tens of thousands of talibés in Senegal. Though the Respondent State has ratified international laws and prohibits the act of child begging under its national law, it has failed to take any effective administrative measures against the marabouts and to protect the talibés from exploitation. Therefore, the Government of Senegal has violated Article 15 (2) of the African Children’s Charter which requires the State Party to take appropriate administrative measures to ensure the full protection of children from child labor having regard to the relevant provisions of the ILO’s instruments. F. Alleged violation of Article 16 (protection against child abuse and torture) 62.In this communication the Complainants submit that the fact that the talibés are regularly subjected to beatings and fear in cases where they do not reach the minimum daily begging quota, leads to high levels of stress and anxiety which amounts to violation of their right to be protected from abuse and torture under Art 16 of the African Children’s Charter. 63. Considering the complaint, the Committee notes that as prescribed under the African Children’s Charter, protecting children from abuse and torture requires States to adopt legislative, administrative, social and educational measures through effective establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect. 64. Taking into alleged by committed Committee Sudan the treatment.*° consideration the elements of the provision of the law and the acts as the Complainants, the Committee discusses whether the beatings by marabouts amounts to child abuse and torture. In this regard the refers to the jurisprudences of the ACHPR. In Curtis Francis Doebbler v African Commission found the act of lashing as it constitutes a cruel Moreover, in International Pen and Others v Nigeria, the ACHPR defines inhumane and degrading treatment to include ‘not only actions which cause serious physical or psychological suffering, but which humiliate the individual or force him or her to act against his will or conscience’.*" 65.In the case at hand, the Committee notes that the beating of the talibés qualifies as a physical punishment since physical force is used and intended to cause some degree of pain or discomfort for not bringing the required quota. There are also reported cases where falibés typically described being taken to a room, stripped of their shirt, and beaten with an electric cable or a club.*? In some instances the beatings and physical abuse may rise to the level of torture under the Convention against Torture. According to the Convention ‘torture means any act by which severe 4 African Commission (2003); see para. 42. on Human and Peoples’ Rights, Curtis Francis Doebbler v. Sudan, Comm. No. 236/2000 International Pen and Others (on behalf of Saro-Wiwa) v Nigeria (2000) AHRLR 212 (ACHPR 1998) 4? Off the backs of children: forced begging and other abuses against talibés in snegal, Human Rights Watch report 2010. 17

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