32.The Respondent concluded its submission by indicating that the eradication of child begging has always been a source of constant problem for the Senegalese authorities, despite the enactment of several administrative measures. provisions of the law, decrees, policies, and various Consideration on Merits A. Alleged Violation of Article 4 (best interest of the child) 33.The Complainants allege that the Respondent State has violated Article 4 of the African Children’s Charter, which provides for the best interest of the child, as the State has failed to protect talibés from violations in the daaras. They also allege that the Respondent State is duty bound to assert the best interest of children by regulating the conduct of non-state actors and ensuring that they do not violate children’s rights. 34.The Committee notes that Article 4 of the African Children Charter requires the best interest of the child, one of the four general principles, to be the primary consideration in all actions to be taken by any person or authority., The principle of the best interest of the child aims at safeguarding the realization of children’s rights effectively and contributing to their holistic development.” 35.In guaranteeing the best interest of the child, a State Party has the obligation to ensure the consideration of the best interest of the child in all actions taken by “any person” or authority affecting the life of the child. In this context, “any person” is broadly interpreted and entails that entails that the principle of the best interest of the child must be applied in all actions concerning children, regardless whether those actions are undertaken by private or public entities. . The Committee also notes that ‘action’ includes omissions and commissions that are manifested in decisions, proposals, services, procedures and other measures.”° 36.Applying the principle of the best interest of the child to the vase at hand, the Committee notes that apart from the education, Talibés children the difficulties of attaining children are forced to beg six to eight hours begging day. interest of parents to send their children to receive religious in the Respondent State go to the daaras mainly because of government schooling in their precincts. In the daaras, the by their teachers (marabouts), where on average, they spend with five hours or less left to spend on Qur’anic studies per 37.The Respondent State, being a State prohibition of child begging under Article through its prohibition of child begging as Penal Code. However, the Respondent enforce these provisions by not taking the Party to the Charter, accepts the explicit 29 (b) and it has complied with this obligation provided for under Article 245 to 247(b) of its State has failed to discharge its obligation to necessary administrative measures, including 22 Committee on the Rights of the Child (CRC), General Comment No. 14 on the right of the child to have his or her best interests taken as a primary consideration, para. 4 Ibid, para 17. 10

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