Recommendation as widely as possible among all relevant actors, including children. These practical measures facilitate the implementation of the Recommendation as many of the principles and guidance outlined therein could be directly applied by law and policymakers, civil society organisations, educators, including teachers, and parents or holders of parental authority.

Appendix to the Recommendation

1.         Aim and scope

16.       The aim and scope of the Recommendation is to promote the development, design, adoption, delivery, implementation, monitoring and evaluation of comprehensive sexuality education as part of a member State’s national strategy to prevent and protect children against all forms of violence, including gender-based violence, particularly against girls. Comprehensive sexuality education is a measure to empower all children to live a life free from violence throughout their childhood and into adulthood. There are overlapping causes and consequences of violence against children and comprehensive sexuality education can be directed towards redressing them. For example, to redress gender-based violence, comprehensive sexuality education can provide critical thinking on gendered stigmas, prejudices, stereotypes and negative cultural attitudes and on their role in perpetuating violence.[9] Enhancing children’s knowledge, skills, attitudes, values and critical thinking on how to respect and value their own and others’ bodily integrity and personal autonomy strengthens efforts to end violence against children. Children can continue to draw on the lessons and insights from comprehensive sexuality education in adulthood to build and contribute to societies that are free from violence, including gender-based violence, particularly against women and girls.

17.       This education should be understood as being a part of member States’ legal obligation and part of a holistic strategy to prevent and protect children from all forms of violence.

18.       The Recommendation refers to different types of educational arrangements:

·         Formal settings include public and private schools and public-private educational partnerships where the primary objective is to learn through an organisational framework and learning is often measured through assessment.

·         Not all children are educated in formal settings and their only entry point for comprehensive sexuality education may be via non-formal learning, which refers to learning that follows an organisational framework outside of the formal learning environment (such as in community settings, sports, cultural and leisure facilities).

·         Children may also learn about comprehensive sexuality education through informal learning, which refers to an unstructured education occurring in everyday life (such as with parents, through life experiences with peers or in digital spaces).[10]

19.       The Recommendation applies to all contexts where children are educated or can learn about comprehensive sexuality education. Member States have obligations to ensure that children in all educational settings can access age and developmentally appropriate comprehensive sexuality education that is science-based and is consistent with the Recommendation.[11]

20.       The Recommendation prompts member States to respond with tailored positive measures to redress barriers to ensure that all children are equally able to gain the required knowledge, skills, attitudes, values and critical thinking in comprehensive sexuality education. It applies a substantive equality approach to comprehensive sexuality education recognising that treating all children the same can perpetuate inequality.[12] Member States should recognise the diverse and intersecting barriers children face and adapt comprehensive sexuality education accordingly, such as by redesigning comprehensive sexuality education lessons, material or activities for children with disabilities or providing linguistic adaptations for children who do not speak the majority language.

21.       A substantive equality approach to the Recommendation is consistent with Art. 6 of the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention) which requires states to provide education and information on the risks of sexual exploitation and abuse and to ‘pay special attention to situations of risk’ of these forms of violence, particularly risks associated with technology-facilitated violence.

2.         Definitions

22.       The definitions provided reflect internationally accepted standards for the purpose of interpreting the Recommendation only. Member States are not required to adopt these terms in their national context and the definitions ascribed do not prevent member States or other actors from giving the same or similar terms different meanings in other contexts.

23.       The definition of “child” is formulated in accordance with Art. 1 of the United Nations Convention on the Rights of the Child and relevant Council of Europe instruments.

24.       The definition of “comprehensive sexuality education” is drawn from the 2018 definition given to the term by UNESCO in its International Technical Guidance on Sexuality Education, referring to an education process on all aspects of relationships, sexuality and sex. It establishes that comprehensive sexuality education is more than just information about anatomy and the biological aspects of sex and reproduction. It provides a broad curriculum that ‘aims to equip children with knowledge, skills, attitudes and values that will empower them to: realise their health, well-being and dignity; develop respectful social and sexual relationships; consider how their choices affect their own well-being and that of others, and to understand their rights throughout their lives.’[13] Comprehensive sexuality education enables children to understand their right to bodily integrity and personal autonomy, to develop respectful relationships and contributes to them embracing empathy, diversity, consent, respect and equality.[14] It seeks to promote human rights, gender equality and the empowerment of women and girls.[15]

25.       Through this education, comprehensive sexuality education aims to provide children with the values required to prevent the development of harmful sexual behaviour, the capacity to identify the hallmarks of unsafe interactions or relationships, and the ability to recognise risks for themselves or other children. It also gives them knowledge about and empowers them to access support services.

26.       Although, not defined in the Recommendation, the meaning of “comprehensive” and of “age and developmentally appropriate” in the context of comprehensive sexuality education is elaborated here for a better understanding of the notion of “comprehensive sexuality education”. The term “comprehensive” means that comprehensive sexuality education is age and developmentally appropriate, culturally aware and reiterative. The comprehensiveness of this education also requires that it is science-based and is updated as new evidence emerges. Comprehensive sexuality education must not be based on or perpetuate misconceptions, stigmas or negative cultural attitudes towards relationships, sexuality, sex or

any individuals and groups. Those children and young persons participating in the consultation were supportive of the comprehensive nature of comprehensive sexuality education, with one explaining that ‘everything should be covered. A bit of everything. I'm 18, and I feel like I know nothing about sexuality at all. We only learn about the male and female body and that's it.’[16]

