Jimenez Alonso and Jimenez Merino v. Spain, dec., No. 25781/94, ECtHR (Fourth Section), 25 May 2000

Sex education in public primary schools  does not breach art. 2 of the first additional Protocol of the ECHR, as long as it conveys informations in an objective, critical and pluralistic manner.

Art. 2 Prot. No. 1 ECHR

1. The second sentence of Article 2 of the first additional Protocol of the ECHR aims at safeguarding the possibility of pluralism in education, which possibility is essential for the preservation of the “democratic society” as conceived by the Convention. Therefore, although setting and planning of the curriculum fall in principle within the competence of the Contracting States and the second sentence of Article 2 of the Protocol does not prevent States from imparting through teaching or education information or knowledge of a directly or indirectly religious or philosophical kind, in fulfilling the functions assumed by it in regard to education and teaching, the State must take care that information or knowledge included in the curriculum is conveyed in an objective, critical and pluralistic manner.

2. Where the introduction of sex education in schools is aimed at warning students about the excessive frequency of births outside marriage, induced abortion and venereal diseases and informing students about how to take care of themselves and show consideration for others in this regard, it is consistent with the public interest and, although it has a moral aspect, it cannot be qualified as indoctrination. Therefore, if sex education provides information in an objective and pluralistic way, without taking sides in favour of a specific type of sexual behaviour, it does not constitute indoctrination and does not affect the right to respect for parents' religious and philosophical beliefs.