The enforcement of mandatory pregnancy testing in schools does not respect the right
to health in this regard.
82. The Complainant’s allegation that the State Party has failed to uphold its obligation to
facilitate the provision of comprehensive sexuality education to children must also be
considered. The affidavits of the Deponents indicate that these affected children were
not receiving comprehensive sexuality education, even though this is included in the
national curriculum. For example, the Deponent in affidavit two testified:
‘That when I was in school, I was not taught about pregnancy, avoiding pregnancy,
condoms, contraception, or avoiding HIV etc. These things were to be taught from Form
three and I was expelled in Form two.’
The Deponent in affidavit one also states:
‘That during the time when I was at school, we were not provided with adequate information
on how we can prevent a pregnancy. We were told that if a girl goes with a boy, she will
get pregnant and we should not be hanging out with boys.
While the Respondent State, in its submissions, outlines several measures to provide
sex education to children, it is concerning that the affidavits indicate that this is not
being realised on the ground.
83. The fulfilment of the right to health includes the facilitation of access to information
and services and the Joint General Comment of the African Commission and
Committee on Ending Child Marriage explicitly provides for the inclusion of sexuality
education.99 In a case concerning the ban of pregnant learners from schools in Sierra
Leone, the ECOWAS Court called for the integration of sexual and reproductive rights
into school curricula as an effective measure to address the negative impacts of
teenage pregnancy on children.100 The African Commission further stresses the
importance of information and education on family planning/contraception and safe
abortion for women, especially adolescent girls, and young people.101
84. Commending the efforts that the State has already made, the Committee reiterates
that obligations on State Parties are ‘obligations of result’ and a commitment to the
fulfilment of any right must be concretely demonstrated through action and
subsequent impact.102 As has been shown in the affidavits, the obligation of result has
not been fulfilled in this regard, and the Respondent has failed to demonstrate that the
measures to facilitate the provision of adolescent-friendly sexual and reproductive
health services have been implemented. Recognising ‘that the right to health operates
99 Joint General Comment of the ACHPR and the ACERWC on Ending Child Marriage (2017), para 36.
100 ECW/CCJ/JUD/37/19 Women Against Violence and Exploitation in Society (WAVES) & Child Welfare
Society, Sierra Leone (CWS SL) (On Behalf of Pregnant Adolescent School Girls in Sierra Leone) v. Sierra
Leone, 33.
101 ACHPR, General Comment No. 2 on Article 14.1 (a), (b), (c) and (f) and Article 14. 2 (a) and (c) of the
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, para 512.
102 ACERWC Communication No. 007/Com/003/2015, Minority Rights Group International and SOSEsclaves on behalf of Said Ould Salem and Yarg Ould Salem V. The Republic of Mauritania, para 54.
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