the evidence provided, it is clear that the practice of illegally detaining pregnant girls is unjustifiable in any context.119 It is thus an unlawful and arbitrary interference with the right to privacy. 97. It is furthermore concerning that consensual sexual activities between adolescents are criminalised in the Respondent State, when this is out of alignment with accepted standards for respecting the right to privacy of the child.120 Article 10 of the ACRWC has been violated in all respects. Alleged violation of article 1 of the ACRWC on the obligation of States Parties 98. The Complainants in the present Communication allege that the Respondent State has not taken comprehensive legislative measures to prevent the violation of the rights of pregnant and married schoolgirls despite the various notice it has been given regarding the ongoing violation. The Complainants allege that the Respondent State has failed to investigate the matter and take action. The Respondent State argues that it has undertaken to sever legislative measures and that the other practices are justifiable limitations of rights. 99. The Committee therefore investigates: - If there is a failure to undertake legislative and other measures as provided under article 1 of the ACRWC; and If the justification provided by the Respondent State relieves its obligation under article 1 of the ACRWC. 100. Article 1 of the Charter requires State Parties to the Charter to undertake legislative and other measures towards the realization of the provisions of the Charter as well as to discourage any practice that is inconsistent with the Charter. In further explaining the meaning of legislative measures, the Committee previously provided that States should adopt national laws and policies, and undertake a continuous review of the laws and policies to assert their compliance with the Charter.121 The Committee also provided that the element of protection of children from any form of abuse or degrading treatment is an essential element to fulfilling article 1 of the Charter.122 Moreover, State Parties should adopt proactive measures to discourage practices that contravene the provisions of the Charter including addressing the underlying factors. 123 More so, the Committee and other international human rights jurisprudences assert States Parties' obligation in the realization of human rights entails an obligation of result, not an obligation of diligence.124 Therefore, the Committee is of the view that the due 119 UNCRC, General Comment No. 24, para 85. 120 UNCRC, General Comment No. 20, para 39. 121 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 47. 122 As above, para 48. 123 ACERWC, General Comment no 5 on State Party Obligations under the ACRWC and Systems Strengthening for Child Protection, para 7.1. 124 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; JN 36

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