27.       “Age and developmentally appropriate” means that this type of education is tailored to children’s maturity and evolving capacities based on their age and development. It addresses ‘developmentally relevant topics when it is most timely for their health and well-being; accommodates developmental diversity; adapts content when cognitive and emotional development is delayed’.[17] In recognition that comprehensive sexuality education is age and developmentally appropriate, the term “age-appropriate” is not added before comprehensive sexuality education throughout the text. In addition, the naming of comprehensive sexuality education can vary to reflect its content as tailored to children’s evolving capacities and to be appropriate in the specific cultural context of each member State. The definition of comprehensive sexuality education also recognises the diversity of children. This diversity stems from a range of identities, experiences and circumstances that could impact their vulnerability to violence, as underlined in paragraph I of the Preamble and in the General Principle 3.5.

28.       The definition of “curricula” is broad reflecting that comprehensive sexuality education can be taught in multiple settings. Curricula are plans for an educational experience in formal, informal and non-formal educational spaces.[18] For the purposes of this Recommendation, comprehensive sexuality education curricula are age and developmentally appropriate and are grounded in the shared values of member States such as the best interests of the child, human rights, including gender equality, and strong democratic societies. They also aim to identify the knowledge, skills, attitudes, values and critical thinking learners are seeking to acquire and they use a wide array of learning materials, content, methods, experiences and activities to educate, learn and teach.[19]

29.       The definition of “gender-based violence” is based on Art. 3 of the Istanbul Convention, which defines ‘gender-based violence against women’, and the European Commission definition of ‘gender-based violence.’[20] Gender based violence is a form of violence rooted in sociocultural norms and expectations on gender and gender roles. This definition is intended to recognise the disproportionate infliction of such violence against women and girls and that this violence is perpetrated because they are women and girls. Examples include imposing harmful traditional practices, such as female genital mutilation, forced or early marriage, or any other practice that violates the physical, mental, emotional, psychological or sexual integrity, survival and development of women and girls. At its most extreme end is femicide.[21] Other forms of gender-based violence can affect other groups.[22]

30.       The definition of “harmful sexual behaviour” was included in recognition of increasing evidence from various jurisdictions that children engage in harmful sexual behaviours with other children. Research shows that a response grounded in child-welfare should be preferred over a punitive approach when addressing a child’s engagement in this behaviour.[23] This definition further suggests that attitudes and behaviours considered developmentally appropriate for younger age groups may be deemed inappropriate for older age groups and vice versa. It is essential to recognise the distinction between developmentally appropriate and inappropriate sexual behaviour in order to mitigate the risk of erroneously categorising the

former as the latter.[24] Moreover, there should be awareness of the fact that, if a pre-adolescent is engaging in developmentally inappropriate behaviour, this may indicate that the child has been sexually abused.

31.       The definition of “pornography” draws from a definition set out in a Guidance Note prepared by the Council of Europe on Safeguarding Children from the Risks of Accessing Online Pornographic Content.[25] This Guidance Note underlines that, for many children, and in the absence or relative silence of alternative voices, pornography has become the most significant source of information about relationships, sexuality and sex. It regards exposure to online pornography, as understood in the Guidance Note, as harmful to the development of children because of its unrealistic or unhealthy depictions of relationships, sexuality and sex which are often aggressive, violent or misogynistic. In addition, any pornography that contains racist stereotypes, homophobic stereotypes, gender stereotypes, ableist stereotypes and/or depicts incest, sexual and gender-based violence, particularly against women, is inherently harmful. It is noted that the Parliamentary Assembly called for the criminalisation of the production, distribution and possession of violent and extreme pornography because it risks normalising moral coercion and physical violence which impacts on women’s and girls’ dignity and their right to live free from sexual violence and on children’s development.[26]

32.       The definition of “child sexual abuse material” refers to the material criminalised in Art. 20 of the Lanzarote Convention but uses the term ‘child sexual abuse material’ instead of ‘child pornography’, reflecting growing awareness of the inappropriateness of using the latter term to describe material where children have been and/or are being exploited. This is in line with recommendations on the appropriate use of terminology from the Lanzarote Committee.[27] This also reflects the Terminology Guidelines for the Protection of Children from Sexual Exploitation and Sexual Abuse.[28] Accordingly, child sexual abuse material is not considered pornography for the purposes of this Recommendation. Child sexual abuse material also includes material generated or manipulated using artificial intelligence (AI) technology and material where adults are depicted as children engaging in real or simulated sexually explicit conduct, in line with Art. 20 of the Lanzarote Convention and the Luxembourg Guidelines.[29]

33.       The definition of “child sexual abuse and/or sexual violence” refers to behaviours criminalised under the Lanzarote and Istanbul Conventions. The behaviours criminalised cover all forms of sexual exploitation, abuse and violence including, but not limited to, those committed by penetration, sexual touching and sexual activities even where there is no physical contact such as online solicitation (grooming), seeking to obtain sexual images or videos of the child, exposing the child to sexual content, exploiting the child for sexual activities or sexual performances (including via live streaming). Comprehensive sexuality education helps children understand the abusive nature of such activities, recognise risky situations, and empowers them to access help and support when needed.

