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.
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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).
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