Bet365 sportsbook review
Issue 4, 2022
Chinese tutor
Chen Wei
bet365 appAssistant Researcher,Doctor of Laws from Peking University
Abstract: Family sex education as a legal system,Essentially, it is a collection of parents’ rights and obligations in teaching sexual matters。Article 16 of the "Family Education Promotion Law" clarifies the educational responsibilities of parents in preventing sexual assault,Established basic goals for family sex education。However,This provision is not enough to cover the entire content of the family sex education system,In combination with the "Law on the Prevention of Juvenile Delinquency" and other legal provisions,The legal norms of family sex education in my country focus on preventing others from sexually assaulting minor children、Protective requirements to prevent underage children from committing crimes against others。Constructing practical goals of family sex education,It is necessary to integrate the Constitution、The provisions and spirit of civil law and other departmental laws,On the basis of sexual assault prevention education,Parents should strive to practice the concept of comprehensive sex education,To fully satisfy minors’ constitutional right to education、Requirements for the right to comprehensive personality development。
Keywords: Basic rights;Duty to protect;Preventing juvenile delinquency;Sexual Assault Prevention Education;Comprehensive Sexuality Education
1. Raising the question
Article 16① of the "Family Education Promotion Law" stipulates at the legal level for the first time that parents or other guardians of minors (hereinafter "parents or other guardians" are collectively referred to as "parents") shall carry out "safety measures to prevent sexual assault and other aspects" Knowledge Education",Provides a basis for parents to carry out family sex education in accordance with the law。This provision is consistent with Article 30 and Article 40, Paragraph 2② of the "Law on the Protection of Minors"、Article 12③ of the "Law on the Prevention of Juvenile Delinquency"、The provisions of Article 13, Paragraph 3 of the "Population and Family Planning Law" on "physiological hygiene education", "adolescence education", "sexual health education" and "sex education" jointly construct the legal system of sexual education for minors in our country,Basically covers the countries with minor sexual education、School、Family、Parents、The rights and responsibilities of minors and other subjects、Rights and Obligations。
In these legal provisions,The provisions on family sex education in the "Family Education Promotion Law" are both general,Also special。From a general perspective,The provision of this article is "Parents or other guardians shall...carry out...family education",Other laws also regulate schools、Kindergarten and other entities "should" proceed、Strengthen or carry out sex education,This way of regulation shows that family sex education is the legal obligation of parents、It is the duty that parents must fulfill。Why does family sex education become the legal obligation of parents、How parents can effectively implement the legal responsibility of family sex education,These are questions that need to be answered in detail in theoretical construction and institutional refinement。From the perspective of particularity,This article places sex education in the system of "safety knowledge education",And determine the goal or scope of family sex education as "sexual assault prevention" education,Reflects the original legislative intention of legislators to place special emphasis on safety。However,In addition to sexual assault prevention education,Where else can the legal space for family sex education be extended,No answer to Article 16 of the "Family Education Promotion Act",Can’t answer either。Therefore,It is necessary to integrate the provisions of multiple departmental laws such as the Constitution, the Civil Code, and the Law on the Protection of Minors,Constructing the implementation space of my country’s family sex education system。
This article will combine social topics related to the sexual education of minors,Legal characteristics of family sex education、Normative connotation、The implementation goal is the core proposition,Starting from Article 16 of the "Family Education Promotion Act",Try to analyze the normative connotation of family sex education as a legal system,Exploring the boundaries of family sex education rights and obligations,Response to issues such as the basic scope and methods of carrying out family sex education in accordance with the law,In order to provide intellectual support for the theoretical construction and practical development of family sex education。
2. Legal characteristics of family sex education
Family sex education itself includes four basic elements: First,Who will teach - parents or other guardians;Second,Who to educate - minors,Includes babies、Children、Youth、Teens and other natural persons under the age of 18;Third,Where to teach - within the family,Including daily life of family members、The place where you live (the geographical location is relatively fixed、Closed),Also includes other specific places where parents choose to talk to minors about sex (e.g.,Teaching reproductive health knowledge during medical treatment,Conveying sexual-related morals, etc. during outings,Although the geographical location is uncertain,But the teacher and the educated are fixed,As long as parents and children are together);Fourth,What to teach - knowledge related to sex、Morality、Faith, etc.,In short, it is knowledge in the sexual field。The first three basic elements are shared by all types of homeschooling,The fourth basic element leads to family sex education and family moral education、Family Labor Education、Different types of family education such as family aesthetic education create differences。Based on the definition of family education in the "Family Education Promotion Act" ⑤,Family sex education is essentially a specific educational behavior implemented by parents for their minor children,That is, "family sex education = parent sex education",The legal attributes of family sex education are subordinate to the legal attributes of parents’ educational behaviors,Should be placed in the latter’s institutional system,Then discuss specific legal features。
