adopt special measures to ensure that they access education.’53 Specific and
targeted measures should be carried out to support children in vulnerable
situations.54 In addition to establishing education institutions or providing facilities
for education, the right to free and compulsory primary education imposes a duty
on States to ensure that care givers send their children to schools by taking
measures to eliminate barriers that hinder access to basic education.55 The
Committee recalls its decision where it pounced that States bear the obligation to
prevent and redress the exclusion of children from education even if caused by
third parties.56
85. A violation of the right to education does not only emanate from failure to provide
access to education but also from failure to address factors that hinder access to
education including harmful practices. The UNESCO Convention Against
Discrimination in Education under Article 1 highlights that deprivation of education
through exclusion amounts to discrimination in education. The Committee notes
that children affected by witchcraft accusation are abandoned, detained by
caregivers, killed and maimed, or subjected to hazardous works. As a result of
discriminatory practices, their right to education and many other rights including
parental care, and right to health are violated. In this regard, the Committee does
not have sufficient evidence to find that there is specific discrimination in accessing
education on the basis of witchcraft accusation which amounts to discrimination in
education. Moreover, the Committee notes that children who are provided shelter
by the Government or other NGOs are assisted with their right to access education.
During its investigative mission, the Committee observed the various measures the
Respondent State is putting in place to provide education including the provision
of free education and establishing model schools in each district, particularly in
Akwa Ibom State. While the Committee notes that the Respondent State has
established free education systems and provides educational support in shelters,
it finds that children accused of witchcraft are often excluded from education due
to the broader pattern of abuse, neglect, and abandonment. Although there is no
evidence of direct discrimination within the education system itself, the Committee
finds that the State’s failure to address the underlying harmful practice results in a
consequential violation of the right to education. Children who are not in shelters
remain particularly affected and lack access to support services. Therefore, the
failure to address a discriminatory practice that excludes children from education
and the failure to provide support and education to affected children who are not in
Government shelters becomes a consequential violation of the right to education
of those children who are not provided with support.
86. Therefore, without prejudice to the fact that there is no specific discrimination in
education in the current communication against children accused of witchcraft
accusation, the Committee finds a consequential violation of Article 11(1) of the
Charter as a result of the violence against children accused of witchcraft
53 As above.
54 As above.
55 As above, para 40.
56 ACERWC, Communication No 007/com/003/2015, Minority Rights Group International and
SOSEsclaves v the Republic of Mauritania, 2017, para 74.
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