Comprehensive Sexuality Education in Latin America and the Caribbean: Where We Are and Where We Should Go Educación

In this paper we propose to provide a concept of Comprehensive Sexual Education and identify arguments based on International Human Rights Law that should define its scope and the extension of the obligations of the States in the region. In particular, we will identify five standards linked to sex education and its normative regulation; namely: a) legality, b) comprehensiveness, c) transversality, d) teacher training and e) role of families. In our opinion, these standards constitute indicators that should be considered by any public policy of Comprehensive Sexual Education. Based on this, we propose to critically analyze the regulations on sex education that exist in fifteen countries of the region. This, in order to identify aspects that could be relevant when designing a public policy of Comprehensive Sexual Education that is in accordance with international human rights standards in the matter.


I. INTRODUCTION
In June 2020, the Inter-American Court of Human Rights -hereinafter, the IACHR or the Court indistinctly -issued the judgment Guzmán Albarracín et al. v. Ecuador,1 which was the first pronouncement of that Court on the obligations of the States of the region to guarantee safe educational environments for children free of violence, among others.There, the Court understands Comprehensive Sex Education -hereinafter, CSE -as a powerful tool for compliance with the standard set therein; whose importance will be highlighted again months later in the case Manuela et al. v. El Salvador. 2 Although it is the Inter-American Court itself that mentions the progress made in various States of the region;3 it is interesting to get to know in greater depth the different regulations adopted in Latin America and the Caribbean in the field of sex education. 4This, in order to know, first, what the current situation in the region is; secondly, to identify clear international standards, considering that in several countries there is still a wide debate on the incorporation of CSE in school curricula;5 and third, to visualize the issues that are missing from existing regulations in light of the standards identified here.In this way, comparative analysis can provide different alternatives when it comes to recognizing and regulating CSE.
As a result of the above, this paper aims to identify standards and critically analyze the regulations on sex education that exist in fifteen countries 6 of the region.First, we will provide a conceptualization of CSE and its foundations.Second, we will conceptualize five standards linked to CSE and its normative regulation: legality, integrality, transversality, teacher training and the role of families.These standards are, in our view, indicators that any CSE policy should consider.In this sense, they constitute guidelines or orientation for States. 7hird, and based on these concepts, we will analyze the norms, relevant case law and programs existing in the different States of the region.This will allow us to identify aspects that may be relevant when designing a public policy of CSE that is in accordance with international human rights standards in the matter.

II. CONCEPT AND FOUNDATIONS OF CSE
CSE is defined as: a specific approach to sex education that seeks to teach cognitive, emotional, social, interactive and physical aspects of human sexuality in an age-appropriate manner, based on accurate scientific data and unbiased information, aimed at equipping recipients with the knowledge, skills and values necessary to make informed decisions for the enjoyment of complete, healthy and safe sexuality. 8rough this concept, it is possible to affirm that CSE has, at least, the following foundations in International Human Rights Law: 9 1.
Recognition of the progressive autonomy of children and adolescents.Until the end of the twentieth century, it was understood that these were subjects of guardianship that deserved special protection, which resulted in them not taking part in the decisions that involved them.However, the paradigm based on the understanding of children and adolescents as true subjects of rights is here to stay.Currently, it is understood that there is a gradual process by which children can exercise rights by themselves according to their age and degree of maturity. 10

2.
Recognition of education as a human right, characterized as a key-right or multiplier right, 11 since it serves for the exercise of full citizenship and allows access to other rights.Education as a human right seeks to guarantee the integral development of people. 12

3.
Recognition of sexual and non-reproductive rights.Various human rights instruments have advanced in the recognition of sexual and -non--reproductive rights, which imply the possibility of people making decisions about their sexual and reproductive life with freedom and confidence based on their convictions.In this sense, sexual rights guarantee people's control over their sexuality.The components of sexuality that should be considered protected are, at a minimum, sexual identity, sexual orientation, choice of partner and absence of coercive sexual activity.Therefore, they imply the protection of sexuality that is not necessarily heterosexual and not -necessarily -procreative.Reproductive rights, on the other hand, imply the recognition of the right of every person to decide on the number of children, the spacing of births and the interval between them; the right to have the information and means to do so; and to achieve the highest standard of sexual and reproductive health, including the right to make reproductive choices free from discrimination, coercion and violence.13