34.       These definitions capture cases where a child is not legally able to consent to a sexual act (which could amount to child sexual abuse and/or child sexual exploitation depending on the nature of the act) and cases where a child has reached the legal age for sexual activities in their jurisdiction, but they do not or cannot consent in this particular instance. A child cannot consent where abuse is made of a recognised position of trust, authority or emotional or other influence. This applies irrespective of whether the child has reached the legal age for sexual activities, given the potential for a perpetrator to exercise physical, economic, cultural, social or religious power to punish or reward the child. Persons holding positions of trust, authority and emotional or other influence, such as parents and other holders of parental responsibility,

family members, institutional care providers, teachers, religious leaders, sports and other coaches and doctors, may exploit these dynamics.[30] Consent cannot be established where a child’s vulnerability is exploited, for example when such vulnerability arises due to grounds listed in section 3.5 of the Recommendation.

35.       Circumstances where children engage with mutual consent in sexual activities that fall within the framework of healthy sexual development are understood to be excluded from the notion of child sexual abuse and/or sexual violence, as provided for in Arts. 18 to 23 of the Lanzarote Convention. In instances where sexual activities are consensual but fall outside of the parameters of healthy sexual development, the use of criminal sanctions may still remain inappropriate. Consistent with the aforementioned approach recommended to address harmful sexual behaviours, a child welfare response should be prioritised. The Lanzarote Committee has recommended that children who generate, possess or share sexually suggestive or explicit images and/or videos should be directed to support services and/or provided with educational or therapeutic interventions. Criminal prosecution should be reserved as a measure of ‘last resort’.[31]

36.       The definition of “technology-facilitated violence” is informed by the Council of Europe’s Recommendation on accountability for technology-facilitated violence against women and girls.[32] Technology-facilitated violence is a digital expression of violence where offenders use technology to target, abuse, exploit and commit violence against children.[33] This includes acts of violence in any digital, online, virtual, immersive or other technology-mediated environment, as well as those perpetrated through technology, including but not limited to AI-connected devices and smart technologies. It can occur exclusively in the digital environment or it can be an extension of or a precursor to in-person violence.[34] Certain forms of technology-facilitated violence, like the creation and sharing of child sexual abuse material, including its creation through AI, can continue to cause harm long after the original violence has been committed due to its continued existence online.

37.       The definition of “violence against children” is informed by the Recommendation of the Committee of Ministers to member States on strengthening reporting systems on violence against children.[35] It refers to all forms of violence against children, committed by adults and engaged in by children. It includes, without being confined to, child sexual abuse and/or sexual violence, child sexual exploitation, child trafficking, grooming, gender-based violence, particularly against women and girls such as female genital mutilation and early or forced marriage, harmful sexual behaviours and technology-facilitated forms of violence. The definition also covers new forms of violence against children that may emerge or evolve.

3.         General principles

38.       The first general principle, 3.1, asserts that comprehensive sexuality education should empower children and be rooted in their right to education and all their other rights, rather than being a passive transfer of knowledge.[36] This human rights approach aligns with regional and international legal instruments, including Art. 6 of the Lanzarote Convention, Arts. 17 and 11(2) of the European Social Charter, Art. 14 of the Istanbul Convention, Art. 24(2)(f) of the UN CRC and Arts. 5, 10(h) and 16(1)(e) of the UN Convention on the Elimination of All Forms of Discrimination Against Women. The Recommendation builds upon and advances these commitments, recognising that all stages of comprehensive sexuality education’s development process must respect, protect and fulfil children’s rights. In an online workshop

conducted as part of the process of drafting this Recommendation, 92 per cent of children and young persons consulted highlighted that comprehensive sexuality education should cover human rights topics including gender equality, gender identity, sexual orientation, sexuality and reproductive and sexual health.[37] One child commented ‘[s]exual education is a human right, just like food, warmth, and shelter.’[38]

39.       General Principle 3.2 clarifies that a core normative goal of comprehensive sexuality education is to educate children, on an iterative and ongoing basis, so they can identify and recognise various forms of violence against them and others and know how to respond to such violence. This principle builds on Recommendation CM/Rec(2023)8 of the Committee of Ministers to member States on strengthening reporting systems on violence against children.[39] It recommends ensuring for all children, including children with disabilities, easily accessible and child-friendly complaint mechanisms (such as hotlines or helplines) to enable children to report violence, and the provision of child protection and other support and integrated services (for example multidisciplinary and interagency services or Barnahus-type services).

40.       General principles 3.3 to 3.5 of the Recommendation build on Art. 14 of the European Convention on Human Rights which provides that the rights set forth in the Convention must be secured without discrimination, including based on age. In the context of comprehensive sexuality education, this entails that all children have an equal right to age and developmentally appropriate comprehensive sexuality education and its provision should be directed towards achieving equality. As emphasised by the European Committee of Social Rights, this means that such education must be provided to children attending formal education ‘without discrimination on any ground, direct or indirect, it being understood that the prohibition of discrimination covers the entire range of the educational process, including the way the education is delivered and the content of the teaching material on which it is based’.[40]

41.       Equality in the Recommendation is understood as being multidimensional. The first dimension of substantive equality, breaking the cycle of disadvantage, is reflected in General Principles 3.3 and 3.5.