(1) Characteristics of Civil Law
Parents’ behavior in educating their minor children,First of all, it is a civil law act,Educating minor children is a civil right of parents,It is also its civil law obligation。The legal characteristics of parents’ education of minor children from the perspective of civil law can be understood from four aspects。
First,Parents carry out sex education for underage children,It is a kind of thing that must not be given up、Legal obligation to pass the buck。The Civil Code starts from the guardianship system,"Raise your parents"、Education and protection of minors is considered an obligation,This kind of support、The obligations of education and protection constitute the basic content of the guardianship system,Therefore,Sex education for minors should also follow the basic principles of the guardianship system、Methods and Boundaries。
Second,Parental sex education is both a civil obligation and a civil right。The "Civil Code" stipulates the isomorphism of rights and obligations regarding educational behavior in terms of family relations: "Parents have education、Protecting the rights and obligations of minor children。”Some civil law scholars describe the isomorphism of parents’ rights and obligations as “parental responsibility”[1]。From the perspective of rights,Parents can freely choose the content of teaching、Teaching methods,With self-selection、Self-determining characteristics。In other words,Parents have the right to choose those they support、Pass sexual knowledge and concepts that you agree with to your minor children,Parents also have the right to choose to educate their minor children with the sexual knowledge and concepts attached to their religious beliefs,"Economy approved by the Standing Committee of the National People's Congress、Article 13, paragraph 3⑥, of the International Covenant on Social and Cultural Rights recognizes this。In our country,Sex-related topics have a certain sensitivity,The sex education carried out by parents within the family on their minor children also reflects the characteristics of privacy,Parents naturally don’t want outsiders to watch、Listen to this high affinity、Ethics、Privacy discussions,I don’t want to be disturbed or interfered by outsiders。The civil law provides parents with the right to ask others to remove obstacles and stop interference。
Third,Parents’ rights and obligations in sex education advance and retreat with the parents’ legal status。About the distribution of educational rights and obligations within the family and in the state of divorce,The Civil Code equally distributes educational rights and educational obligations to both spouses,Parents’ right to continue education after divorce,You also need to continue to bear educational obligations。In other words,The rights and obligations of educating minor children,With minor father、Mother’s legal status tied together,Father、Mother (husband in mutual relationship、The wife) must cooperate sensibly within the family,The right to exercise sex education together、Work together to fulfill the obligation of sex education,One party cannot only enjoy rights、The other party only performs its obligations。
Fourth,Parental sex education behavior and upbringing、Protective behaviors are closely intertwined。From the perspective of civil rights and obligations,Parents’ educational behavior and upbringing、Protective behaviors are juxtaposed,Also intertwined with it。In other words,Parental sex education is often a close companionship bet365 casino live blackjackbetween parents and children、The process of teaching by words and deeds,Parents can integrate sex education into the daily care of their minor children、Under Education,It can also be integrated into the protection of the legitimate rights and interests of minors。
(2) Constitutional Characteristics
The sexual knowledge passed down within the family is not an “exclusive secret recipe”,Family sex education is not a closed space independent of society。Because minors have to fulfill their legal obligation to receive education and go to school,Gradually live a collective life、Public life,The sex education minors receive within the family will inevitably produce a “spillover effect”,The effect of affecting minors’ acceptance of sex education outside the family、Influence minors’ judgment and choices when facing sexual issues in social life (such as the possibility of committing sex-related crimes)。This "spillover effect" shows that "family education is not just an internal matter within the family,It is also related to public welfare”[2]。Therefore,The function of the Constitution to adjust state power and citizens’ basic rights has been triggered,Parents’ rights related to family sex education、Duties and responsibilities are radiated and affected by the Constitution。
First,Family sex education and school sex education exist side by side、Compete with each other。Although Article 49 of our country’s Constitution only stipulates that “parents have the obligation to raise and educate their minor children”,But this does not prevent us from demonstrating that the right to parental education is a basic right in the constitution through constitutional interpretation and other methods。[3]Although the "Family Education Promotion Law" clearly stipulates that "the family is the first classroom、Parents are the first teachers”,But family is not the only classroom for minors’ sexual education、Parents are not the only teachers of sexual education for minors,The reason lies in “the state’s setting of educational purposes、Organizational construction of school institutions、Enjoy legal rights in terms of content setting and other aspects of teaching courses,In principle, the country does not require parental consent,You can organize and carry out children’s sex education according to your own educational purposes”[4]。In short,Parents cannot monopolize the sex education of their minor children。This will form two parallel sex education systems: minors receive family sex education at home、Receive school sex education at school。Although the teaching body of family sex education and school sex education、Educational methods、Different educational environments,But those who receive sex education are the only ones。In the mind of the same child,Being a family、Schools export two different (even opposing) sets of sexual knowledge、Sexual Morality、Sexual concept,Children are bound to be confused and confused on issues related to sex,When it is uncertain what is right and what is wrong,School sex education and family sex education compete with each other。
