the application of the Circular operates on girls who dropped out starting from
November 2019.
d. The exclusion of children who have been expelled from schools due to criminal
cases also negates the purpose of the Circular as it relates to this
Communication. Wedlock is a ground for expulsion from schools in the Education
Regulation, hence, the Circular can be used to deny the re-admission of married
schoolgirls.
e. The Circular does not have a clause about repealing the Education Regulation or
other inconsistent rules and policies. Moreover, there is no indication that the
Circular takes precedence over the Regulation.
108. Considering the above-mentioned issues on the Circular, the Committee is of the
view that the Circular does not address the issues raised in this Communication.
IX.
Decision of the Committee
109. Based on the foregoing analysis, the Committee finds the Respondent State in
violation of its obligations under article 1 (obligation of states parties), article 3 (nondiscrimination), article 4 (best interests of the child), Article 10 (protection of privacy)
article 11 (education), Article 14 (health and health services), Article 16 (protection
against child abuse and torture), and article 21 (protection against harmful social and
cultural practices). The Committee, therefore, recommends for the Respondent State
to:
- Immediately prohibit mandatory pregnancy testing in schools and health facilities
and publicly announce the prohibition;
- Review the Education (Expulsion and Exclusion of Pupils from School)
Regulations, 2002 G.N. No. 295 of 2002 and in doing so remove wedlock as a
ground of expulsion and provide an indication that the moral ground of expulsion
should be interpreted narrowly and should not apply in cases of pregnancy of
schoolgirls;
- Undertake concrete steps to prevent the expulsion of pregnant and married girls
from schools including by providing laws and policies on the same;
- Remove any policy of non-re-entry of schoolgirls including girls who have dropout of school due to pregnancy or wedlock;
- Immediately re-admit schoolgirls who have been expelled due to pregnancy and
wedlock and provide special support programmes to compensate for the lost
years and ensure better learning outcomes for the returned girls;
- Provide clear guidance to school administrators that girls who drop out of school
due to pregnancy or wedlock with their preference are allowed to come back to
school with no preconditions;
- Investigate the cases of detention of pregnant girls and immediately release
detained pregnant girls who are being interrogated to reveal who impregnated
them and stop such kinds of illegal arrests of pregnant girls;
- Provide sexuality education for adolescent children and provide child friendly
sexual reproductive and health services;
- Undertake extensive sensitization of teachers, health care providers, police and
other actors with regards to the protection that should be accorded to pregnant
and married girls;
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