42.       General Principle 3.3 targets gender equality. It recognises that sexuality education can be used to perpetuate inequalities, particularly against women and girls, by reinforcing traditional gender roles. More broadly, such curricula can sustain negative stereotypes, stigmas and prejudice related to gender, which in turn may legitimise violence against children who do not conform to dominant social norms regarding relationships, sexuality and sex. Such practices undermine and violate children’s right to equality. To meet this principle, curricula should take account of the second dimension of substantive equality, i.e. include content that addresses recognition harms, including harassment, prejudice, stigma, stereotyping and violence, which have repeatedly been identified as a root cause of violence. To promote gender equality, comprehensive sexuality education should actively engage boys in challenging harmful gender norms and promoting respectful, equal interpersonal interactions and relationships. The Committee of Ministers’ Guidelines on the place of men and boys in gender equality policies and in policies to combat violence against women has observed that comprehensive sexuality education ‘has a positive effect on both boys and girls and can contribute to conveying strong messages in favour of gender equality, eliminating patriarchal patterns, particularly against girls and promoting non-stereotyped gender roles.’[41]

43.       General Principle 3.3 also acknowledges that education can be delivered in a same-sex school environment or in an opposite-sex co-educational environment and seeks to ensure that differences in delivery-setting do not undermine the goal of gender equality. Where the delivery of some (possible in a co-educational setting) or all (in a same-sex setting) elements of comprehensive sexuality education are segregated by sex, it is essential that all children are taught the same content as alteration can perpetuate a lack of knowledge or information about others and risks implicitly or explicitly endorsing negative stereotypes, stigmas and prejudices that are supportive of violence.[42] The children and young people who

participated in the consultation process for this Recommendation considered that segregating by sex was undesirable as it creates or highlights difference,[43] while other research with children has identified benefits to occasionally segregating children to allow for some sensitive topics to be discussed openly.[44]

44.       Accordingly, segregating children in opposite-sex schools should be done sparingly. Consideration should also be given to how to include trans students, non-binary students and students with variations in sex characteristics in comprehensive sexuality education classes if co-educational groups are occasionally streamed along sex or gender lines.[45] In all methods of delivery, attention should be paid to ensure children are able to equally participate recognising that for children, including those with identity characteristics, experiences and circumstances listed in Principle 3.4, there can be barriers to meaningful participation.

45.       General Principle 3.4 also seeks to break the cycle of disadvantage – the first dimension of substantive equality – and acknowledges that individuals and groups may experience discrimination, or increased vulnerability due to identity characteristics, experiences and circumstances, and that addressing these inequalities requires positive measures.[46] The list of grounds of discrimination set out in General Principle 3.5 draws inspiration from the lists of the Strategy for the Rights of the Child (2022-2027) and of the Gender Equality Strategy (2024-2029), adapted to the context of this Recommendation. Across all dimensions of substantive equality, an intersectional approach should be given special attention. Intersectional discrimination refers to a unique combination of discrimination based on several identities, experiences and circumstances at once.[47] In respect of the disadvantage dimension, a right to equality requires states to design and implement comprehensive sexuality education in a manner that ensures all children can access it and furthers the equal rights of all children. For example, children with disabilities may have different pedagogical needs and educational lessons, material or activities may require adaptation to be inclusive of their needs.

46.       The second dimension of substantive equality is also relevant here and comprehensive sexuality education should seek to redress negative cultural attitudes towards different bodies, different sexualities, different gender identities and expressions, different living patterns and different relationships. Comprehensive sexuality education can challenge norms that degrade others or frame them as deviant or shameful.

47.       General principle 3.5 recognises that, regardless of age, children can be vulnerable to violence and can engage in harmful behaviours. The increasing incidence of children harming other children[48] ties in with a growing body of evidence that identifies the onset of puberty as a ‘peak time’, mainly for boys[49] but also for girls[50], to engage in sexually harmful behaviours with younger children. The risks that easy and early access to pornographic content pose to the social and sexual development of children who use it to shape their sexual practices is also a matter of serious concern.[51] The introduction of age and developmentally appropriate comprehensive sexuality education to children from an early age is a means

by which member States can respond to these issues because comprehensive sexuality education has protective and preventive effects, considered below.

48.       Drawing from science on children’s evolving capacities, comprehensive sexuality education should be age and developmentally appropriate and reflect children’s evolving capacity to understand. Accordingly, relevant experts should be involved in the development of curricula. Research on violence prevention interventions is also clear that this education needs to be provided on an iterative basis.[52] Iterative provision of this education fulfils member States’ obligation under Art. 6 of the Lanzarote Convention to provide age appropriate information about the risks of sexual exploitation and sexual abuse to children as part of their primary and secondary education and under Art. 11(2) of the European Social Charter to provide 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’.[53]

49.       Children have expressed the wish for comprehensive sexuality education to be delivered from an early age and on an iterative basis throughout their school career.[54] Most of the children and young people who participated in the consultations recommended that comprehensive sexuality education should start at kindergarten or primary school.[55] They had concrete suggestions regarding the ages they thought it would be appropriate to deliver education about emotions, bodily changes, sexual health and sexual orientation.[56] One of these children said: “In the 1st and 2nd years, we should learn what you should and shouldn't do. After that, learn more! We shouldn't send people out into the real world without knowing anything."[57]

50.       The iterative and age and developmentally appropriate nature of this education is also relevant to the final general principle, 3.6, regarding the naming of comprehensive sexuality education. Member States may wish to use different names for comprehensive sexuality education at different points in the educational and personal development of the child to better reflect its content and in recognition that comprehensive does not mean that everything is taught all at once. Instead, a comprehensive curriculum is one that has breadth in terms of content when taken in the round[58] and the iterative nature of the curriculum means that the depth of that content increases in line with the evolving capacity of the child. Accordingly, a comprehensive sexuality education curriculum will first introduce core concepts, such as emotions, consent, safety, responsibility, equality, respect, and healthy personal interactions, in an age appropriate way in early childhood. As the child grows and progresses developmentally, these concepts are returned to, enriched, and new age appropriate concepts are introduced.