4.
Strong commitments by the States to guarantee equality and non-discrimination.At this point, it is necessary to say that modern society was erected according to generic binary sex, from which sex assigned at birth has been associated with certain features that produced inequalities, leaving women at a disadvantage with respect to men.14This inequality is the tip of the iceberg of situations of violence and discrimination suffered by certain social groups, especially women, girls and LGBT+ people.Equality clauses indicate that States must provide tools to improve the situation of vulnerable groups. 15erefore, we may affirm that there is an inescapable link between autonomy, education, sexual and reproductive rights and equality, especially with respect to childhood and adolescence, since: (a) From a theoretical and normative point of view, children and adolescents have sexual and reproductive rights.Sexuality has a subjective dimension; it is part of identifications, sexual identities, affections, pleasure, it is the way we relate to others.It is also a unique construction, marked by the primary context in which we are born, grow and that is recreated throughout life.Children and adolescents must be able to exercise their sexual and non-reproductive rights according to their progressive autonomy. 16In this way, the approach that is made from early childhood, especially in adolescence and youth, is decisive in life choices: who I choose to live with, how I lead my love life, sexual life, whether I want children or not, when, with whom, and, b) from a pragmatic point of view, and bearing in mind the Guzmán Albarracín case, there are many cases where these rights are violated by States through abuses of power by responsible adults, even in educational institutions (which result in sexual violence, especially against women and girls). 17In this sense, CSE becomes a powerful tool when it comes to empowering children and adolescents to know their rights and make possible violations visible.
To make free decisions, access to information is essential.In this way, the CSE is an especially relevant tool, as it seeks to eradicate existing inequalities in relation to gender from school spaces and generate educational spaces that allow children and adolescents to have knowledge regarding their sexual and -non-reproductive rights in a way respectful of diversity, questioning normativity or binarism.

III. CSE STANDARDS
The interpretation of various human rights instruments and the Inter-American Court's Guzmán Albarracín judgment allows us to identify at least five relevant standards in the field of sex education.These standards do not operate in isolation but must be read in a transversal way, and we understand that they operate as basic indicators of the CSE regulation. 18In this way, in some cases States could have regulated a sex education policy that did not conform to the standards (for example, having a CSE public policy without there being an enabling law, or regulating sex education from a biomedical approach, among other possibilities).This does not imply that the efforts of States are not valued, but on the contrary is sought is to show that States should do more.

Legality or why is it necessaryto have a law guaranteeing CSE?
In its Consultive Opinion No. 6 (1986) the Inter-American Court establishes that rights must be limited only by formal law, that is, law emanating from the National Congress of each State.The Court held on that occasion that the word "law" is used in the formal sense, that is, as "a legal norm of a general nature, confined to the common good, emanating from the constitutionally provided for and democratically elected legislative bodies, and elaborated according to the procedure established by the constitutions of the States Parties for the formation of laws".
The requirement of a formal law for the regulation of a right is known as the principle of legality and is based mainly on allowing democratic debate.That is, that the regulation of rights remains in the hands of the most representative body: Congress or Parliament.
Although the Inter-American Court in Guzmán Albarracín affirmed that States must adopt "legislative or other measures" (par.112) in relation to the prevention of violence 17 Particularly in the case of Paola Guzmán Albarracín, the Court ruled that there was a violation by the Ecuadorian State of these rights, following what was held in the Amicus presented by the Committee of Experts of the MESECVI regarding consent, the analysis of each case must consider "the power relationship between the parties with a gender focus; whether there is a particular context that facilitates violence; if there are other cases with the same patterns; the particular conditions of the victim (age, gender, etc.); the actions of the perpetrators, and the visible and invisible consequences on the victims" (Guzman Albarracin (2020), note 127). 18Following the compliance mechanism of the Protocol of San Salvador.In this regard, see PAUTASSI (2013).
against women and girls, given the debates and oppositions that have originated around the CSE, we understand that it is relevant that its recognition be carried out by law as: • It ensures greater stability and effectiveness in relation to lower-ranking norms and allows public policy not to depend on political changes -or changes of governments.This is especially important in education where changes and outcomes can only be identified in the long term.
• Given the importance of CSE for the comprehensive development of children and adolescents, it makes it possible to know the reasons (either to repeal it if it is sanctioned, to modify it or to sanction it if there is no law) and whether these are public reasons (for example, that they are in accordance with human rights standards in the matter) or, on the contrary, are associated with particular reasons. 19It gives guarantee to the subjects -teachers, assistants, directors-that they must implement and carry out this policy.In that sense, for example, Dudiuk claims that having a sex education law in Argentina allowed teachers to work with more confidence on the contents, without fear of receiving complaints from families and / or directors, or at least, gives them legal support.20

