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.
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