quill.gif (3183 bytes) Association Promouvoir et autres v State, Conseil d'Etat, 6 Octobre 2000

Facts: on December 29, 1999, the French Minister of education decided to launch a campaign to distribute leaflets about sexual information and contraceptive means and to hold information meetings about sexual education to students in public high schools. The applicants associations ( as the "Association Promouvoir" and the "Association pour le respect de l'Ítre humain et de la famille") brought a claim before the Conseil d'Etat to cancel this decision to launch such a campaign, on the ground that the Minister's decision was not within its powers.

Holding : the Conceil d'Etat rejected the associations' claims.

Reasoning: under the Law of July 11, 1973 relating to the creation of a council on sexual information and the regulation of births and familial education, "the information to the population about issues of life is a national responsibility". Under article 1 of the Law of July 11, 1975 relating to education, schools aim to "increase the development of children, give them a culture and prepare them to the professional life and to face their responsibilities as citizens". Accordingly, information about contraceptive means falls within the kind of information the State is authorized to give access to children.

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