Integrality
On this point it is possible to make a distinction of the different elements that compose it.First, adopting a comprehensive view implies that biological aspects must be incorporated, as well as the emotional, the relational, the ethical, the sociological, the cultural, the economic and the political.21Thus, it becomes essential to transcend the idea that sex education is limited only to a moralistic or sanitarian perspective and incorporate other aspects that allow a comprehensive approach to the subject.
Second, integrality also implies incorporating a gender perspective, taking into consideration that this is not reduced to a male-female binarism since international and regional regulations also recognize rights for LGBT+ people.22Thus, the teaching of CSE must be focused on women and diversity.In addition,23 it is necessary to incorporate perspectives of new masculinities with approaches that also challenge and convene cisgender males. 24ird, adopting a holistic view implies that all children and adolescents must be taught in a way adapted to their age.This implies promoting a CSE that starts from respect for their progressive autonomy and their recognition as subjects with the right to decide freely, intentionally and informed about different aspects of their own lives, such as those linked to their sexuality and reproduction.25It must also account for the inclusion of people with disabilities.
Fourth, adopting a holistic view implies that it must be respectful of identity.In public policies, the way in which the contents that are established as mandatory are adopted, there must be a special appreciation of cultural diversity and the promotion of intercultural dialogue.Thus, it is necessary for CSE to take into account the voice of children and adolescents, women, LGBT+ people, the Afro-descendant community, and indigenous peoples, among others.Sexuality is part of the bonds with other people, so it is important to consider each of the cultures to build an CSE respectful of different identities.
Hence, CSE implies a paradigm shift on sex education.It is based on considering that sexuality encompasses biological, psychological, social, economic, political, cultural, ethical, legal, and historical aspects, among others.The Inter-American Court has already ruled on comprehensiveness in considering violence against women beyond physical violence including sexual and psychological aspects and that make visible oppressive gender stereotypes, both in the public and private spheres.26For this reason, CSE seeks to overcome traditional, moralistic or biological approaches and put at the axis of the teaching-learning process: knowledge and care of the body; the protection of privacy; the right to identity and sexual and reproductive health; the valuation and respect for one's own body and that of others, for family, cultural, ethnic, gender, and ideological diversity, among others.27

