The Conseil d’État, to which the matter had been referred by voluntary organisations and private individuals, has ruled that the school curriculum for education in emotional, relational and sexual life (EVARS) complies with the will of Parliament. Indeed, under the law, the public service of education is required to provide information and teaching in that area, particularly to teach pupils to respect the equal dignity of human beings, combat discrimination and help prevent harm to the physical and mental integrity of people. The Conseil d’État also noted that the curriculum is adapted to each age and is based on concepts that result from the current state of science or law, which must be taught in a neutral and objective manner, without encouraging pupils to adopt any particular behaviour. On these grounds, the Conseil d’État dismissed the appeals requesting its annulment.
Following the recommendations of the General Inspectorate of the Ministry for Education, the Conseil supérieur des programmes (higher council for curricula), which brings together academics, education specialists, members of parliament and representatives from society, prepared a plan for a sex education curriculum between 2023 and 2024. After several months of consultation, the Minister for Education, Research and Higher Education issued an order on 3 February 2025, setting out the school curriculum for education in emotional, relational and sexual life (EVARS), applicable from the academic year 2025-2026 in all schools. It further sent out a circular to rectors and to the heads of primary and secondary schools, specifying the modalities of implementation. Voluntary organisations and private individuals petitioned the Conseil d’État to annul those two instruments on the grounds of abuse of power.
Today, it found the order and circular that set out and implement the EVARS curriculum do not conflict with any of the legal standards put forward by the applicants.
The law provides for sex education and information
First of all, the Conseil d’État noted that as of the Act of 4 July 2001 , the French Education Code provides for the organisation of sex education and information sessions for pupils, as part of teaching on citizenship and living in society. The lawmakers thus indicated their wish that the public service of education teach pupils to respect the equal dignity of human beings, combat discrimination, and help prevent harm to the physical and mental integrity of people. As part of that, the law requires the public service for education to provide pupils with sex education and information suitable for their age, at least three times a year, to complement the role of parents and families. As a result, the Conseil d’État found that the Ministry for Education is responsible, as the authority empowered to set the content of school curricula, for defining the disputed curriculum in an order.
The content of the curriculum is adapted for each age, and is based on the current state of science or law
The Conseil d’État then found that the curriculum consists of education on emotional and relational life in the French equivalent of nursery and primary schools, supplemented by sex education from secondary school onwards. It comprises three areas: “knowing yourself, living and growing with your body”, “meeting others, building relationships and finding fulfilment” and “finding your place in society, being free and responsible”, which are broken down into their biological, mental and emotional, and legal and social aspects. For each age, these areas are developed specifically on the basis of concepts that result from the current state of science or law. The Conseil d’État recalled that these concepts should be taught in a manner that is neutral and objective, protects the privacy of pupils, and does not encourage them to adopt any given behaviour. It observed finally that pupils would not be assessed as part of this curriculum.
Sessions devoted to the EVARS curriculum are subject to a specific organisation in schools
The Conseil d’État found that the circular requires schools to design a teaching programme for implementing the EVARS curriculum collectively. It also indicates that when schools call in specialised organisations, they are required to prepare their intervention with that organisation and that a school employee must be in attendance during the intervention. Lastly, it requires schools to inform parents at least once a year of the goals of the teaching provided, and nothing prevents them from providing additional information. In its ruling, the Conseil d’État indicated that parents may also, as permitted by article D. 114-1 of the French Education Code, request information or interviews, including to report the particular circumstances of a pupil.
In view of the content of the EVARS curriculum and its teaching methods, the Conseil d’État found that the order and the circular in question comply with the principle of neutrality of the public service of education, the freedom of conscience of pupils and their parents, the right of parents to raise their children in accordance with their beliefs and, more generally, their parental authority.
On all these grounds, the Conseil d’État dismissed the two appeals brought before it.
Read the decision (in French)