Violation of household competence and rainbow indoctrination. "Health Education" violates the Constitution

The removal from schools of the subject of ‘Bringing up for life in the family’ and replacing this subject with a fresh one, ‘Health Education’, means depriorizing the function of the household in the state and society, is contrary to Articles 18 and 71 of the Constitution. The Constitution clearly states that the household is the foundation of a well-functioning and serving state citizens, says legal advisor Grzegorz Ksepko. In an article published in the Catholic Information Agency, the specialist cited doubts about the plans of the Ministry of Education.

On 31 October, the Ministry of Education published a draft regulation amending the programme basis in primary and secondary schools. alternatively of ‘Beaching for a Family’, the ‘Health Education’ was introduced.

Unfortunately, this task violates a number of key provisions of the Constitution of the Republic of Poland dated 2 April 1997. It should be remembered that according to Article 8 of the Constitution, it is the highest law of the Republic of Poland and its provisions apply directly, unless the Constitution provides otherwise.

The breached articles of the Constitution are primarily:

Article 18. [Protection of marriage, family, motherhood, parenting]

Marriage as a union between women and men, family, motherhood and parenthood are protected and cared for by the Republic of Poland.

Article 33. [Equipment of women and men]

1. Women and men in the Republic of Poland have equal rights in family, political, social and economical life.
2. In particular, women and men have an equal right to education, employment and promotion, equal pay for work of equal value, social safety and to take up posts, to service and to gain public dignity and honours.

Article 38.

The Republic of Poland provides everyone with legal protection of life.

Article 48. [Parents' rights; limitation or deprivation of parental rights]

1. Parents have the right to rise their children according to their own beliefs. This upbringing should take into account the maturity of the child, as well as the freedom of his conscience and religion and his beliefs.
2. The limitation or deprivation of parental rights may only take place in the cases laid down in the Act and only on the basis of a final judgement of the court.

Article 71. [Family's right to state aid]

1. The state in its social and economical policy takes into account the welfare of the family. Families in a hard material and social situation, especially multi-children and incomplete families, are entitled to peculiar assistance from public authorities.
2. The parent before and after the birth of the kid has the right to peculiar assistance from the public authorities, the scope of which is determined by the law.

Article 72.

1. The Republic of Poland provides protection of the rights of the child. Everyone has the right to require public authorities to defend the kid against violence, cruelty, exploitation and demoralisation.
2. A kid deprived of parental care has the right to care and aid public authorities.
3. When determining the rights of the child, public authorities and those liable for the kid shall be obliged to hear and, where possible, take account of the opinion of the child.
4. The law defines the competence and manner in which the Ombudsman is appointed.

Moving to individual infringements – in the field of alleged wellness education – the following must be indicated.

The removal from schools of the subject of ‘Bringing up for life in the family’ and replacing this subject with a fresh one, ‘Health Education’, means depriorizing the function of the household in the state and society, is contrary to Articles 18 and 71 of the Constitution. The Constitution clearly states that the household is the foundation of a well-functioning and serving the citizens of the state – Therefore, it gives this basic cell a healthy society special, superior legal protection. Meanwhile, the draft regulation under consideration emphasizes the isolation of individuals from their natural household environment.

For example, p. 15 of the draft regulation indicates that the function of the school is to "change sex stereotypes and explain their negative impact on human function". This evidence is contrary to the provisions of the Constitution referred to above, namely Articles 18 and 71, and to Article 33 of the Constitution.

The fundamental legal order of the Republic of Poland is based on the natural division between 2 sexes – women and men. The introduction of conceptual chaos through arbitrary (disposed of technological grounds) disqualification of the exhaustion of this division of things is, in fact, intended to bring about a breakdown of the legal order and of social ties, as well as a very dangerous relativisation of the law. What's worth noticing,the text of the draft regulation or its justification, practically does not usage the terms ‘woman’, ‘man’, ‘girl’, ‘boy’.