From the perspective of family sex education,If the school sex education textbook、Method、Scale、Content、Philosophy, etc. are inconsistent with parents’ sexual concepts,Regardless of whether parents specifically express support or opposition,They are all exercising the right to family sex education guaranteed by the constitution and law,This is because of parents’ participation in school sex education、Evaluation、Supervision,Belongs to the embodiment of specific rights such as "the right to choose a school" and the "right to participate in school affairs" among parents' sexual education rights[5],Even if parents object、Resist and even openly criticize school sex education,It also belongs to parents’ resistance to the intervention or intervention of state sex education rights in family sex education。Two education systems compete with each other,means there may be some degree of confrontation。for example,Parents think schools should not offer sex education courses so early,Perhaps asking minor children to treat them negatively、Refuse to accept sex education in school。At this time,Parents’ behavior may interfere with the school’s normal sex education activities,It may also trigger national public authorities to meet the legitimate sexual education needs of minors、Critical education implemented on the grounds of protecting minors’ right to sexual education、Admonition to stop、Supervise and accept family education guidance,Even measures such as deprivation of custody。for example,Article 105 of the "Law on the Protection of Minors" gives the procuratorial organs comprehensive procuratorial supervision powers in areas involving minors,“Aiming at parents’ firm resistance to school sex education、Parents teach with extremely conservative attitudes、Situations in which parents harm their children’s rights in sex education,Procuratorial organs should promptly intervene in family sex education”[6]。
Second,Family sex education and school sex education are mutually limited、Mutual boundaries。Although the "Minor Protection Law", "Minor Delinquency Prevention Law", "Population and Family Planning Law" and "Family Education Promotion Law" are schools、Parents set the scope of responsibilities for sex education respectively,However, the provisions of these laws on sex education are also limited to the fact that a certain (subject) should carry out safety knowledge education in "physiological hygiene education", "adolescence education", "sexual health education", "sex education" and "prevention of sexual assault" ”,Does not specify what sex education is、The scope of sex education (what content must be taught、What content can be taught、What content cannot be taught)、What kind of sex education should minors at what stage of growth receive、What is “age-appropriate” sex education,etc.。In other words,The current legal provisions on sex education are generally relatively simple,Although authorized school、Kindergartens and other educational institutions carry out sexual education for minors,But there is no clear specific scope of authorization,Although it is clear that parents should carry out "safety knowledge education on preventing sexual assault and other aspects",But there is no clear boundary of parents’ sex education responsibilities。
On this issue,Some provisions of departmental regulations and local regulations may provide some guidance in determining the scope of educational responsibilities。for example,The "Regulations on the Protection of Minors in Schools" promulgated by the Ministry of Education lists 6 specific types of special education in the field of life care education,And combine life care education and adolescent education、Sex education tied,Require schools to carry out relevant educational practices in a targeted manner,Provides relatively clear guidelines for school sex education。⑦ again,Both the "Fujian Province Family Education Promotion Regulations" and the "Zhejiang Province Family Education Promotion Regulations" clearly stipulate a specific responsibility of parents: to prevent and stop minors from watching、Read、Listen、Collecting or distributing pornography、Violence、Online information with obscene and other contents、Audio and video products、Electronic publications and reading materials。⑧However,Multi-faceted in reality、HUGE、Complex sex education practice comparison,The aforementioned regulations are still weak in determining "what is sex education in the legal sense"。Prophecy,Now we want to clarify family sex education through legal regulations、The specific scope or boundaries of school sex education is very difficult。The reality is,Family sex education and school sex education are often entangled with each other、Mutual limitation,Boundaries formed by collisions,This needs to be discussed within the tripartite relationship of "state-parent-child"。[7]As a basic right with constitutional value and constitutional significance,Parents’ right to sex education directly affects the formation of national sex education right,Plays a negative restrictive role in the allocation of national sex education rights。[8]In this sense,Family is not an extension of minors in school classes、Parents are not assistants to school teachers,Family sex education is not an appendage of school sex education,It is the "boundary mark" of the scope of school sex education activities,Similarly it can be seen,School sex education also sets boundaries in its collision with family sex education。
3. The normative connotation of family sex education
