forced pregnancy testing, which are the differential treatments, in this case, are
applied across the country. The Complainants have not provided evidence as to the
fact that pregnancy testing or expulsion are more prevalent in rural or remote areas
for the Committee to find discrimination based on geographic location.
59. The Committee, therefore, finds the Respondent State in violation of article 3 of the
Charter on the right to non-discrimination through its expulsion of pregnant and
married girls, denial of re-entry, mandatory pregnancy testing of schoolgirls, and
detention of pregnant girls on the grounds of sex, age, health status (pregnancy),
marital status.
Alleged violation of article 21 of the ACRWC on the Protection against Harmful
Practices
60. The Complainants allege that the mandatory pregnancy testing, the subsequent
expulsion of pregnant and married girls, and the detention of pregnant girls are guided
by stereotypes on the role of girls and that their moral status is determined by their
virginity, hence violating article 21. The Respondent State argues that the
Complainants have a wrong understanding of article 21 and that it is undertaking
various campaigns to end teenage pregnancy and empower girls.
61. Following the consideration of submissions of both parties, the Committee identifies
the following issues under the alleged violation or article 21:
-
-
Whether or not the mandatory pregnancy testing, the expulsion of pregnant and
married girls, and the detention of girls amount to a violation of article 21 of the
ACRWC; and
Whether or not the measures are undertaken by the State to eliminate teenage
pregnancy and to empower girls are sufficient measures under article 21 of the
ACRWC.
62. Article 21 of the Charter does not provide for a definition of harmful practices, it rather
provides certain grounds for the prohibition of harmful practices. It states that any
practice that affects the welfare, dignity, development health, and life of the child and
is discriminatory on prohibited grounds should be eliminated.75 Article 21(2) explicitly
prohibits child marriage and betrothal of children. The Committee, in further
elaborating article 21(1) of the Charter, adopted the definition of harmful practices
provided by the Committee on the Rights of the Child and the Committee on the
Elimination of Discrimination Against Women.76 The two Committees have identified
4 criteria for defining a harmful practice. Accordingly, practices amount to harmful
practices if:
75 Article 21(1) of the ACRWC.
76 Committee on the Rights of the Child and Committee on the Elimination of Discrimination against Women,
Joint General Recommendation/General Comment No. 31 on the Rights of the Child on harmful practices,
November 2014, para 15.
JN
26