51.       Expert involvement can also help direct the naming of the education at various developmental stages ensuring the name accurately describes that comprehensive sexuality education is tailored to the child’s maturity and evolving capacities.[59]

4.         Prevention of and protection from violence

52.       The Recommendation recalls that the obligation to respect, protect and fulfil children’s rights lies with the member State. This is true even in the context of comprehensive sexuality education that is not directly funded by the State. The Recommendation does not place the burden on children to prevent or protect against violence.

53.       There is recognition across the Council of Europe and other regional and international legal systems that violence against children takes many forms, as delineated above. Member States are advised to design comprehensive sexuality education curricula that place interpersonal interactions, relationships, sexuality and sex within their social, cultural, emotional and psychological contexts to meet the State’s obligations to respect, protect and fulfil children’s rights and to meet the State’s legal obligation and shared value of seeking to end violence against children.

54.       The provision of comprehensive sexuality education is a primary violence prevention tool. Children whose learning is informed by these rights-promoting values and whose adoption of these learnings is supported by peers and parents and other holders of parental responsibility should be less likely to engage in harmful sexual behaviour. They should also be less likely to engage in gender-based violence, sexual abuse and/or sexual violence, sexual exploitation or technology-facilitated violence against other children and to engage in those forms of violence against others when they are adults. Research evaluating a variety of primary prevention education programmes found that they were effective in bringing about behavioural change.[60] A properly designed comprehensive sexuality education programme could therefore be effective in reducing the above listed forms of violence against children. Generally, the children and young people consulted wanted comprehensive sexuality education because they saw it as a tool that could help prevent and protect them from violence.[61]

55.       Where violence occurs, this education performs a secondary prevention role. By providing those who have experienced violence with strategies to enable them to recognise that their well-being and health have been impacted, telling them that they did nothing to deserve those impacts, and empowering them to report it to an appropriate adult, their own secondary victimisation is prevented.[62] It may also reduce the risk that they victimise other children. Research with children who have harmed other children has consistently found that many are victims of prior physical and sexual violence.[63] Children who can recognise the wrongfulness of what was done to them and who have been empowered to seek help should be less likely to act out their experiences of abuse on other children.

56.       Comprehensive sexuality education is also preventive and protective as it educates children on their rights and their ability to exercise their rights. It is a protective measure because, flowing from the child’s right to participation, it increases children’s assertiveness and self-confidence through skills-based learning, meaning, for example, that they will be less vulnerable to exploitation by others through grooming. It is protective through the provision of information to children and their empowerment to report any violence experienced by them or others, and how to avail of support services.[64] Member States should take positive measures, including allocating human, material and financial resources, to ensure children are able to report instances, risks and suspicions of violence and, consistent with Art. 14 of the Lanzarote Convention, take measures to ensure children can access and receive support from services designed to respond to violence. Art. 13 of the Lanzarote Convention calls for the introduction of online and offline helplines available 24/7. To be easily accessed by children, these need to be child-friendly.

57.       Consent is directly connected to recognising the bodily integrity and personal autonomy of oneself and others and is a key concept underpinning all forms of interpersonal interaction. Where that interpersonal interaction involves sexual activity, consent is especially important. Understanding the nature and limits of consent and its importance to safe, healthy, responsible, respectful, and equal relationships is crucial for preventing and protecting children from violence. Those who participated in the consultation via an online poll identified consent, personal boundaries and interpersonal relationships as the aspect of comprehensive sexuality education that most interested them.[65]

58.       Accordingly, comprehensive sexuality education should provide accurate information, within their national context, about the legal meaning of consent and the legal age for sexual activities, which is defined as the minimum age at which an individual is considered legally competent to consent to sexual activity. In cases where national or local law provides for exceptions or differing ages for certain types of sexual activity, educational content should clarify these distinctions as appropriate.

59.       Children should also be informed of the existence of offences where consent is irrelevant to liability, even if the child has reached the legal age for sexual activities. Offences where the law does not recognise the claimed ‘consent’ as legally valid include abuse or exploitation by people in positions of trust, authority, emotional or other influence over the child. Individuals in such a recognised position of trust include family members, teachers, sports and other coaches, doctors, etc. In addition, abuse or exploitation of a particularly vulnerable situation of the child, notably because of a disability, would also render ‘consent’ invalid.