Legal provisions related to family sex education,Is the basis for parents to carry out family sex education activities,But if you want to promote parental science、valid、Accurately teach minors about sex、Sexual concept、Sexual Morality,We must first accurately understand the normative connotations of legal provisions related to family sex education,Understand the basic requirements of these regulations。It should be pointed out that,Although Article 16 of the "Family Education Promotion Law" is the current legal provision most directly related to family sex education,But the content of this article is not enough to fully support it、Fill in family sex education as a legal concept,Prophecy,This provision does not complete (and in fact cannot complete) the construction of the legal concept of family sex education,It also needs to be combined with the relevant requirements of other laws involving family sex education for a comprehensive analysis。
(1) The core essence of Article 16 of the "Family Education Promotion Law"
Although "safety knowledge education on preventing sexual assault and other aspects" is only part of Article 16, Item 5 of the "Family Education Promotion Act",But accurately understand the normative connotation of this part,Section 16 of the Act must be viewed as a whole,Fully explore the original intention of legislators in making this institutional arrangement。
From the perspective of the premise set for family education in Article 16,Family sex education must first meet the basic requirements in three aspects。First,The word “shall” creates legal obligations for parents,Family sex education is the same as other family education that has been explicitly listed in the law,These are all things that parents must practice,This obligation does not depend on whether the parents have high income、High degree of education is a prerequisite,It is what parents must carry out in family education。Second,“Targeting the physical and mental development characteristics of minors of different ages” means that family sex education should be gradual、Dynamicly adjusted,“Parents should promptly adjust the content of sex education within the family、Method and intensity,To connect、Adapt to children’s growth”[9]。Third,“Be guided by the following contents” indicates that the six aspects listed in this article are basic guidelines,The guidelines not only provide specific indicators,Relevant matters are also provided as reference,Family education includes but is not limited to these 6 aspects,Similarly it can be seen,Family sex education includes but is not limited to "safety knowledge education on preventing sexual assault and other aspects"。
From the overall structure bet365 live online casinoof Article 16,Family sex education exists side by side with other education、Intertwined、Mutual promotion。Items 1 to 6 of Article 16 respectively stipulate civic education、Moral and legal education、Intellectual and aesthetic education、Physical health education、Mental Health Education、Labor education and other aspects of education,Safety knowledge education located in item 5 of this article including "prevention of sexual assault",must be combined with other content in this article。for example,Sexual assault prevention education must be combined with moral and legal education,Minors should be taught to know right and wrong in the sexual field、Clear right from wrong,Make responsible and rational decisions when faced with important choices,It must also be related to physical health education、Integrating mental health education,Teach minors how to correctly deal with physical development during their growth and development stages、Inner emotional changes,Help them smoothly pass through important developmental stages such as adolescence。
From the specific content of Article 16, Item 5,Mental Health Education、The concept of cherishing life also covers 6 safety knowledge education including "preventing sexual assault",This shows that family sex education must especially emphasize mental health education,The concept of cherishing life should be integrated throughout sex education。"Sexual Assault Prevention" and "Transportation", "Healthy Internet Access and Fraud Prevention", "Drowning Prevention", "Fraud Prevention" and "Human Trafficking Prevention" jointly serve to improve the "safety knowledge and skills" of minors,Aims to enhance minors’ “awareness and ability to protect themselves”。Safety is the core objective of Article 16, item 5。In the eyes of legislators,“Parents or other guardians provide safety education to minors,Develop their safety awareness,Master the necessary safety knowledge and skills,To maximize the prevention of safety accidents and reduce the harm caused to minors by safety incidents,It is of great significance to ensure the healthy growth of minors”[10]。Item 5 of Article 16, including prevention of sexual assault, is newly added on the basis of the "Family Education Promotion Law (Third Review Draft)"[11],These contents are consistent with Article 16, Item 4 of the "Law on the Protection of Minors"、The relevant provisions of Article 18 are complementary to each other[12],Aimed at building a structure for the growth of minors、Protection in all aspects of life。
In summary,Article 16 of the "Family Education Promotion Law" sets legal obligations for parents to carry out sex education within the family,The normative connotation of family sex education established thus includes: protecting the safety of minors as the core goal,The main content is to teach sexual assault prevention knowledge and skills,The basic method is to dynamically adjust according to the physical and mental development characteristics of minors,Taking into account the physical and mental health and social development of minors is an important concept。
(2) Other laws involving relevant requirements for family sex education
