Respondent State about the matter. Yet, the Respondent State has not undertaken any measures. 104. Therefore, the Committee finds the Respondent State in violation of its obligations under article 1 of the Charter. VIII. Recent developments 105. The Committee was informed by the Respondent State that in November 2021, the Ministry of Education, Science and Technology issued a circular which allowed pregnant girls to be re-admitted to formal schools. The Committee notes that this development came after the Communication was submitted before the Committee on 17 June 2019. Therefore, the Committee is cognizant that the circular developed by the Respondent State is a recent development which took place after the filing of the Communication and that this development does not hinder the Committee from finding violations in the current Communication. However, the Committee also finds it relevant to engage the Circular as the scope of the Circular might be relevant to the operational part of its decision. 106. The Circular which the Respondent State referred to during the hearing and submitted to the Committee is called ‘Education Circular Number 02 of the Year 2021 on School Re-entry for Primary and Secondary School Student’s Dropout for Various Reasons’. It is issued by the Ministry of Education, Science and Technology on 24 November 2021. Section 2.0 of the Circular States that the Circular aims to ensure access to education for all children including students who dropped out of school due to pregnancy. Section 3.0 of the Circular provides that girls who dropped out of school due to pregnancy will be re-admitted to schools within 2 years from the time they dropped out. In addition, Section 4.0 of the Circular provides limitations of the Circular by stating that students who were expelled from schools due to criminal cases or with conduct endangering peace at school are excluded from the opportunity provided by the Circular to continue education in formal schools. 107. Considering the Content of the Circular, and the nature of the current Communication, the Committee observes the following points: a. The Circular does not address most of the issues raised in this Communication which are mandatory pregnancy testing, the expulsion of pregnant and married girls, denial of re-entry to schools, and detention of pregnant schoolgirls. The Circular only addresses the situation of girls who dropped out due to pregnancy. b. The wordings of the Circular are not clear about the situation of children who were expelled from schools due to pregnancy as it only refers to those who dropped out. Given the fact that the expulsion of pregnant schoolgirls was justified by the interpretation of the word ‘morality’ in the Education Regulation, the Committee notes the importance of adopting comprehensive and vivid Circular laws. c. The Circular has a time limitation and only allows those who dropped out two years before the Circular. This excludes all schoolgirls on whose behalf the Communication is submitted as the Communication was filed in June 2019 while JN 38

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