60.       Education on consent should be age and developmentally appropriate. Children may not be able to consent to some or any form of sexual activity at the time the education is delivered, but knowledge on consent will be relevant as they reach the legal age for sexual activities. Waiting until they reach the relevant legal age for sexual activities may mean that the education is delivered too late, with research indicating that significant minorities of children have sexual intercourse prior to reaching that age.[66] There is also the risk that children may have engaged in harmful sexual behaviours or have been subjected to violence without realising it. Data on increasing numbers of children being identified as engaging in harmful sexual behaviours and/or being charged with sexual offences is evidence of this.[67]

61.       Violence against children does not occur in a vacuum. The curriculum should therefore be gender-responsive and violence against children should be situated in its broader social and cultural context. The focus of the curriculum should help children to develop their critical thinking so they can interrogate and counteract gender and other stereotypes exhibited by their peers and others and present in media content. Research shows that children’s age of exposure to pornographic content in Western societies is earlier than the age of sexual debut.[68] This means that children’s expectations of what sex is are being shaped by such content.[69] Comprehensive sexuality education can prepare and encourage children to critically reflect on the content and influence of pornography and other forms of content and media.[70] This will alert children to how media can shape their own identity, their own sense of self as well as their perceptions of, behaviours towards and relationships with and to others. There is also increasing evidence of a correlation between exposure to pornography that contains stereotypes about gender and/or race, gender-based violence and sexual violence with the practice of gender-based violence and harmful sexual behaviour by children.[71]

62.       Comprehensive sexuality education can make children aware that violence takes many forms; help them recognise, respond to or report those forms when they occur; and inform them that violence is often rooted in gender power hierarchies. Research tells us that girls experience greater incidences of violence, culminating in femicide, because they are girls but that boys and children with diverse sexual orientation, gender identity, gender expression and sex characteristics are also vulnerable because of unequal power dynamics.[72] Comprehensive sexuality education can raise awareness among all children on the root causes of violence, the role of gender, the role of power imbalances and actively transform patriarchal and other norms that sustain and perpetuate violence. Research on violence against women and girls has emphasised the importance of comprehensive sexuality education in contributing to bringing about this necessary change.[73]

63.       Comprehensive sexuality education can be responsive to the many manifestations of violence, including new and emerging forms such as violence facilitated through technology, like AI.[74] This can include the creation and distribution of child sexual abuse material, impersonation designed to groom children, child trafficking or coercive or controlling relationship behaviour via location sharing apps.[75]

64.       It is also essential that those who work with children can report to the relevant authorities if they reasonably believe or suspect that violence against children is occurring, without fear of negative repercussions for them personally or professionally. Reporting, where done in accordance with professional confidentiality regulations, should not breach any law or professional ethics code. The Recommendation aligns with Arts. 5 and 12 of the Lanzarote Convention, Art. 28 of the Istanbul Convention and chapter IV of the Recommendation on strengthening reporting systems on violence against children (referring to “creating a favourable context for reporting violence against children”).[76]

5.         Training for educators

65.       Research with children has repeatedly emphasised the unique nature of comprehensive sexuality education as this education centres on the body, emotions, relationships, consent, power, sex and sexuality.[77] Educators who provide this education need additional skills both inside and outside the classroom. In relation to classroom practice they need training to ensure that they can create and maintain a safe, non-judgemental, secure, inclusive, non-violent, trauma-informed learning environment that respects the rights of all children. This includes being aware of, and taking measure to reduce and remove, barriers that may prevent children, in particular girls and/or children in vulnerable situations, from feeling safe to participate fully and express themselves.

66.       This training should also be provided to those who educate on comprehensive sexuality education in non-formal and informal educational settings. This is particularly important to ensure the quality of comprehensive sexuality education for children not in the formal education system. It should also be provided to external organisations who come into the formal education system to provide comprehensive sexuality education to children.

67.       This training will also ensure that the delivery of comprehensive sexuality education does not oppress but valorises difference and works towards achieving substantive equality. The provision of this education in such an environment also reduces the risk of re-traumatisation or secondary victimisation for children who are experiencing or have experienced violence. Only educators who have received training on how to deliver comprehensive sexuality education should provide it as research has shown that educators who do not have this training can be uncomfortable delivering it and their discomfort reduces the efficacy of the delivery of the education.[78]

68.       This was acknowledged by the children and young people whose views were consulted when drafting the Recommendation. The qualities that children and young people consulted in the drafting of this Recommendation regarded as important in those who deliver comprehensive sexuality education were expertise, comfort with the topic, experience of working with children, ability to create a safe environment and knowledge of evidence-based information. Children and young people consulted expressed a general preference for trained external experts to deliver comprehensive sexuality education. One of them expressly said: “I didn't feel a connection with my teacher, but the relationship with the educator was completely different. Thanks to her, I was able to bring up difficult topics without fear.”[79] Other work has found that children would prefer comprehensive sexuality education to be delivered by young adults[80] but whatever the age of the educator, the key qualities that they should have are those listed above.

69.       Where comprehensive sexuality education is provided by an educator who is based within an educational environment, their status as a comprehensive sexuality education educator may result in students who are experiencing violence to disclose to them. Accordingly, they need to be supported and equipped to respond to the child’s immediate safeguarding needs raised by such disclosures. They also need to know how to report such disclosures. More generally, all educators need to be able to identify signs that children are being subjected to such violence and respond and report to appropriate authorities. Relying on children to disclose violence fails to meet member States’ obligation to prevent and protect children from violence. Art. 5(2) of the Lanzarote Convention requires States to train professionals working with children to be able to identify child sexual exploitation and abuse, as does Art. 15 of the Istanbul Convention regarding violence against women and girls. Accordingly, those who work with children should do so within a general safeguarding framework and should be trained to enable them to be proactive when suspected cases of violence emerge.

70.       This training must be on an ongoing basis. As new forms of violence emerge, often facilitated by technology, the curricula and the teaching of those curricula will need to adapt to continue to provide children with the protective and preventive knowledge, skills, attitudes, values and critical thinking required for the changed context in which they live and grow. This should include training on safeguarding policies, which are to be continuously reviewed to adapt to new evidence about the ways in which violence against children can be perpetrated. Educators need continuous professional development to keep abreast of these changes. The structural dimension of substantive equality requires appropriate educator training and the provision of adequate human, material and financial support so that educators have the resources needed to meet children’s rights and to ensure comprehensive sexuality education can achieve its aims of preventing and protecting children against violence.