Role of the family
Different international rights provide for the right of parents to choose the education of their children. 28This is the "trump card" that is always invoked when it comes to putting limits on the teaching of Integral Sexual Education in schools, through arguments such as "do not mess with my children" or "I educate my children".These arguments seek to give the State a "subsidiary" character vis-à-vis families, which would imply that the State should only intervene to support or replace them if necessary. 29However, this is not viable from a human rights perspective, 30 as the Convention on the Rights of the Child (1990), was "a forceful response on the responsibility of society and the State to care for and protect the integrity of children". 31In this sense, the Inter-American Court in the Guzmán Albarracín judgment affirmed that an education that is imparted in violation of human rights is also a violation of the right to education.States must adopt appropriate actions to prevent human rights violations during the educational process of girls and boys and particularly consider discrimination based on gender-based violence (par.118).
For this reason, the right of parents to educate their children is, in general, severely limited to guarantee certain knowledge and the acquisition of skills for the development of full citizenship by children and adolescents.Hence, it is not optional for parents to educate their children, and in this way, children must be educated in certain places -schools or colleges, that is, in a formal or official environment -authorized by the State.This is the first limit to the freedom of parents to educate their children.
Other limits are linked to the freedom of parents to choose the education of their children.That limit is found in the very concept of the right to education, which applies to children, and is imposed by the determination of the purpose of education. 32Understanding education as a human right implies that parents cannot refuse that their children receive certain contents that the State qualifies as indispensable for the full development of citizenship, such as learning to add and subtract, to identify letters, to read and write.There are also other contents, such as Comprehensive Sex Education, the teaching and learning of which is essential for the development of the autonomy of the person being educated, and therefore its teaching cannot be discarded by responsible adults. 33e right of parents to choose educational centers where to send their children or to educate them in certain values is not a "trump card" that allows them to oppose any teaching with which they do not agree. 34If there are strong arguments indicating that the State must teach a certain content, families should tolerate such education even when they then reinforce and/or modify it with complementary education -for example, their own advice, teaching of a particular religion, among others.Thus, for parents to be able to oppose the teaching provided in schools according to the contents set by the State, it is necessary that the commitment to human rights education is not compromised. 35

Transversality
The teaching of sex education must be transversal.This implies that it is not taught in a certain subject or as a fixed content which has no links with other learning that occurs in school.In this sense, Morgade argues that "the main results indicate that, beyond the theoretical principles that become formal statements, at present and from the sanction of the Law of Comprehensive Sexual Education the theme of 'sexuality' is usually included with an aggregate juxtaposed in specific 'workshops' or in special classes without impacting the 31 MORGADE (2021), p. 31. 32RONCONI (2018). 33GUTMANN (2001).Also, Committee on the Rights of the Child (2005), para.17. 34 In this sense, MORGADE (2021) affirms that process resistance laicizers have been reconfigured according to the current political forces and in Latin America the link between State and Church still has important articulations. 35In this sense, see UN (2010), Para 71.curriculum in its epistemological and methodological foundations." 36If "all education is sexual", it is urgent to take into consideration the organization of institutional life in everyday life.It is not enough with a specific workshop or a section on CSE but daily practices must be transformed -among managers, teachers, students, administrative staff.CSE involves not only attending to situations of extreme violence but also to the prejudices, stereotypes, affections that circulate in everyday life in school -the colors assigned to boys and girls, the differentiated use of uniforms, the games assigned to boys and girls, the examples used, the images in textbooks, the way teachers act, among others.In this sense, the Court in Guzman Albarracín ruled that to prevent violence against women, girls and adolescents, States must adopt comprehensive measures, which includes not only having a legal framework for protection (such as Curriculum Designs) but also concrete practices that allow, among other things, to act effectively in the face of complaints. 37That is why we affirm that it is not enough to have a few hours of CSE per week, but that education must be transversal and promote intervention in cases of violence as well as comprehensive prevention in every school environment (classroom practices, coexistence in common spaces, questioning situations of disparity of power between students and school staff, among others).