so far,There are only four laws in our country that clearly stipulate sex education: the Law on the Protection of Minors, the Law on the Prevention of Delinquency of Minors, the Population and Family Planning Law, and the Family Education Promotion Law。In these laws,The sex education provisions of the "Minor Protection Law" and the "Population and Family Planning Law" only clarify the sex education responsibilities of schools (including kindergartens) for minors,The "Family Education Promotion Law" only clarifies the responsibilities of parents to carry out sexual assault prevention education at home,The first two laws can provide important reference for family sex education in terms of content and methods,But direct cannot be provided、Legally binding request。Only the provisions of Article 12 of the "Prevention of Juvenile Delinquency Act",Can also set responsibilities for school sex education,You can also put forward clear requirements for family sex education。
Since the promulgation of the Juvenile Delinquency Prevention Act of 1999,Although it underwent a correction in 2012、Revised in 2020,However, the specific content of Article 12 (former Article 5) of the Law has not changed,About the original legislative intention of Article 12,It can be directly traced back to the review process of the legislative draft of the "Law on the Prevention of Juvenile Delinquency"。In the "Law on the Prevention of Juvenile Delinquency (Third Review Draft)" and previous versions of the legislative draft,There are no provisions on strengthening "adolescent education",Until the meeting of the Standing Committee of the National People’s Congress deliberates and votes,“Some members of the Standing Committee proposed,Strengthening adolescent education plays an important role in preventing juvenile crime,It is recommended to stipulate it in this law”[13],Only before the Law Committee recommended adding “adolescent education” to the text for formal voting,And put it before "psychological treatment"。This shows,Strengthening adolescent education helps prevent minor crime,Legislators have reached a basic consensus on this issue,And form it into a legal system,Still in use today。There are two differences between Article 12 of the "Law on the Prevention of Juvenile Delinquency" and the other three laws concerning the sex education system mentioned above: First,This article clarifies that "strengthening adolescent education" can prevent minor crimes,Consider “strengthening adolescent education” as a specific practical means to prevent juvenile crime,Highlights the positive role of "adolescence education" in preventing crime;Second,This clause is not limited to schools,Not just for parents,It has legal effect on all subjects,In other words,School sex education、Family sex education must take the prevention of minor crime as one of the several goals of sex education,To focus on educational methods、Educational content and other aspects reflect the prevention of juvenile crime。
Prophecy,Family sex education cannot only focus on improving the safety awareness and abilities of underage children in the sexual field,Prevent your children from being sexually assaulted by others,We must also educate underage children about legal and illegal behavior、Clearly distinguish between right and wrong on the issue of crime and non-crime,Prevent your children from committing sex crimes、Infringement of other people’s sexual rights。Although the former directly protects the sexual rights of minor children,The latter is to directly protect the sexual rights of others,But preventing minor children from committing crimes is essentially protecting minor children。So,Whether it is the provisions of Article 16 of the "Family Education Promotion Act",Still the provisions of Article 12 of the "Prevention of Juvenile Delinquency Act",In essence, parents are required to actively adopt sex education (including puberty education)、Proactively implement the obligation to protect minor children。
4. Practical goals of family sex education
Family sex education is not just a static legal concept,It is a legal system that must be implemented through effective practice。The effectiveness of family sex education is determined by multiple factors: parents’ sexual concepts、Sex knowledge level,The degree of harmony among family members,Practical goals of family sex education,School and national support for family sex education,Cultural environment of family location,The basic attitude of the whole society towards the sexual education of minors,etc.。The external environment (such as society’s attitude towards sex education、The impact of local cultural environment) on family sex education may take decades to become apparent,This is also a long-term construction task for the country and society,It cannot be specifically determined by law in the short term;The internal environment has a direct impact on family sex education,The practical goal of family sex education is the decisive factor in all internal environments,Be able to decide what kind or level of sexual knowledge parents should have,It can also directly affect the learning effect of minors in family sex education,Therefore the law must respond to this issue。
(1) Basic goal: sexual assault prevention education
As mentioned before,Our country’s law has established a basic goal for the family sex education system—preventing sexual assault,This requires parents to have relevant knowledge on preventing sexual assault,Underage children must be educated to prevent sexual assault,Let minor children acquire sexual assault prevention skills in a direct and effective way,Be timely in the face of possible danger、Correct、Be brave enough to take evasive measures。
Why does our country’s law set sexual assault prevention education as a practical goal in the field of family sex education?This depends on the current social environment and people’s basic consensus。The "Prosecution Recommendation Letter of the Supreme People's Procuratorate of the People's Republic of China" (Gao Jianjian [2018] No. 1) states: "In recent years,Kindergarten and primary and secondary school staff sexually assault kindergarten children、Crime cases among primary and secondary school students are on the rise。”[14] The Supreme People’s Procuratorate pointed out in the latest “White Paper on Procuratorial Work for Minors (2021)”: “The overall trend of crimes against minors is on the rise。……2021,Procuratorate prosecuted 17,917 people for raping minors,16 year-on-year increase.61%。Same period,7767 people prosecuted for child molestation,Up 32% year-on-year.09%,Prosecution of forced indecency、2167 people who committed crimes of insulting minors。”[15] Sexual abuse cases of minors often become the focus of public opinion、Social pain points、Difficulties in governance。For minors,“Sexual assault is a double injury to the body and mind,Sexual abuse will have a vital impact on the healthy physical and mental development of children throughout their lives”[16]。Therefore,Including parents、School、Education Administration Department、Many parties including the prosecutorial office believe that,The protection of minors’ sexual rights should be strengthened,To this end, sexual assault prevention education must be implemented,This has become the basic consensus of society。Legislators comply with social conditions and public opinion,Incorporate "safety knowledge education in preventing sexual assault and other aspects" into the "Family Education Promotion Law",As the basic goal of family sex education。
