Legal basis of comprehensive sex education questioned
MANILA, Philippines — Sen. Sherwin Gatchalian has raised concerns over the constitutionality of Comprehensive Sexuality Education (CSE), arguing that it lacks a clear legal basis.
Gatchalian, who chairs the Senate committee on basic education, pointed out that the existing legal framework only mandates reproductive health education under the Responsible Parenthood and Reproductive Health Law (RPRH) of 2012.
“In a sense, it is unconstitutional because it is not in the law,” Gatchalian said in an interview over dzBB. “Comprehensive sexuality education was not legislated. What was legislated was reproductive health education under the Reproductive Health Law in 2012. So, it has no legal basis. In other words, CSE is not anchored on the Reproductive Health Law.”
Gatchalian issued the statement following the growing debate over the implementation of CSE in the country’s basic education curriculum.
While proponents argue that CSE is crucial for equipping students with accurate and age-appropriate information on reproductive health and rights, critics assert that it should adhere strictly to what is legislated under Philippine law.
Instead, Gatchalian advised the Department of Education (DepEd) to adhere strictly to the provisions of the RPRH Law in implementing sex education, emphasizing the need for parental consultation and public consensus.
“My advice to DepEd is to go back to the basics, return to the original concept of sex education as outlined in the RPRH Law,” Gatchalian added. “That is what we should implement because it is already mandated by law.”
The senator underscored the importance of consulting parents regarding CSE, given its sensitive nature.
“CSE is important, but we need to consult parents and hear the voice of the public because this is a very sensitive topic. If you want to teach this to kindergarten students, you should ask kindergarten parents if they are comfortable with it because these are their children,” he said.
Education and health advocates continue to push for the full integration of CSE, citing its importance in addressing issues such as teenage pregnancies and sexually transmitted infections.