6.         The Role of Parents and Other Holders of Parental Responsibility

71.       Parents and other holders of parental responsibility (recognising that this can be (a) person(s) or an institution) have the primary responsibility for the upbringing and development of the child.[81] They play a fundamental role in preventing and protecting children within their care from all forms of violence and have a legal responsibility to do so. This echoes and builds upon Art. 6 of the Lanzarote Convention which conceptualises parents as active participants in educating their children with respect to violence against children and more broadly on respectful relationships and diversity in sexuality, sexual behaviours, gender identity and gender expression and variations in sex characteristics.

72.       Parents and other holders of parental responsibility should be provided with a clear understanding of the age and developmentally appropriate content that is being provided to the children within their care in formal and non-formal educational settings. They should also be informed about how the curriculum will be delivered and by whom so they can support the children within their care as they develop preventive and protective skill sets.

73.       Research tells us that there is significant parental support for comprehensive sexuality education curricula that are expansive in breadth and depth.[82] However, there may be resistance to such curricula because of misunderstanding, misinformation or disinformation. It is important that sincere efforts are made to bring along those who may be sceptical of or resistant to comprehensive sexuality education. Expressly linking comprehensive sexuality education to supporting the development and protection of children through awareness raising campaigns is part of this process.

74.       As key contributors to informal education, parents and other holders of parental responsibility should be provided with information and resources on how to answer children’s questions and how to support the normative aims of comprehensive sexuality education including fostering in the children within their care the values of ending violence, non-discrimination, equality, particularly gender equality, and mutual respect in all interpersonal interactions and relationships.[83] This will help parents and other holders of parental responsibility, many of whom may not have received comprehensive sexuality education when they were children and find it difficult to discuss such matters, to create and maintain open channels of communication with the children within their care. They should be provided with resources to help them recognise when the children within their care have been subjected to violence, inform them about the full

range of support services within their member State and empower them to report and/or support their children in reporting. The need to support parents was recognised by the children and young people who participated in the consultation process. They valued their parents’ role in educating them about relationships, sexuality and sex. However, some expressed concern that not all parents had the necessary skills or capacity to provide this education.[84] As such, education provided by others was seen as complementary to the education provided to them by their parent. They wanted the benefit of learning from multiple sources and in multiple settings. One child said: “Sexuality is still a taboo topic. I don't dare ask my mom and dad about it at home. My parents know me best, but at the same time, it's hard to talk to them about this subject.”[85]

7.         Awareness raising

75.       An essential part of meeting the goal of ending violence against children is to increase awareness about the nature, prevalence and forms of violence that children face. This will increase support for comprehensive sexuality education, improve recognition and reporting of such violence, and prevent the escalation of such violence, in line with Art. 8 of the Lanzarote Convention. Awareness campaigns should highlight the positive value of comprehensive sexuality education and its role in giving children knowledge and tools to engage in safe, healthy and respectful interpersonal interactions and relationships; and address misunderstanding, misinformation or disinformation on comprehensive sexuality education. These campaigns should also raise awareness on the availability of support measures for those who have experienced violence and educate the public about emerging harms and the difference between developmentally appropriate and inappropriate sexual behaviours. Educating the public in this regard could reduce the impulse to impose punitive rather than child-welfare centred responses.[86] Awareness campaigns should be informed by data generated within the member State to actualise and substantiate the nature and extent of the risk faced by children within the member State. They also need to be directed at multiple audiences, including children. Children should therefore be involved in the design and delivery of these campaigns.

76.       As beneficiaries of comprehensive sexuality education and awareness campaigns, children will be empowered to report violence against themselves and others, and increased reporting of violence against children will likely ensue. Accordingly, awareness campaigns may need to be designed to ensure that those to whom initial reports are made, such as parents and other holders of parental responsibility, educators, trusted adults and peers, take the disclosure seriously, respond appropriately, and know where to direct the child to appropriate support services.[87]

8.         Legal or policy basis

77.       To ensure accountability within each member State, comprehensive sexuality education should have a legal or policy basis that sets out the general framework and guarantees the provision of education that is science-based and grounded in human rights. By doing so, member States will contribute towards meeting their obligations under Art. 6 of the Lanzarote Convention and Arts. 11(2) and 17 of the European Social Charter and ensure that all children have equitable access to comprehensive sexuality education as the goal of this education is to protect children’s rights.