This leads to another question worthy of discussion: why the only practical goal set by our country’s law for family sex education is sexual assault prevention education?As mentioned before,Parental education as a legal obligation,Confirmed by the relevant provisions of the Constitution and the Civil Code,Parental education as a right,It has also been protected by the specific provisions of the Civil Code and the spiritual principles of the Constitution。Article 16 of the "Family Education Promotion Law" refines parents' education obligations in the field of sex into the obligation to prevent sexual assault education,This clause has also become the basic goal of the bet365 live casino and sports bettingpractice of family sex education in our country’s laws。This reflects the legislators’ emphasis on sexual assault prevention education,Require all parents to fulfill their sex education responsibilities at this stage,Emphasis on ensuring the safety of minors,It can also reflect the objective conditions and actual environmental constraints on legislation。In other words,Legislators limit the basic practical goal to sexual assault prevention education,It’s not that I don’t know “ask for it”,Get it;Find which one,Get under it" ("The Art of War"),But the law does not force people to make things difficult。Family education is a science,No one is born knowing how to be a parent、How to do a good job in family education,Specifically in terms of family sex education,Sex education itself is theoretical、Scientific,Carry out correct sex education within the family,Parents need to continue learning and research。In the current stage of social development in our country,Sexual assault prevention education is something all parents learn independently、Educational goals that can be achieved after participating in training or receiving guidance,Parents’ own academic qualifications、Income and social experience will not be obtained、Competence in this educational ability creates obstacles。If the law establishes higher family sex education goals,There may be some or a considerable proportion of parents who are unable to complete the corresponding sex education responsibilities in a short period of time,The implementation effect of the legal system will be greatly reduced,It will also lower people’s expectations of the law。
Also,Sex education is not exclusive education for each household,Only relying on word of mouth from parents、Teaching by words and deeds and even specialized counseling,Unable to obtain scientific validity for minors、Three-dimensional and comprehensive sex education,It is also impossible to achieve the goal of comprehensive development of minors’ moral, intellectual, physical, artistic and laborious skills。General Secretary Xi Jinping pointed out: “Run education well,Family、School、Government、Society has a responsibility。…Education、The Women’s Federation and other departments must coordinate social resources to support family education。”[17]The ultimate goal of family sex education and school sex education、National sex education is fundamentally the same,Effective implementation of family sex education system,It cannot be separated from the support of multiple parties outside the family、Assistance,If the law sets higher goals for family sex education,That will be the "unbearable weight" of parents。
(2) High-level goal: Comprehensive Sexuality Education
In the field of family education,The law sets out the sexual assault prevention education responsibilities that parents must perform in a clearly defined manner,But this does not mean that family sex education can only convey knowledge related to preventing sexual assault,Does not affect parents’ active exploration、Proactively expand the sex education “map” in addition to sexual assault prevention education。Because,Family sex education is the legal obligation of parents,It is also the legal rights of parents,Parents can give full play to the rights aspect of family sex education,To maximize the effectiveness of family sex education rights。In other words,Sexual assault prevention education is the "standard provision" prepared by the law for every household,Sex education, including but not limited to sexual assault prevention education, is a "high match" for family sex education。Combining the theoretical and practical frontiers of sex education,Comprehensive sex education is this "high-end" version of sex education,It should also be a high-level goal to promote the bet365 live casino and sports bettingpractice of family sex education。