Teacher training
The role of teachers in the teaching-learning process is central.They are active and transformative subjects in this process.Therefore, it is necessary that teachers manage to identify and transmit that sexuality is always present in the teaching-learning process: in the ways in which we relate to other people, in the assessments and comments we make -for example, what boys can do and what girls can do.In the ways in which we promote or not the expression of emotions, in the language with which we address the students, in the contents selected to teach-learn, among others.
The importance of teacher training has a strong impact on transversality.Teachers are the ones who have theoretical and pedagogical tools to be able to carry out the teachinglearning process of the CSE.They are also the ones who are in daily contact with children and adolescents.It is not enough for a person who is an expert on sexuality to go to school once or twice a year to learn, as usually happens to fulfill teacher training mandate on CSE.Respect for the other and non-violence are learned every day, and this is the central objective of CSE, which must be continuous.
However, teachers are also subjects who have a certain culture, stereotypes, and experiences that influence the teaching-learning process, and that even, as in the case of Guzmán Albarracín, can perpetuate violence.Therefore, when it comes to CSE, teacher training becomes fundamental. 38Morgade claims that to guarantee this, the focus must be placed on the ethical issues of teaching. 39It is not enough to establish normative provisions, but it is necessary to train teachers, deliver adequate materials so that they can carry out their teaching-learning processes.In addition, it is important to note that teacher training is central to all educational actors; that is, managers, supervisors, preceptors, and all professional persons -or not-who have contact or relationship with children and adolescents at school.If this way of implementing teacher training in CSE is carried out, the impact is enormous.All training facilitates the development of knowledge, improves skills and behaviors.Finally, it improves educational skills by providing a theoretical and operational foundation suitable for education.In this way, any public policy that takes CSE seriously must include a strong element of training and recognize these trainings with teacher scores, with salary bonuses, among others.In addition, this training must be permanent and gender sensitive.It is not enough with initial training or with a particular course but must be given continuously. 40

IV. NORMATIVE DEVELOPMENTS IN LATIN AMERICA AND THE CARIBBEAN
A survey carried out during 2021 shows that regulatory developments that have taken place in terms of CSE in the region are still incipient in terms of legality, comprehensiveness, transversality, role of families and teacher training.Of the 15 countries analyzed, 41 it is possible to affirm that although there are normative advances -since in general the issue of sex education is on the public agenda -there are still strong challenges for its adequate implementation according to international standards.This information is outlined in the following table:  40 The United Nations General Assembly through Resolution 70/137 on the Rights of the Child of 2015, urges States to fully realize the right to education through the inclusion of CSE into educational programs and take specific measures such as the creation of teacher education and training programmes for formal and non-formal education (para.49.u).In a similar vein, the Committee on the Elimination of Discrimination against Women in its General Recommendation Nro 35 of the year 2017 recommended states, as a preventive measure against gender-based violence, the creation of mandatory, periodic and effective training in the field of sexual and reproductive health for all educational personnel -among other sectors -in order to equip them to prevent and adequately combat gender-based violence (para.30.e). 41 To carry out the survey of each country, primary sources were used -specifically official pages of the agencies of each State-.In those cases where the primary sources did not yield more data -either because there were no official pages or they did not have information-, the use of secondary sources has been chosen -such as pages of civil society organizations, academic papers, among others.An important role is given to families in the education of their children, the possibility for parents to take action against the media if they consider that content that contradicts education is being delivered, is recognized (art.320 paragraph 3.II CN).

Chile
The NC makes no mention of CSE.20,418).In addition, the content that promotes responsible sexuality and provides full information on the various existing and authorized contraceptive methods.For its part, Law 21,430 "On guarantees and comprehensive protection of the rights of children and adolescents" of 6/3/22 establishes protection of sexual rights.However, this law was controversial, since prior to its sanction the Constitutional Court of Chile declared unconstitutional three of its articles referring particularly to the role of the family in the progressive autonomy of children and adolescents and to the secular and non-sexist character of education established by the original bill. 43law says that the main executing body of the law is the Ministry of Healthdirectly impacting teacher training.

Colombia
There

Honduras
The Constitution guarantees the right to education (arts.121 and 123), but says nothing about sex education, nor about gender, nor equality/equity between men and women.The Basic Law on Education gives families a wide margin of choice (arts.1, 10 and 11).
In 2018, a Guide for Teachers was created, which are guidelines and proposals for activities for teachers to carry out in the classroom.We don´t know how it is implemented or if it is still in force.

