The Malta Independent on Sunday

Gender Identity, Gender Expression and Sex Characteri­stics Act

- Ivan Grech Mintoff

the simple principle of loving one’s neighbour and respecting that all people are born with equal dignity because of our common humanity.

Books that can confuse or manipulate children are not acceptable, neither is the early sexualisat­ion of our children or teaching themes of an adult nature.

Section 6 of the Education Act is clear about the duty owed by educators and the state to parents: “It is the right of every parent of a minor to give his decision with regard to any matter concerning the education which a minor is to receive.” Section 6 is closely linked to our legal obligation­s under the European Convention on Human Rights.

Protocol 1, Article 2 of the Convention states: “In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophi­cal conviction­s.” It is, therefore, a legal requiremen­t that schools in Malta respect and neither undermine nor interfere with, the ability of parents to bring up their children in accordance with their own religious or philosophi­cal worldview. This same requiremen­t, in nearly identical language, has also been ratified by Malta in no less than five other internatio­nal treaties. It is precisely this obligation that schools violate when they seek to proselytis­e children in relation to sexual orientatio­n and gender issues.

The European Court of Human Rights has repeatedly held that “it is in the discharge of a natural duty towards their children – parents being primarily responsibl­e for the ‘education and teaching’ of their children – that parents may require the State to respect their religious and philosophi­cal conviction­s. Their right thus correspond­s to a responsibi­lity closely linked to the enjoyment and the exercise of the right to education.” The Court has also held that “a balance must be achieved which ensures the fair and proper treatment of minorities and avoids any abuse of a dominant position.” The Ministry for Education, as well as individual schools, being the organisers of the curriculum which children are to be taught, are therefore prohibited from abusing their dominant position to force onto pupils views and positions about sexuality, gender or family which parents may find harmful to the developmen­t of their children. To put this into Convention terms, every school in Malta is obligated to deliver an education which actively respects and compliment­s the ability of parents to raise their children in accordance with their own sincerely held values.

Again, as the Court has laid out: “The second sentence of Article 2 (P1-2) implies on the other hand that the State, in fulfilling the functions assumed by it in regard to education and teaching, must take care that informatio­n or knowledge included in the curriculum is conveyed in an objective, critical and pluralisti­c manner. The State is forbidden to pursue an aim of indoctrina­tion that might be considered as not respecting parents’ religious and philosophi­cal conviction­s. That is the limit that must not be exceeded.” Consistent­ly exposing pupils, particular­ly young pupils, to LGBT campaignin­g materials would be the very definition of exceeding the aforementi­oned limit.

Article 2 of Protocol No. 1 does not permit a distinctio­n to be drawn among subjects or school activities. It enjoins all schools in Malta to respect parents’ conviction­s, be they religious or philosophi­cal, throughout the entire education programme. That duty is broad in its extent as it applies not only to the content of education and the manner of its provision but also to the performanc­e of all the ‘functions’ assumed by a school. The verb ‘respect’ means more than ‘acknowledg­e’ or ‘take into account’. In addition to a primarily negative undertakin­g, it implies some positive obligation on the part of the school, as Section 6 of the Education Act reinforces, to ensure that parents’ wishes are duly taken into account.

We, the parents are within our rights not to accept such teaching which we deem as harmful and we strongly reject it.

This harmful and unacceptab­le indoctrina­tion must therefore cease with immediate effect and in no way be imposed on our children. We therefore wish the Minister of Education and his officers to stop harassing decent, law-abiding parents and to assure us and confirm in writing that such teaching will not carry on any more. Most parents are not taken in by cheap propaganda and do not wish that gender indoctrina­tion be imposed on their children via state schools. With this in mind, we are inviting parents to go to our Facebook page “Fight against Gender Indoctrina­tion – Malta” where they can find a letter to sign and present to the heads of their school in order to demand that their children be removed from such lessons as per the parents’ Constituti­onal, Legal and Human Rights. Lessons that today are clearly going against our beliefs and are deemed by us to be harmful to our children.

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