Key Benefits:
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DRAFT LAW NO. 660 /X
ESTABLISHES THE REGIME OF APPLICATION OF THE
SEXUAL EDUCATION IN A SCHOOL MEDIUM
Exhibition of Motives
The guarantee of sexual and reproductive health in contemporary society is a condition
necessary for the harmonious development of the human person.
The recognition of gender equality, the right of access to contraception, to
promotion of responsible and conscious motherhood and parenthood, the
generalization of family planning, and the guarantee of non-discrimination in
function of sexual orientation, they assume today as achievements of the Portuguese, and
are already properly framed in the Portuguese legal planning.
The recognition of sexual education and family planning as
fundamental components of the right to education, in 1984; the regulation of
family planning consultations, in 1985; the drive given to sex education, and the
establishment of support offices in schools, in 1999; the compulsory of the
promotion of sexual health and reflection on topics of human sexuality in
school half, in 2000; and the plummeting of the voluntary termination of pregnancy,
in 2007, represent relevant moments in the history of sexual health and
reproductive of the Portuguese, who had the most decisive contribution of the Youth
Socialist, and of the Socialist Party and of its Governments.
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In this context, a scheme for the application of sex education in schools will constitute
yet another determinant step for the sexual and reproductive health of young people
Portuguese.
The reality in relation to sex education in Portuguese schools is known and
still unsatisfactory. Being aware of the inadequacies identified in this area,
the XVII Constitutional Government promoted the constitution of a Working Group
for Sexual Education (GTES), composed of recognized experts and
coordinated by Prof. Doctor Daniel Sampaio; the result of the work of this
group, focused on the concretization of sex education in Portuguese schools, was
recently brought in the public.
It matters to be present that the numbers of HIV/AIDS infected in Portugal (with
more than 30 thousand infected Portuguese, of which 15% under the age of 25 years), the
high rate of adolescent pregnancy, and social behaviors
discriminations in relation to gender and sexual orientation, are still
sufficiently worrying to justify new measures that ensure a
effective application of sexual education in a school medium.
Indeed, these data, cotejed with the latest study carried out by the
Association for the Planning of the Family (APF) on the sex education of the
young Portuguese, and which reveals their difficulties to discuss themed with
parents (more than 50% percent have never spoken to their father about sexuality, and more than 30% percent
have never spoken to their mother), and in which a broad majority assumes having already had relationships
sexual, make imperative a complementary role of the school in the matter of
sex education, as young Portuguese and European people pass about
two thirds of the day at school.
Recognizing in all this the indispensable role of the family, the parents, the
instructs for education and teachers as decisive partners in the
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sexual education of adolescents and young Portuguese, and with the aim of
concretize the essential of the findings resulting from the meritorious work
developed by GTES, conferring a new impetus to the promotion policies of the
education for reproductive and sexual health, the Parliamentary Group of the Party
Socialist presents the present draft law establishing the regime of
application of sex education in Portuguese schools.
The new regime that it is proposing defines, inter alia, the purposes of the
sexual education, the curriculum content for the different levels of education and the
respective hourly load, framing, from the legal point of view, the figure of the
teacher-coordinator of education for health and sex education, as well as the
information and support enclosures proposed by the GTES, further promoting the creation
of an annual day of sex education in schools.
Thus, in the terms of the applicable constitutional and regimental provisions, the
Deputies of the Parliamentary Group of the Socialist Party present the following
draft law:
Article 1.
Object and scope
1. This Law establishes and regulates the application of sex education in the
establishments in basic education and secondary education.
2. This Law shall apply to all establishments in the public network, as well as
to the establishments of the private and cooperative network with contract of
association, of all the national territory.
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Article 2.
Purposes
They constitute purposes of sex education:
a) The valorisation of sexuality and affectivity among the people in the
individual development;
b) The development of skills in young people enabling choices
informed and safe in the field of sexuality;
c) The improvement of the affective-sexual relationships of young people;
d) The reduction of negative consequences of sexual behaviors, such
such as unwanted pregnancy and sexually transmitted infections;
e) the ability to protect in the face of all forms of exploitation and abuse
sexual;
f) respect for the difference between the people and the different orientations
sexual;
g) The valorisation of responsible and informed sexuality;
h) The promotion of gender equality;
i) The recognition of the importance of participation in the educational process of
in charge of education, students, teachers and health technicians.
Article 3.
Modalities
1. In basic education, sex education integrates within the framework of education for the
health, in the non-disciplinary curricular areas.
2. In secondary education, sex education integrates within the framework of education
sexual in the disciplinary and non-disciplinary curricular areas.
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3. The provisions of the preceding paragraphs shall be without prejudice to the transversality of the
sex education in the remaining disciplines of the curricula of the various years.
Article 4.
Curricular contents in basic education
1. Sexual education in basic education should behave the following content
curriculars up to the 4 th year of schooling:
a) Notion of body;
b) The body in harmony with nature;
c) Notion of family;
d) Differences between boys and girls;
e) Protection of the body and notion of limits.
2. Sexual education in basic education should behave the following content
curriculars in the 5 and 6 years:
a) Biological and emotional aspects of puberty;
b) The body in transformation;
c) Secondary sexual characters;
d) Diversity and tolerance;
e) Sexuality and gender;
f) Human reproduction and growth;
g) Contraception and family planning.