Mexico
The NC makes no mention of CSE.The various norms and public policies identified here allow us to make the following assertions about CSE in the region:

On legality
Argentina is the only country where there is a specific law on CSE -Law N° 26,150.In other cases, there are laws that, although not specific, do refer to the importance of sex education -Paraguay, Uruguay, Bolivia, Colombia, Nicaragua.As it was argued, the existence of a specific law on comprehensive sex education is important because it allows the norm to be maintained over time, gives greater stability to public policy and gives teachers guarantees.In this sense, a clear example of how robust programs can be set aside when they are not established by law is the case of Brazil.In 2011 the so-called "School Kit against Homophobia" was created -later called the "gay kit" by the media.It consisted of a package containing a series of brochures, posters, and audiovisuals.A brochure called "School without Homophobia" was also created, in which didactic proposals were deployed to work on the topic of inequality between men and women and homophobia in the classroom.This brochure specifies the guides for adolescents, teachers, and family to address the videos.Once launched, the videos began to have an important circulation on the web, and were in the sights of the media, who echoed the criticism of religious groups and legislators representing evangelical sectors.One of the main criticisms that was wielded was that the videos made apology of homosexuality or transsexuality, as they were considered inadequate in their content with regards to the age of the recipients.Such was the social debate it generated that President Dilma Rousseff spoke out against them in response to questions from journalists.She said that while she defended the anti-homophobic policy in schools, she considered that the videos were not appropriate and that "the state could not advertise sexual options and could not interfere in people's private lives." 44Subsequently, its distribution was vetoed, and it was established that this type of materials had to be previously analyzed by a committee of the Secretariat of Social Communication dependent on the Presidency.This was confirmed by decision of the Superior Electoral Tribunal -SET-, which requested the suspension of the links, web sites and social networks related to the issue.The social dimension of this was very large. 45 the contrary, the case of Cuba is interesting, where although there is no law, since 2011 there is a Sexuality Education Program with a Gender Focus and Sexual Rights in the National Education System -created by Resolution 16/2011 -which was subsequently updated by Resolution 16 of 2021.This program articulates comprehensive sexuality education strategies at the national, provincial, municipal and community levels. 46 the other hand, the specificity of the law accounts for the place given to sexual education.In this sense, it is not the same that sex education is included in the field of education than in other spaces.In some cases, there are normative provisions on sex education but, for example, framed within health laws. 47In this way, sex education is placed far from the field of education and depending on other areas.Thus, specific policies -creation, execution, monitoring, budget -of sex education are in the hands of the Ministry of Health, as well as topics related to children or women, among others.This is the case of Chile where there is no specific law on CSE but Law No. 20,418 (2010) that establishes rules on information, guidance, and regulates fertility services establishes that "educational establishments recognized by the State must include within the secondary education cycle a sex education program, which, according to its principles and values, includes content that tends to responsible sexuality and provides complete information on the various existing and authorized contraceptive methods, according to the educational project, convictions and beliefs adopted and imparted by each educational establishment in conjunction with the centers for parents and guardians. 48The regulations of the aforementioned law, for its part, maintain that the main executing body of the law is the Ministry of Health -this impacts on teacher training, teaching and pedagogical materials, non-transversality and others.This type of regulation speaks of the existence of a policy of sex education but that it is not comprehensive.Even when it represents some kind of an advance, it does not meet international standards.If we seek an education that is integral and transversal, it cannot be 44 BAEZ et. al. (2015), p. 19 45 BAEZ et. al. (2015). 46In one of the reports of the Committee on the Rights of the Child (2019) on this country, it is argued that achievements in comprehensive sexuality education are reflected in the low indicators of maternal and infant mortality and adolescent pregnancy, broad access to sexual and reproductive health services, and the promotion of gender equity, among others. 47Even this can be noted in some human rights instruments that speak of sexual health, for example, General Comment No. 22 of the Committee on ESCR (2016).Republic of Chile,Law No. 20.418,art. 1. in the hands of health agents who do not know how the education system works, what teacher relations are like, among others.
On the other hand, there are few cases where the regulations governing sex education are national in scope -Argentina-.This has led local jurisdictions and even educational establishments to define the scope of sex education and content -Peru, Bolivia, Costa Rica-.This means that state policies on the subject are not unified but rather depend on the will of each jurisdiction or, where appropriate, of each particular educational establishment that implements them.In this sense, the Ministry of Education of Colombia affirmed that "Schools enjoy full autonomy to define their educational project according to their values and principles.Educational institutions are responsible for harmonizing this autonomy with the respect for the rights of students established by the Constitution and the law."49That is, although the preparation of these manuals is limited by the Constitution and even by the Constitutional Court itself, the role assigned to families and schools is very large.This shows that there is no state policy to address the problem and generate safe educational spaces free of violence.

