standards found in international and regional instruments, General Comments, and
other soft laws for the Committee’s consideration.
VI.
Issues for investigation by the ACERWC
29. Following the arguments made by all the parties involved in the Communication, the
Committee has framed the following issues as matters of deliberation and
investigation to inform its Decision:
a) Whether the Respondent State has adopted a policy and practice which has
resulted in forced pregnancy testing of schoolgirls and the expulsion of pregnant
and married girls from schools with no re-entry opportunities;
b) Whether the act of the Respondent State is a violation of the various rights of
children and its state obligations in the African Charter on the Rights and Welfare
of the Child; and
c) Whether the applicants are entitled to any remedies.
VII.
The Committee’s analysis on the merits of the alleged violations
The Committee considers and analyses the alleged violations in the orders submitted in
the Communication.
Alleged violation of article 16 of the ACRWC on cruel, inhuman, and degrading
treatment
30. The Complainants have argued that mandatory pregnancy testing and the expulsion
of pregnant and married girls inflict physical and mental suffering upon them and
amount to cruel, inhuman, and degrading treatment under article 16 of the Charter.
They also allege that the illegal detention of pregnant girls, who in some cases are
survivors of sexual violence, to extract information about who impregnated them,
constitutes a further violation of article 16. The Respondent State has argued that
there is no evidence of such treatment and that its measures comply with article 16 of
the Charter. Furthermore, the Respondent State has argued that it cannot be held
responsible for the conduct of private actors where the State cannot be shown to have
instigated this conduct.
31. The issues for determination by the Committee regarding whether the practices of
mandatory pregnancy testing and expulsion and the illegal detention of pregnant girls
who are sometimes also survivors of sexual violence amount to cruel, inhuman and
degrading treatment. It is also necessary to determine whether the State can be held
responsible for the conduct of private actors in this context.
32. At the outset, it must be stated that the Committee has previously ruled that the State
is responsible for acts that violate article 16 which are perpetrated by private actors
where the State has not acted to prevent or investigate such acts, so long as it can be
shown that representatives of the State knew or had reasonable grounds to believe
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