On pages 26 and 27 of the project, it was written that the function of the school is to "develop the concept of psychosexual orientation and directions of its improvement (heterosexual, homosexual, bisexual, asexual) and to explain concepts: sex identity, cisporciality, transsexuality". This regulation is contrary to Articles 18, 33 and 71 of the Constitution. For, he is disavowing the function of family, marriage, and parenting.

On page 33 of the project, the following conviction is inserted: "In view of the circumstantial nature of the objectives of wellness education, among the working methods and techniques best suited to teaching wellness education are: working in groups, brainstorming, metaplan, discussion, various forms of debate, case study, simulation, function playing and drama. Among the methods that activise a peculiar place in the teaching of “Health Education” is the educational project, the implementation of which by students is simply a compulsory part of the teaching process.”. This may mean teaching children from the age of 10 to establish sexual relations through various types of shows, or even forcing them to play roles as part of classes. This constitutes a violation of Article 72 of the Constitution.

On page 68 of the draft regulation (Section VII – "Sexual Health") the leading question is: "How do we keep sexual wellness throughout life, utilizing evidence-based data and make relationships based on respect for everyone?". The function of lifelong sex education and its impact on safety and the ability to make satisfactory relations is further discussed. Significantly, the authors of the text usage the phrase "satisfying relationships", which is simply a mention to hedonism isolated and selfishly behavioral individuals, alternatively than to the building of a society based on appropriate family, neighbourly and another building, alternatively than destructive, human and community.

Na s. 70 it was pointed out that the function of the school should be "to clarify concepts: abortion, abortion; to exchange ethical, legal, wellness and psychosocial conditions concerning abortion". It should be recalled here that abortion is in rule a crime in Poland. Teaching children to commit a crime is contrary to the regulation of law as set out in Articles 2 and 7 of the Constitution. It besides constitutes a violation of Article 38 of the Constitution, establishing the protection of human life.

On the same side of the draft regulation, there are "determinations of the sexual standard partnership". It is hard to say precisely what is going on here, but should the function of the state be to organize people's sex life in specified a detailed way?

On p.71 of the draft regulation establishes an work for the school to "disclosure legal and social issues related to LGBTQ+ membership and to describe sex stereotypes, including sexual stereotypes, and to discuss their negative impact on human improvement and interpersonal relations and to discuss ways of combating them". This constitutes a violation of Article 48 of the Constitution. It is up to parents to decide how and whether to talk to a kid about these disorders of human sexuality. The formulation of the "sex stereotype" (the pejorative dimension) one more time attacks the family, matrimony and relations (including sexual relations) between a man and a woman, protected by the Constitution.

In relation to the proposed means of implementing educational content, 1 peculiar point should be taken – on page 79 of the project: "organising events in the cycle "Better Prevent Than Treating" and "With illness Lives" – meetings with national authorities and local celebrities or "people of success", promoting a healthy lifestyle, as well as those surviving with chronic disease". However, it does not explain what qualifications these people have in order to prevent them from spreading content incompatible with the welfare of their students.

Page 2 of the draft regulation states that "the usage of current cognition based on technological evidence and many years of experience in the implementation of education and prevention of wellness in Poland and in another countries is crucial". However, no circumstantial analyses or test results have been mentioned. specified papers should at least be referred to in the explanatory memorandum in specified a way as to enable a reliable verification of their content.

The draft government under consideration contains many interior contradictions, including at least 1 of a fundamental nature. Well, p. 70 says about the dangers of pornography and sexualisation. However, the content and teaching methods proposed under the fresh subject "Health Education" are a form of sexualisation of children. In the catalogue of permitted methods it is besides easy to find possible usage of pornography for "educational" purposes.

In conclusion, the state is trying to enter the sphere reserved for the household environment. For the first time, intimate matters of a man become the subject of compulsory teaching at school. In doing so, parents are deprived of the constitutional right to decide on the way children are raised under their care. This is simply a step that coincides with the engagement of any politicians to remove spiritual lessons from schools as being supposedly exclusively private. Consistently, then, since the spiritual worldview is an extra-public thing, the more sexual it is.

Grzegorz Ksepko, Legal Advisor

KAI