By Adv Nadene Badenhorst, FOR SA Legal Counsel
\
Many parents have asked what they can do about the inclusion of sexuallyexplicit and/or inappropriate content in the proposed new Life Orientation curriculumto be taught in our schools. They areconcerned that the new curriculum will undermine their parental rights to raisetheir child/ren according to their religious (or moral) convictions andbeliefs.
The Department’s response
Following a public outcry from parents and even the teachers’ union SAUO in response to the Sunday Times article entitled “Grade 4s to learn about masturbation in new life orientation curriculum”, the Department of Basic Education (“the Department”) has denied and distanced itself from this media report. The Department confirmed that “Dr Eve”, a sex therapist whose liberal views on sex and human sexuality are well-known, has been a member of the team reviewing the curriculum.
The new curriculum is alleged to include topics such asmasturbation, sexual consent, gender non-conformity and pornography and toportray these as being “mainstream”. However,the Department has statedthat it has not yet completed its research, nor has the new curriculum beenwritten/published, nor has the necessary (and extensive) teacher training takenplace. They say that this outcry istherefore premature, particularly because this new curriculum is only due forimplementation in 2020.
The view of the Department is that there is a significant problem inschools because there are multiple cases of teenage girls becoming pregnant andthe transmission of sexual diseases such as HIV/AIDS. They, therefore, believe that they have aresponsibility to ensure that children are taught on this topic.
Parental rights and choice
While this argument is clearly valid, it nevertheless remains theright of parents to teach their own children on a subject which has thepotential to influence the course of their entire life. This must remain squarely the prerogative andthe right of parents, not the State. Thedanger – clearly evidenced by how Comprehensive Sexuality Education (“CSE”) hasbeen implemented internationally – is that CSE is typically aimed atsexualizing children, rather than teaching them about sex and itsresponsibilities. So while it may well be that many parents arehappy for their children to be taught whatever the State may deem appropriate, therights of those who do not must nevertheless be respected and upheld.
FOR SA has met with the Department on a number of occasions to raiseconcerns on how CSE will be implemented in South Africa. It is evident that – unlike a subject likemathematics – teaching on sex and sexuality is clearly laden with underlyingvalues. Our talks have therefore mainlyrevolved around the importance of respecting parents’ rights since they havethe primary right and responsibility to raise their own children according totheir own system of values and beliefs. Parentsshould therefore not be forced to expose their children to teaching about sexand sexuality, which may well be in conflict with their own values, beliefs andopinions.
When pressed by FOR SA, the Department’s spokesperson, Mr Mhlanga,said that he would only respond to the following questions in writing:
Action plan
FOR SA will be meetingwith the Department of Basic Education on Monday 10th June to gainclarification on these issues, and put forward proposals which we believe willaddress the issues while at the same time protecting parental rights andchoice. We will issue a statement and our recommendations for further actionthereafter. For moreinformation and developments with regard to this issue, follow us on ourwebpage at forsa.org.za and on Facebook at “Freedom ofReligion SA”.
[author] [author_info]Nadene is an Advocate, and practised as a member of the Cape Bar for a number of years. She holds both a BA LLB degree from the University of Stellenbosch and a LLM degree in International Human Rights Law (cum laude) from the University of Essex. She currently serves as a Next Generation Board Member on the Advocates Africa Board, representing Southern Africa.[/author_info] [/author]
Support FOR SA
Freedom of Religion South Africa (FOR SA) is dedicated to protecting and preserving the freedoms and rights that the South African Constitution has granted to the faith community. You can help FOR SA protect our freedom by:
Freedom of Religion South Africa (FOR SA) is dedicated to protecting and preserving the freedoms and rights that the South African Constitution has granted to the faith community. If you have found this helpful, please consider supporting the work of FOR SA to protect our constitutional right to enjoy the freedom of religion by:
Vision & mission
Join us
Company details
Are you in trouble?
Enquiries
Privacy Policy
Terms & conditions
Cookie Policy
Donate Now
NOTE & DISCLAIMER
FOR SA currently has a support base of religious leaders and individuals representing +/- 6 million people across a broad spectrum of churches, organisations, denominations and faith groups in South Africa.
FOR SA is not registered as a law firm and therefore cannot (and does not) give legal advice for which we can attract any legal liability; neither can we charge legal fees for our services.