friendly health services, as well as sexual and reproductive health services to survivors of sexual violence. Alleged violation of article 10 of the ACRWC on the right to privacy 89. The Complainants allege that the practices of mandatory pregnancy testing and the illegal detention of pregnant girls violate their right to privacy regarding the right to privacy’s indivisibility from the rights to dignity and physical integrity. The Complainants further argue that the practices of imposing mandatory pregnancy testing and the expulsion of girls are both unlawful and arbitrary and cannot be justified as necessary or carefully tailored preventative or disciplinary measures. The Respondent State stresses the fair balance that must be struck between the competing interests of the individual and the community. The Respondent further alleges that it is due diligence in the investigation of a crime to question the victim and that there is no evidence of illegal detentions occurring in the State Party. 90. In determining whether the Respondent State has violated article 10 of the Charter, the Committee must consider whether the practices of mandatory pregnancy testing and the illegal detention of pregnant girls are violations of the right to privacy. The available evidence must be considered to determine whether the Respondent State has violated the right to privacy in this regard. 91. Article 10 of the Charter states that: No child shall be subject to arbitrary or unlawful interference with his or her privacy, family home, or correspondence, or to attacks upon his honour or reputation, provided that parents or legal guardians shall have the right to exercise reasonable supervision over the conduct of their children. The child has the right to the protection of the law against such interferences or attacks. 92. While the requirement that no interference may be unlawful envisages that such interference should be prescribed by law, the requirement that no such interference may be arbitrary foresees that this interference cannot compromise any other rights in the Charter.106 Rather, for interferences not to be arbitrary, they must be deemed to be reasonable.107 Reasonableness requires that the measures taken are responsive to context, are not discriminatory, and do not infringe any rights. 108 There must also be a balance between the goal sought and the means employed for this goal to be achieved.109 93. The right to privacy is further implicated in the manner in which consent is (or is not) obtained in matters concerning a child’s health.110 Children should be allowed to give their prior informed consent before and while undergoing any medical procedure, 106 CCPR, General Comment No. 16, para 4. 107 As above. 108 Constitutional Court of South Africa, Government of the Republic of South Africa and Others v Grootboom and Others 2000 (11) BCLR 1169 (CC) para 44. 109 As above, para 46. 110 UNCRC, General Comment No. 4, para 29. JN 34

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