Office of the Ombudsman, Samoa‘s National Human Rights Institution Submission to the Committee on the Rights of the Child – September 2015 legislative and policy instruments for inclusive education is one thing, having the capacity and resources to implement them is another. 46. The NHRI recognises that it takes time to implement a broad, nation-wide inclusive education system that seeks to meet the needs of all children, including those with disabilities. It therefore encourages the government to continue its efforts in addressing the educational needs of children with disabilities Recommendation 6: That the Samoan Government continue to implement its National Policy on Disability as well as increase disability training for teachers in government schools. 8 47. 8.1 Family planning and sexuality education for children and youth Samoa has taken steps to establish sexual and reproductive health programs for Samoa‘s children and youth as explained in the Government‘s response to the Committee‘s recommendation 21 in its last Concluding Observations for Samoa. However, most sexual and reproductive health programmes ignore the social, cultural and economic factors that prevent young people from making healthy decisions and contribute to their vulnerability to poor sexual and reproductive health outcomes, such as exposure to human immunodeficiency virus (HIV) and sexually transmitted infections (STIs), sexual violence and undesired or unsafe pregnancy. The NHRI believes that this amounts to a breach of Article 24 of the Convention. Comprehensive sexuality education 48. A common misconception exists in Samoa that comprehensive sexuality education (CSE) and access to condoms encourage premarital sex.30 Indeed, CSE, delivered in the context of religious and social norms, can in fact prevent premarital sex by providing youth with a full understanding of the consequences of their actions.31In the event that youths decide to engage in premarital sex, CSE equips them with the knowledge and contraception to prevent adverse consequences for their health and future. 49. In its General Comment on adolescent health and development of the child, the Committee stated that in light of Articles 3, 17 and 24 of the Convention, the State bears the onus of providing adolescents with access to sexual and reproductive information, including family planning and contraceptives, the 30 31 Input from focus group discussions with church leaders on file with the Office of the Ombudsman. UN General Assembly, Report of the Ad Hoc Committee of the Whole of the Twenty-first Special Session of the General Assembly: Key actions for the further implementation of the Programme of Action of the International Conference on Population and Development,1 July 1999, A/S-21/5/Add.1, available at: http://www.un.org/popin/unpopcom/32ndsess/gass/215a1e.pdf [accessed 4 September 2015] at para 73(e). 15

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