Based on the "International Technical Guidelines for Sexuality Education: Using an Evidence-Based Approach (Revised Edition)" prepared by the United Nations,Comprehensive Sexuality Education" is a curriculum-based,Discussing sexual cognition、Emotion、The teaching process of meaning in physical and social dimensions,The purpose is to equip children and young people with a certain knowledge、Skills、Attitudes and Values,To ensure its health、Wellbeing and dignity”[18]。Proposition of the concept of comprehensive sex education,Depends on the basic concept of "sex" and the broad content scope and time latitude of "sex",“Sex is a basic content of human life: physiological、Psychology、Spirit、Society、Economy、Multiple levels such as politics and culture”[19],Sex continues to develop throughout a person’s life,“Different performances at different ages,But it always depends on the individual’s physiology、Emotion and cognitive maturity are closely related”[20]。With Chinese、Mathematics and other general courses are different,Sex education is functionally directly related to the physical and mental health of minors,Deeply intertwined with multiple abilities in content,Showing multi-faceted characteristics[21],So sex education should be carried out in an all-round way。It can be seen from this,Sexual assault prevention education is only part of sex education,When parents only provide sex education for the purpose of preventing sexual assault,Ignores the sexual concepts of minors、Sexual awareness、Comprehensive normative guidance on sexual morality,Not conducive to promoting its overall growth。
“Comprehensive sexuality education” comes from sex pedagogy、Concepts in the field of sociology,And it is an "imported product",Can it be recognized and supported by our country’s laws?Actually,my country’s Constitution and several laws provide theoretical and normative support for the comprehensive development of sex education。Article 46, paragraph 2, of the Constitution requires the state to cultivate minors “in moral character、Intelligence、Comprehensive development in physical fitness and other aspects”,Article 49 stipulates: "Children are protected by the state" and "Child abuse is prohibited",So,Minors have the right to comprehensive personality development。Article 46, paragraph 1, also stipulates the right to education,In other words,The right to comprehensive personality development is closely related to the right to education,The foundation for comprehensive development is the comprehensive implementation of the right to education,Articles 19 and 24 of the Constitution respectively stipulate the multi-level and multi-content nature of socialist education。Also,Article 1 of the "Law on the Protection of Minors" stipulates the goal of "comprehensive development of moral, intellectual, physical, artistic and labor",And Article 4 stipulates "adhere to the principle that is most beneficial to minors"。Minors’ right to comprehensive personality development、Basic rights such as the right to education are intertwined、Both inside and outside,“The combination of the two means that children’s sex education should be based on promoting children’s free growth、Comprehensive development,Satisfy children in physical condition、Psychology、Development needs in intellectual and other aspects,Promote the formation of a sound personality、Promote the realization of self-achievement”[22],This requires that all types of sex education, including family sex education, must be comprehensive、Diversified expansion。
The reality that needs to be faced is,“Development of Comprehensive Sexuality Education,A career is not achieved overnight,It requires continuous efforts,And consider various influencing factors”[23]。The right to family sex education essentially serves the minors’ right to education in the sexual field,Minors are the direct beneficiaries of parents’ sex education activities,“Everything is for the sake of the children” is the way for parents to continuously improve their knowledge on the right to sex education、The inexhaustible motivation to improve capabilities。The economy behind sex education、Culture、When the social environment is more advanced,Being a country、School、Society and parents’ sex education concepts、When actions have significantly improved,Legislators will also follow the trend,Gradually adjust the existing sexual assault prevention education goals to comprehensive sexual education goals。
5. Conclusion
General Secretary Xi Jinping emphasized: “Family is the basic cell of society,It is the first school in life。No matter how much times have changed,No matter how much the life pattern changes,We all need to pay attention to family construction,Family oriented、Pay attention to tutoring、Pay attention to family tradition。”[24]Family is always an important place for minors to receive sex education,Parents always pass on sexual knowledge to minors、The first person responsible for protecting the sexual rights of minors。Several laws in our country including the "Family Education Promotion Law",To protect the safety of minors as the core content,Confirm and protect the family sex education system,Parents who will substantively change the existence of society will not teach、Not good at teaching、Reluctance to teach。In the foreseeable future,With the responsibility of parents’ sex education and the responsibility of school’s sex education、Mutual promotion of children’s rights to sexual education、Interconnection,The practice of my country’s family sex education system will develop in depth。
Note:
①Article 16 of the "Family Education Promotion Law" stipulates: "Parents or other guardians of minors should take into account the physical and mental development characteristics of minors of different ages,Use the following content as a guide,Carry out family education: (1) Educate minors to love the Party、Patriotic、Love the people、Love collective、Love socialism,Establish the concept of safeguarding national unity,Building a strong sense of community for the Chinese nation,Cultivate feelings of family and country;(2) Educating minors to be virtuous and good、Respect the old and love the young、Love family、Diligence and thrift、Solidarity and mutual assistance、Integrity and friendship、Abide by laws and regulations,Cultivate good social ethics、Family Virtues、Personal moral awareness and legal awareness;(3) Help minors establish a correct concept of success,Guide them to develop a wide range of interests and hobbies、Healthy aesthetic pursuit and good study habits,Enhance the spirit of scientific exploration、Innovation awareness and ability;(4) Ensure balanced nutrition for minors、Scientific Movement、Get enough sleep、Pleasure of mind and body,Guide them to develop good living habits and behavioral habits,Promote their physical and mental health development;) (5) Pay attention to the mental health of minors,Teach them to cherish life,Transport it、Healthy Internet use and anti-bullying、Drowning prevention、Anti-fraud、Anti-trafficking、Safety knowledge education on preventing sexual assault,Help them master safety knowledge and skills,Enhance their awareness and ability of self-protection;(6) Help minors establish correct labor concepts,Participate in labor within Bet365 app downloadyour ability,Improve self-care ability and independent living ability,Develop the good character of being hard-working and the good habit of loving labor。”