3. Sexual education in basic education should behave the following content
curriculars between the 7º and the 9 year of schooling:
a) Understanding of the general physiology of human reproduction;
b) Understanding of the menstrual and ovulatory cycle;
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c) Understanding of sexuality as one of the most sensitive components of
human person, in the context of a life project that integrs values and
an ethical dimension;
d) Understanding of the prevalence, use and accessibility of methods
contraceptives and to know, summarily, the mechanisms of action and
tolerance;
e) Understanding of the epidemiology and prevalence of major infections
sexually transmitted in Portugal and the world, in particular HIV/AIDS
and the VPH/Virus of the Human Papilloma, its consequences and methods of
prevention;
f) Knowledge of national maternity rates and trends in general and
adolescence in particular and understand the respective meaning;
g) Knowledge of the rates and trends of voluntary interruptions of
pregnancy and its meaning;
(h) Understanding the notion of parenthood in the framework of a sexual health and
healthy and responsible reproductive;
i) Knowledge of the existing legislation and the services to which they may chain in the
scope of sexual and reproductive health.
4. The curricular contents provided for in points (a) to and) of the preceding paragraph
should be addressed, preferably, in the 7. and 8.
5. The curriculum contents set out in paragraph (f) and (g) of paragraph 3 shall be
addressed, preferably, in the 8. and 9.
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Article 5.
Curricular contents in secondary education
Without prejudice to a new approach to the planned content for teaching
basic, sex education in secondary education should behave the following
curriculum contents:
a) Strengthening the knowledge of the physiology of reproduction and sexuality
human;
(b) Strengthening knowledge about contraception;
(c) Strengthening informed and safe choices in the field of sexuality;
d) Respect for equality between people regardless of gender
and / or sexual orientation;
e) Understanding of the issues concerning sexual and gender violence, well
as the ethical issues of sexuality and loving relationships;
f) Knowledge of the existing legislation and the services to which they may chafe at the
scope of sexual and reproductive health.
Article 6.
Hourly load
The hourly burden dedicated to sex education, at each level of education, cannot be
less than 12 hours per academic year, subdivided equitably by the various
lective periods.
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Article 7.
School educational project
Sex education is the subject of compulsory inclusion in the educational projects of the
groupings of schools and unbundled schools, in the molds defined by the
respective general counsel, heard the student associations.
Article 8.
Personal Docent
1. Each cluster of schools and non-grouped school shall designate a
teacher-coordinator of education for health and sex education.
2. Each cluster of schools and non-grouped school should have a team
interdisciplinary education of education for health and sex education, with a
size appropriate to the number of existing classes, coordinated by the
teacher-coordinator.
3. Compete to this team:
a) Gerir the information office and support to the student;
b) Ensuring the application of curriculum contents;
c) Promoting the involvement of the educational community;
d) Organize curriculum supplementation initiatives that judge appropriate.
4. Each class has a teacher responsible for education for health and
sexual education.
5. Regional Directions of Education should ensure follow-up,
supervision and coordination of education for health and sex education in the
groupings of schools and non-grouped schools, being responsible for the
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production of periodical evaluation reports based, inter alia, on
questionnaires held in schools.
6. The necessary qualifications, as well as the conditions for the exercise of the
functions set out in this Article, shall be fixed by dispatch of the
a member of the government responsible for the area of education.
Article 9.
Partnerships
1. Without prejudice to the provisions of the previous article, education for health and
sex education should have the follow-up of the health professionals of the
health units and the respective local community.
2. The Ministry of Health shall ensure the conditions for cooperation of the units of
health with the groupings of unbundled schools or school.
3. The Ministry of Education and the groupings of schools and schools not
grouped together can still establish partnership protocols with organizations
nongovernmental, duly recognized and specialized in the area, to
development of specific projects, in moulds to be regulated by the
Government.
Article 10.
Information and Support Offices
1. The clusters of schools and non-grouped schools of the 2. and 3. cycle of teaching
basic and secondary school, should make available to students an office of
information and support within the framework of education for health and sex education.
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2. The attendance and operation of the respective information and support office
are ensured by professionals with training in the areas of education for the
health and sex education.
3. The information and support office of each school articulates its activity with
the respective health units of the local community or other bodies of the
State, namely the Portuguese Institute of Youth.
4. The office of information and support shall ensure a period of
minimum operation of 3 hours per week.
5. Schools make available a decent space for operation of the
cabinet, organized with the participation of the students, which guarantees the
confidentiality to its users.
6. Information and support offices should be integrated into the projects
educational of the groupings of schools and non-grouped schools, involving
especially students in the definition of their objectives.
7. In the secondary school, the information and support office shall ensure to the
students the free distribution of non-subject contraceptive methods to
medical prescription, existing in the health units.
Article 11.
Day of Sexual Education
Each grouping of ungrouped schools or school should dedicate one day in each
year lecturer to sex education, involving the school community in lectures,
debates, training or other activities on the topic, using always that
necessary, the collaboration of other public entities and organizations not
government.
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Article 12.
Participation of the school community
1. The instructorates of education, students and their respective structures
representative should have an active role in the pursuit and realization of the
purposes of this Law.
2. Without prejudice to the purposes of sex education, the respective communities
school, in particular the pedagogical advice, can develop all the
curriculum supplementation actions that they consider appropriate for a
better training in the area of sex education.
Article 13.
Regulation
The Government regulates the present diploma within 120 days after it
publication.
Article 14.
Evaluation
The Government sends to the Assembly of the Republic a comprehensive assessment report on
the application of sex education in schools, based on the regular reports of the
regional education directions, after the two lective years following the entry into
vigour of this Law.
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Article 15.
Entry in Vigor
1. Without prejudice to the provisions of the following paragraphs, this Law shall enter into force
at the beginning of the academic year 2009/2010.
2. Information offices and support to the student must be in operation
in all groupings of schools and schools not grouped up to the beginning of the
lective year 2010/2011.
3. The provisions of Article 11 shall come into force in the current academic year.
Assembly of the Republic, February 10, 2009
The Deputies,