论性教育权的确立  

ON the Eestablishment of Sex Educational Right

作　　者：季涛[1] 

机构地区：[1]浙江大学法律系,浙江杭州310028

出　　处：《浙江大学学报（人文社会科学版）》2006年第4期42-49,共8页Journal of Zhejiang University:Humanities and Social Sciences

基　　金：国家社会科学基金资助项目(04BFX004)

摘　　要：性教育权是和教育权、性权利、人权教育权、人权既有紧密联系,又有基本区别的独特权利,人们正在逐步认识到它的重要性,但依然未能全面、深入地把握这一概念,更未能在法律层面真正地确立这一权利。性教育权是指公民依法享有的以适当方式接受一定标准的性科学、性权利和性文化教育的特殊教育权利。确立性教育权将有利于改善落后的性教育现状,根除普遍的性无知现象,并最终促进性权利体系的形成、发展和相关人权的进步。确立性教育权需要遵守“客观、多元和批评的性教育”原则,以保证性教育权的适当性。确立性教育权这一工作也需要每个国家的努力和国际合作来共同推进。The concept of sex education right is a specific category of rights, closely related with but fundamentally different from educational rights, sexual rights, right to human rights education, and human rights. We are gradually becoming more familiar with its importance, but still not intensively enough. It has not been established in law, neither. Sex education right refers to a specific educational right which stipulates that citizens may lawfully receive to certain standards the educations of sexology, sexual rights, and sex culture. In definition, sex education right is included in educational rights. Certain formats and levels of sex education, as part of common education, should be a legal right of all citizens. Even as the special requirements of sex education right extract from particularity of the right, they are also recognized by the law. The reason why the right to sex education should be stressed here is that sex education right may potentially promote sexual rights, just as educational right of human rights can promote human rights. However, the focuses of the right to sex education and the right to human rights education are different. Besides, there is a call for the development of sex education right. Hence, the right to sex education should not be discussed in the same realm as the right to human rights education. Sex education at a lower level leads to two general results： common sex ignorance and fragile sexual rights. Fragile sexual rights are expressed in the ways of unreasonable sexual rights system, easily invaded sexual rights without thorough relief, lack of effective institutions to resolve the inner conflicts of sexual rights and improve sexual rights. Fragile sexual rights will also lead to more potential invasions of related human rights. Establishing sex education right is helpful for improving sex education, to eradicate common sex ignorance, and eventually to promote the formation and development of a sexual rights system and progress of related human rights. When stressing

关 键 词：性教育权 性权利 教育权 人权 性科学 性文化 

分 类 号：G479[文化科学—教育学]