②Article 30 of the "Law on the Protection of Minors" (revised in 2020) stipulates: "Schools should be based on the physical and mental development characteristics of minor students,Provide social life guidance、Mental health counseling、Adolescent education and life education。” Paragraph 2 of Article 40 of the Law stipulates: “School、Kindergartens should provide age-appropriate sex education to minors,Improving minors’ prevention of sexual assault、Self-protection awareness and ability against sexual harassment。For sexual assault、Sexually harassed minors,School、Kindergartens should take relevant protective measures in a timely manner。”
③Article 12 of the "Law on the Prevention of Juvenile Delinquency" (revised in 2020) stipulates: "Prevention of Juvenile Delinquency,Should be combined with the physiology of minors at different ages、Psychological characteristics,Strengthen adolescent education、Psychological care、Research on psychological correction and crime prevention strategies。”
④Article 13, paragraph 3, of the "Population and Family Planning Law" (amended in 2021) stipulates: "Schools should educate students,In an appropriate manner consistent with the characteristics of the recipients,Carry out physical hygiene education in a planned way、Puberty education or sexual health education。
⑤Article 2 of the "Family Education Promotion Law" stipulates: "Family education as referred to in this law,refers to the efforts of parents or other guardians to promote the comprehensive and healthy growth of minors,The moral character of its implementation、Physical fitness、Life skills、Cultural accomplishment、Cultivation of behavioral habits and other aspects、Guidance and influence。”
⑥《Economy、Article 13, paragraph 3, of the International Covenant on Social and Cultural Rights (1966) stipulates: “The States Parties to this Covenant undertake,Respect the freedom of parents and, where applicable, legal guardians to choose for their children a school that is not public but meets the minimum educational standards that may be prescribed or approved by the state,And ensure that their children can receive religious and moral education in accordance with their own beliefs。
⑦Article 42 of the "Regulations on the Protection of Minors in Schools" stipulates: "Schools must establish an educational philosophy with life care as the core,Use safety education、Mental Health Education、Environmental protection education、Health Education、Special education on anti-drug and AIDS prevention education,Guide students to love life、Respect life;We must carry out targeted adolescent education、Sex Education,Enable students to understand physiological health knowledge,Improving prevention of sexual assault、Self-protection awareness and ability against sexual harassment。”
⑧Article 12 of the "Fujian Province Family Education Promotion Regulations" stipulates: "Parents or other guardians should prevent and stop minors from engaging in the following behaviors:... (2) Watching、Read、Listen、Collect or disseminate content that endangers national security、Porn、Violence、Obscene、Horror、Network information on gambling and other contents、Audio and video products、Electronic publications and reading materials, etc.;..." Article 8 of the "Zhejiang Province Family Education Promotion Regulations" stipulates: "Parents should prevent and stop minors from engaging in the following behaviors:... (2) Watching、Read、Listen、Collect or disseminate content that endangers national security、Obscene、Porn、Violence、Cult、Audio and video products with superstitious and other contents、Books、Newspapers、Electronic publications and online information, etc.;……”
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Editor in charge:Li Yuqian
About the author:Chen Wei,bet365 appAssistant Researcher,Doctor of Laws from Peking University。
Article source: "Chinese Tutoring" Issue 4, 2022.
Fund Project: This article is a phased research result of the 2019 National Social Science Foundation project "Research on Functionalist Principles of my country's National Power Allocation" (Project Number: 19BFX041)。
Family Sexuality Education: Legal Characteristics, Normative Connotations and Practical Objectives
—— Expanded with Article 16 of the Family Education Promotion Law
CHEN Wei
Abstract:Family sexuality education, as a legal institution in China, is essentially a collection of parents’ rights and duties to teach in the area of sex. Article 16 of the Family Education Promotion Law defines the educational responsibilities of parents in the prevention of sexual abuse and establishes the basic objectives for family sexuality education. Of course, that article alone does not represent a comprehensive description of all the contents of the family sexuality education system; when provisions of the Law of the People’s Republic of China on Prevention of Juvenile Delinquency are also considered, it is clear that the legal regulation of family sexuality education in China focuses on protective requirements such as protecting minors from suffering sexual assault and preventing them from committing sexual crimes. In order to set practical goals for family sexuality education, it is necessary to integrate the provisions and spirit of the Constitution, the Civil Code and other department laws. On the basis of education and taking a stand against sexual abuse, parents should endeavor to practice the concept of comprehensive sexuality education in order to meet the constitutional requirements of minors’ right to education and the right to full development of their personality.
Keywords:Basic Right; Obligation of Protection; Prevention of Juvenile Delinquency; Anti-Sexual Assault Education; Comprehensive Sexuality Education
Original link: https://mp.weixin.qq.com/s/7WIr_X7npQITpnnYQZvVXA