78.       The legal or policy basis for comprehensive sexuality education should apply not only to formal public and private educational settings but also to informal and non-formal educational settings to ensure all children are able to access high quality comprehensive sexuality education. When comprehensive sexuality education is implemented, member States’ should respect, protect and fulfil the rights of children, such as through monitoring the implementation of comprehensive sexuality education curricula, and this extends to all education settings.[88]

79.       De jure and de facto exemptions to comprehensive sexuality education undermine the protection and prevention goals of this education by excluding some children from accessing its benefits. Legal or policy provisions such as allowing for parental withdrawal of their children from comprehensive sexuality education are de jure exceptions that risk leaving children who do not receive this education vulnerable to violence. De facto exemptions arise in instances where there is no legal basis for excluding specific categories of children from comprehensive sexuality education, but this exclusion happens in practice. For example, children with disabilities are often excluded from the provision of sexuality education,[89] yet they are at a higher risk of sexual abuse and other forms of violence than children without disabilities.[90] There is also a growing number of children with intellectual disabilities coming to the attention of the authorities for engaging in harmful sexual behaviours.[91]

80.       It is within member States’ competence to make comprehensive sexuality education compulsory for all children and they are strongly encouraged to do so for the reasons set out above. In its Resolution 2331(2020), the Parliamentary Assembly of the Council of Europe (PACE) called on States to ‘ensure that age-appropriate sexuality education is mandatory for all pupils, and that children cannot be withdrawn from it.’[92] PACE reaffirmed the importance of making comprehensive sexuality education mandatory for all children in subsequent Resolutions in 2023 and 2026.[93]

81.       The European Court of Human Rights has repeatedly upheld mandatory comprehensive sexuality education as permissible under the Convention. Parents have challenged the mandatory nature of comprehensive sexuality education as a violation of their rights, often their right to freedom of religion and belief. The Court has consistently rejected these claims. Learning and being educated in comprehensive sexuality education that differs from parental beliefs does not undermine the rights of parents to educate their children in their own beliefs as comprehensive sexuality education does not restrict what is taught within the home and it recognises the role of parents in educating their children. Furthermore, mandatory comprehensive sexuality education pursues a legitimate aim as it is designed to protect and prevent children from violence and is delivered in an objective, science-based, critical and pluralistic manner. In Dojan v Germany, the Court found that any claim that comprehensive sexuality education breached Art. 2(1) of the Optional Protocol (right of parents to educate children) was manifestly ill-founded and that any breaches of Art. 8 (the right to privacy) and Art. 9 (the right to freedom of religion and belief) of the ECHR would be justified.[94]

82.       Most of the children and young people who participated in the consultations were in favour of making the provision of comprehensive sexuality education compulsory. An expansion of a previously quoted comment of one participant is worth repeating here: “Since it should be mandatory, you have to do it – there’s no choice. Sexual education is a human right, just like food, warmth, and shelter.”[95]

9.         Comprehensive sexuality education in practice

83.       It is recognised that the delivery of comprehensive sexuality education will vary from state to state but differences in delivery must not undermine the protection of children’s rights. Member States should review laws, policies and regulations that impede the implementation of comprehensive sexuality education. Comprehensive sexuality education curricula and their implementation should be legally regulated and regularly monitored and evaluated in all educational settings. Member States should consider how interactions between formal, informal and non-formal educational settings can strengthen all stages of comprehensive sexuality education’s development process and more broadly to protect and prevent violence against children. Children and experts in child development are key stakeholders in this process.

84.       The right of children to participate in decision making that affects their lives is recognised in multiple legal instruments, most notably Arts. 12 and 19 of the UN CRC and Art. 9 of the Lanzarote Convention. It is also the fourth dimension of substantive equality. Children, depending on their age and maturity, have the capacity to contribute meaningfully to the development and review of comprehensive sexuality education curricula. Not only are they best placed to review content in terms of its accessibility, their assessment of its relevance can also improve the content and delivery of the education. Due to rapid social, cultural and technological changes, their experience of childhood is vastly different from those of adults only a generation or so older than them. Including children in monitoring and evaluation activities will enable children to advocate for their rights and promote intergenerational dialogue.

85.       Children’s participation in all the stages of the development process of comprehensive sexuality education curricula should include all children, making sure children at the intersection of a range of identity characteristics, experiences and circumstances are included in participation activities. Examples include giving children who live in rural communities access to good quality technologies to be able to actively engage in participation activities with respect to comprehensive sexuality education or pioneering innovative participation methods to ensure the participation of children not in formal education. Participation processes should also recognise that some children will have experienced violence, and the adoption of trauma-informed approaches and appropriate safeguarding measures would benefit them and all children participating in the process. More generally, it is likely that the greater the availability of comprehensive sexuality education will increase the ability of children to safely and productively engage in all stages of the development process of comprehensive sexuality education curricula. To optimise child participation, and meet the right of the child to participate, member States will need to allocate financial, material and human resources.

86.       Mechanisms for monitoring comprehensive sexuality education should be child friendly. Resources should be allocated to raise awareness on the value of comprehensive sexuality education in terms of preventing various forms of violence against children and thus protecting them from that violence, to raise awareness on systems for reporting such violence and to promote healthy interpersonal interactions and relationships.

87.       The Recommendation recognises and respects the role of civil society organisations in preventing and combatting violence against children. Art. 9 of the Lanzarote Convention and Arts. 7 and 9 of the Istanbul Convention require state parties to encourage, support and facilitate the participation of civil society in the development and implementation of state policies, programmes and initiatives to combat child sexual exploitation and abuse, as well as violence against women and girls.

88.       States should ensure the structures of research and data collection, such as impact assessments and longitudinal studies, are designed to capture the relevant knowledge and information so comprehensive sexuality education can be regularly updated to educate children about contemporary vulnerabilities and risks of violence. This will increase the capacity of comprehensive sexuality education to prevent and protect against these risks, noting again that the legal obligation to prevent and protect children against violence rests with the State and not the child. The Lanzarote Committee report on data collection mechanisms on child sexual exploitation and sexual abuse provides guidance to States on data disaggregation in the context of sexual violence against children.[96]