conditions, neglect, insensitive or abusive
opportunities for realizing human potential.”*°
treatment
and _ restricted
72.The Committee notes the crucial link between child labor
development. Child labor, in all its forms*’, severely impedes
development and wellbeing of a child. In the Communication at
and Yarg have been subjected to one of the worst forms of
which is modern slavery or slavery like practices. They were
and child
the overall
hand, Said
child labor,
treated as
properties of the El Hassine family and were required to work long hours
without pay, suffering physical and physiological abuse and deprived of
education and recreation. It is the Committee’s view that the situation they
were in severely limited their physical and psychological development and
deprived them of their childhood.
73. In this regard, the Committee has deliberated on what would be the duty of
the Respondent State in ensuring that the rights to survival and
development of the two children are uphold. The Committee notes that the
Respondent
State has a duty to protect the survival
and
development
of
the child from encroachment by third parties. The duty to protect this right
requires the Respondent
State to ensure that the survival and
development of the child by ensuring, inter alia, the right to education,
health, nutrition, leisure and recreation are realized. The Respondent State
has to also ensure that the child is protected from any form of abuse,
violence and torture. Said and Yarg were in a situation that severely
hindered their development throughout their childhood. The failure of the
Respondent State to prevent this and to prosecute and punish all those
involved in the enslavement of the children as well as to provide timely and
adequate remedy to the children is contrary to the obligation of the
Government
of Mauritania
under the Charter.
Therefore,
the Committee
finds that the Respondent State has failed to holistically realize the rights
under the Charter to ensure the survival and development of the Said and
Yarg, thereby violating its duty under article 5(2) of the African Children’s
Charter.
Alleged violation of article 11 on the right to education
74. State Parties’ obligation with respect to the right to education entails,
among other things, the provision of free and compulsory basic education
and undertaking special measures to ensure that disadvantaged children
have equal access to education.*# The compulsory aspect of education
calls upon States to take positive measures
to ensure that all children are
enrolled in school. The UN Committee on Economic, Social, and Cultural
Rights
expounded
that
the
right
to
education
entails
elements
of
“° UNCRC General Comment 7 para 10.
“ILO Convention 182 article 3 and ILO Convention 190 article 3. According to ILO 182 all forms of
slavery and practices similar to slavery are as classifies as worst forms of child labor to be eliminated
without delay. Other forms of child labor in this category include the sale and trafficking of children, debt
bondage and serfdom, forced or compulsory labour, including forced or compulsory recruitment of
children for use in armed conflict, the use, procuring or offering of a child for prostitution, for the
production of pornography or for pornographic performances, the use, procuring or offering of a child for
illicit activities,
in particular for the production
and
trafficking of drugs
and work which,
by its nature
the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
or
* ACRWC article 11(3)(a)&(e).
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