conditions, neglect, insensitive or abusive opportunities for realizing human potential.”*° treatment and _ restricted 72.The Committee notes the crucial link between child labor development. Child labor, in all its forms*’, severely impedes development and wellbeing of a child. In the Communication at and Yarg have been subjected to one of the worst forms of which is modern slavery or slavery like practices. They were and child the overall hand, Said child labor, treated as properties of the El Hassine family and were required to work long hours without pay, suffering physical and physiological abuse and deprived of education and recreation. It is the Committee’s view that the situation they were in severely limited their physical and psychological development and deprived them of their childhood. 73. In this regard, the Committee has deliberated on what would be the duty of the Respondent State in ensuring that the rights to survival and development of the two children are uphold. The Committee notes that the Respondent State has a duty to protect the survival and development of the child from encroachment by third parties. The duty to protect this right requires the Respondent State to ensure that the survival and development of the child by ensuring, inter alia, the right to education, health, nutrition, leisure and recreation are realized. The Respondent State has to also ensure that the child is protected from any form of abuse, violence and torture. Said and Yarg were in a situation that severely hindered their development throughout their childhood. The failure of the Respondent State to prevent this and to prosecute and punish all those involved in the enslavement of the children as well as to provide timely and adequate remedy to the children is contrary to the obligation of the Government of Mauritania under the Charter. Therefore, the Committee finds that the Respondent State has failed to holistically realize the rights under the Charter to ensure the survival and development of the Said and Yarg, thereby violating its duty under article 5(2) of the African Children’s Charter. Alleged violation of article 11 on the right to education 74. State Parties’ obligation with respect to the right to education entails, among other things, the provision of free and compulsory basic education and undertaking special measures to ensure that disadvantaged children have equal access to education.*# The compulsory aspect of education calls upon States to take positive measures to ensure that all children are enrolled in school. The UN Committee on Economic, Social, and Cultural Rights expounded that the right to education entails elements of “° UNCRC General Comment 7 para 10. “ILO Convention 182 article 3 and ILO Convention 190 article 3. According to ILO 182 all forms of slavery and practices similar to slavery are as classifies as worst forms of child labor to be eliminated without delay. Other forms of child labor in this category include the sale and trafficking of children, debt bondage and serfdom, forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict, the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs and work which, by its nature the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. or * ACRWC article 11(3)(a)&(e). 21

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