an inherent right to life and this right must be protected by law. Article 5(2) complements
the recognition of this right by obliging states to ensure to the maximum extent possible
the survival, protection and development of the child. The Committee notes the
complementary nature of the right to survival and development as_ essential
preconditions to the enjoyment of the rights protected in the African Children’s Charter.
In other words, the Committee supports the conceptualization of the right to life survival
and development as a general principle that serves to reinforce the raison d'étre of each
of the rights enshrined in the Charter.”°
42. Survival and development encapsulates the right to life and imposes an obligation on
states to ensure an adequate standard of living for children including the right to life and
their physical, mental, spiritual, moral, psychological and social development. The
obligations of the State Party under this principle also encompass protection of
children’s rights to access healthcare and education services, access to clean water,
the right to live in safe and clean environment, and protection from any form of abuse
and degrading treatment, including child labour.
43. In the case at hand, the Committee notes that most talibés are suffering from extreme
hunger on a daily basis, often eating at best one or two small meals a day, usually
consisting of bread and rice. Reports and studies reveal that the majority of begging
children in Dakar, including talibés, were observed to be malnourished, often severely.
The Committee also note that deprived of food by their guardians, many talibés are
forced to beg in markets or door-to-door in neighborhoods to try to fulfill their daily
nutritional needs. As a result of the long hours talibés spend on the street, the
malnutrition they suffer from inadequate food, and the deplorable conditions in many
daaras, resulted in suffering of the children from frequent illnesses.
44, The Committee also notes that there is a reported case where nine Talibés in the dense
Medina neighborhood died after a daara burned down on 03 March 2013.
talibés being crushed in traffic while begging are also frequently reported.
Cases
of
45. Despite the gravity of the problem, the Respondent State has not taken adequate
measures to curb the situation. The Committee strongly believe that in the face of this
tragedy, the Senegalese Government must finally tackle the country’s widespread
abuse and exploitation of young boys through forced begging. Tens of thousands of
boys continue to live and beg in extremely precarious conditions, enriching teachers
who
have
twisted
the
country’s
tradition
of
religious
education.
The
Committee,
therefore, found the situation unacceptable and it contradicts the principles enshrined in
the African Children’s Charter and other international child rights instruments. Hence,
the Government of Senegal has failed to ensure to the maximum extent possible, the
survival, protection, and development of the talibés children, As such, the Respondent
State is in violation of Article 5 of the African Children’s Charter.
26 T Kaime ‘the African Charter on the Rights and Welfare of the Child: A socio-legal perspective’ 2009, 119.
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