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The initiative of President Klaus Iohannis arises as a result of the decision of the Constitutional Court of September, which established that the provisions of this normative act do not violate the Constitution. The head of state notified the RCC on this matter, considering that this law violates the principles of the fundamental law. As a result, the president went to Parliament and sent the law for reconsideration, asking for some controversial issues to be amended.
By introducing the phrase “education for life, including education for health”, the text of the law departs from the principle of “promotion of education for health” provided for in art. 3 lit. r) of Law no. 1/2011. Practically, regulated in this way, health education programs stand out only through health education, thus eliminating or simplifying the sexual health education component by exclusively transmitting information on personal hygiene ”, is shown in the application . referred by the President to Parliament.
According to the document, the idea of health education no longer corresponds to the current concept of public health, a term used before 1990 for the designation of hygiene activities.
The request for re-examination also shows that the importance of sexual education stems mainly from the need to guarantee a healthy climate, in full safety for the realization of relationships between people, to guarantee their physical and mental integrity. At the same time, the president alleges that the obligation of the existence of the agreement on the part of the parents has the effect of restricting the access of children to education, which does not occur in the case of other educational programs.
“It is likely that this legislative measure creates an obstacle to achieving the best interests of the child, as provided for by the international conventions to which Romania is a party and which should take precedence over the right of parents to decide for their child,” read in the document. .
In the law passed in early June by the Chamber of Deputies, the phrase “sex education” was replaced by “health education.” Likewise, the normative act established the obligation to obtain the written consent of the parents for the students to participate in this type of program. Klaus Iohannis challenged the normative act in the CCR, saying that, because of the way it was adopted, as well as the normative content, it violates the Constitution, but did not win the case.