On integrality
With regards to the three aspects of comprehensiveness, it is possible to argue that there is a diversity of situations in regional regulations.In many cases there is a policy of sex education, but it is not comprehensive but rather focused on the prevention of teenage pregnancy and HIV transmission.A biological or moralistic approach to sex education prevails.For example, in the case of Chile, where the recognition of sex education is linked to the prevention of pregnancies and sexually transmitted diseases.In the case of Bolivia, according to the Institutional Strategic Plan, sex education aims to prevent teenage pregnancy and promote sexual and reproductive rights -from a sanitarian perspective.Thus, what sex education does is consolidate hegemonic meanings and roles in school discourse.In addition, as Báez argues, "sometimes the biomedical gaze can be read in terms of broadening and democratizing the experiences of young people, while in other situations, the tonality it develops only frightens the affective-erotic practices of everyday life."50Likewise, this approach must consider the age of each child and adolescent in the teaching of the CSE, respecting their degree of maturity.We can see this in some countries.In the case of Colombia, for example, the general education law establishes that sex education must be provided according to age.Along similar lines, Bolivia establishes in the Code of Children and Adolescents that the right to receive sex education goes according to physical development.Something similar is established in the Program created in Argentina.
Finally, it is important to integrate the intersectional perspective, particularly in the case of Latin America and the Caribbean, this implies working with the indigenous peoples, Afrodescendant communities, among others.Although we found diversity with regards to the incorporation of integrality in terms of content and age, no specific provisions on CSE and intersectionality have been found in the information surveyed.This is, then, a key challenge when creating and developing a CSE policy.

On transversality
Sex education has been established at all levels of education -preschool, basic and secondary education -in Bolivia, Argentina, Uruguay and Colombia. 51In the latter case, however, sexual education is conceived as a pedagogical project of each educational institution.In the case of Chile, sex education is provided for the middle level only.
In addition, in many cases, the approach that has been given to sex education is not that of transversality.That is, it is taught in a certain subject or as fixed content, with no links to the other learning that occurs in school.We have the case of Costa Rica, where Law 8,626 creates the National Day for the Prevention of Pregnancy in Adolescents, in which official and private institutions related to adolescents must carry out activities to provide qualified and truthful information on sexual and reproductive health, as well as the prevention of pregnancy in adolescents and the protection of pregnant adolescents.This makes the lack of transversality and integrality foreseeable.

On the role of the family
In many cases, the level of interference of families and/or educational institutions with respect to deciding on CSE content is high, leading to the policy not being as effective.This is, for example, the case of Argentina, Bolivia, and Colombia.In the case of Argentina, article 5 of the law establishes that "each educational community will include in the process of preparing its institutional project, the adaptation of the proposals to its sociocultural reality, within the framework of respect for its institutional ideology and the convictions of its members".Because of this, content has been limited/eliminated or sex education is taught in a biological, moralistic or prohibitionist way.Establishments, particularly private denominational ones, have adapted CSE to a form of teaching that does not correspond to the spirit of the norm or to what the principle of autonomy and the right to education imply. 52n the cases of Colombia, Bolivia, Honduras and Peru, the different regulations give families a wide margin to decide what to teach in terms of CSE.For its part, in the case of Chile, the role of the family was also the focus of debate, given that prior to the enactment of Law 21,430 on the Integral Protection and Guarantee of the Rights of Children and Adolescents, the 53 Legislative requested the declaration of unconstitutionality of some articles referring to the possibility of interference by families in the progressive autonomy of children and adolescents in reference to making decisions about their body.Finally, the Chilean Constitutional Court declared the article unconstitutional, expanding the margin of action of mothers and fathers with regards to these decisions.This means that it is the groups of families with economic or political power or even the institutions themselves that oppose the CSE.However, this conflict of rights should have a clear answer.The State sets the contents, and these must be complied with.It is false to believe that CSE will involve teaching children about sex, and reducing it to sexual acts, or that it will involve the promotion of diverse identities, among others.On the contrary, CSE seeks to broaden the outlook, generate awareness, respect for one's own body and that of other people, promote respect for the word, the recognition of diverse identities by expanding the autonomy of children and adolescents.
In Ecuador, the ruling of the Constitutional Court of June 27, 2018 54 is relevant when it concludes that "the intervention of fathers, mothers or the person in whose care they are, on the sexual and reproductive rights of adolescents, must be aimed at providing them with the necessary and sufficient guidance and tools that allow them to make free informed and responsible decisions".These are rights that children and adolescents already have, and no one can take away from them.

