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The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) Communication No: 0012/Com/001/2019 Decision No 002/2022 Legal and Human Rights Centre and Centre for Reproductive Rights (on behalf of Tanzanian girls) v United Republic of Tanzania Original- English JN 1

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001/2018 – Legal and Human Rights Centre (LHRC) & Centre for Reproductive Rights (CRR) v. United Republic of Tanzania

ACERWC Decision

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Type of Document

Decision

Keywords

Best Interest of the Child
Freedom from Discrimination
Protection of Privacy
Right to Health
Right to Privacy
Sexual and Gender Based Violence
Slavery and Human Trafficking

Case Head Notes: The Legal and Human Rights Centre (LHRC) and the Centre for Reproductive Rights filed a communication on behalf of Tanzanian schoolgirls challenging Tanzania's policy of mandatory pregnancy testing in schools, expelling pregnant and married girls from public schools, denying them re-entry after childbirth, unlawfully detaining pregnant schoolgirls during investigations, and failing to provide comprehensive sexuality education and adolescent-friendly reproductive health services. The African Committee of Experts on the Rights and Welfare of the Child held that these practices violated multiple provisions of the African Charter on the Rights and Welfare of the Child. It found that compulsory pregnancy testing infringed girls' privacy and dignity, while expulsion and the permanent denial of re-entry amounted to discrimination and unjustifiably deprived girls of their right to education. The Committee further concluded that Tanzania had failed to protect girls' health, dignity and best interests and had not met its obligation to eliminate harmful practices affecting girls' rights. The Committee ordered Tanzania to immediately prohibit mandatory pregnancy testing, end the expulsion of pregnant and married schoolgirls, readmit girls previously excluded from school because of pregnancy or marriage, investigate unlawful detention of pregnant girls, provide comprehensive sexuality education and adolescent-friendly reproductive health services, reform discriminatory laws and policies, and report to the Committee on measures taken to implement the decision

State Accused

Tanzania

Outcome

Decided on Merits

Year Decided: Apr 1, 2022

Rights Alleged to be Violated (ACRWC Provisions)

ACRWC 1: Obligation of States Parties
ACRWC 10: Prohibition to subject child to arbitrary or unlawful interference with his privacy, family home or correspondence, or to attacks upon his honour or reputation, provided that parents or legal guardians have the right to exercise reasonable supervision over the conduct of their children
ACRWC 11: Education
ACRWC 14: Health and Health Services
ACRWC 16: Protection against child abuse and torture
ACRWC 21: Protection against Harmful Social and Cultural Practices
ACRWC 27: Sexual exploitation
ACRWC 29: Sale, trafficking and abduction
ACRWC 3: Every child is entitled to enjoyment of rights and freedoms in irrespective of race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status
ACRWC 4: In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration

Rights Violated (ACRWC Provisions)

ACRWC 1: Obligation of States Parties
ACRWC 10: Prohibition to subject child to arbitrary or unlawful interference with his privacy, family home or correspondence, or to attacks upon his honour or reputation, provided that parents or legal guardians have the right to exercise reasonable supervision over the conduct of their children
ACRWC 11: Education
ACRWC 14: Health and Health Services
ACRWC 16: Protection against child abuse and torture
ACRWC 21: Protection against Harmful Social and Cultural Practices
ACRWC 3: Every child is entitled to enjoyment of rights and freedoms in irrespective of race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status
ACRWC 4: In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration

Rights Not Violated (ACRWC Provisions)

ACRWC 27: Sexual exploitation
ACRWC 29: Sale, trafficking and abduction

Duration of Procedure: Jul 17, 2019 ~ Apr 1, 2021

Country Geolocation

Latitude: -6.369028

Longitude: 34.888822

Country Geolocation (linked ACERWC Decision ): Tanzania

Primary Documents

ACERWC Decision final Communication No- 0012Com0012019.Tanzania.pdf
English
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African Human Rights CLA 2.0

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001/2018 – Legal and Human Rights Centre (LHRC) & Centre for Reproductive Rights (CRR) v. United Republic of Tanzania

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