On teacher training
In the various regulations analyzed, in general, little importance has been given to continuous teacher training, an essential requirement to achieve the full validity of sex education.As we have stated, teachers are key agents in the teaching of CSE, because ultimately, they are the ones who are with the students daily and can put into action regulations and / or policies established by the States.We have said that it is essential that there be specific CSE laws, that it is mainstreamed in educational systems and that it is implemented effectively, but none of that is enough if there is no teacher training that comprehensively trains those who they will train.This means that there must be content that is specific to health but cannot be limited only to those.
In the survey carried out, it has been difficult to identify the role of teacher training.In this sense, it is possible to highlight those countries such as Argentina, Colombia, Uruguay has continuous teacher training. 55In this way, the analysis of the local regulations of the different countries of the region allows us to conclude that there is no sustained and uniform progress throughout the region in terms of CSE.On the one hand, in certain cases there have been positive advances because it has been possible to sanction or implement laws, regulations and programs that in some way seek to approach to the issue.However, these advances have not been sustained over time, implying in many cases setbacks in the designs or continuity of public policies on sex education.In many cases there has been a lack of political will, budget cuts, advances by ultra-conservative groups that have sought to eliminate the discussion on sex education or have refused to include it in teacher training programs.In this way, it is still necessary to strengthen and polish these public policies so that they are guided by the standards that we have indicated here and, in this way, comply with the international commitments assumed.

V. CONCLUSIONS
Various human rights standards and, especially in the region, the case Paola Guzman Albarracín v. Ecuador, provides strong reasons to develop robust public policies on sex education.
If we understand sexuality as a right that is central to the exercise of citizenship, and children and adolescents as true subjects of rights, it is essential that the school promotes respect for sexuality, identity, equality and non-discrimination.For this purpose, it is necessary to promote spaces for training and exchange protected by the human rights paradigm.
In the internal regulations of each of the countries of Latin America and the Caribbean, progress and implementation are dissimilar.Not all countries have specific CSE laws.This can result in sex education being kept away from schools and regulated only as a health issue, and that there is no specific budget, among other consequences.However, CSE is much more than that and must involve other aspects of sexuality.In this sense, sex education must be comprehensive, that is, not focused on a biological or moralistic model but on the integral formation of the sexuality of children and adolescents.In addition, in certain cases programs have been created but as such have not been sustained over time.In many cases, a relevant role is given to families, which mainly implies leaving aside the objective of the CSE.Initially, it is important to note that in general these policies have placed little focus on teacher education.We understand that this is relevant insofar as teacher training will allow to denaturalize and question stereotypes in a sustained and long-term manner.
The modification or creation of public policies of CSE in the sense that we have studied here could account for the importance that the States give to the need to disarm unequal practices, to take the rights of women and diversities seriously, as well as the recognition of children as true subjects of rights according to the effectiveness of the commitments that States have assumed in the framework of International Human Rights Law.PAUTASSI, L. ( 2013

Table 1 .
The normative situation of CSE in Latin America and the Caribbean

Table 1 .
The normative situation of CSE in Latin America and the Caribbean.Source: own elaboration based on Consultancy on CSE (Center for Reproductive Rights, 2021-2022), Mimeo.