adopt special measures to ensure that they access education.’53 Specific and targeted measures should be carried out to support children in vulnerable situations.54 In addition to establishing education institutions or providing facilities for education, the right to free and compulsory primary education imposes a duty on States to ensure that care givers send their children to schools by taking measures to eliminate barriers that hinder access to basic education.55 The Committee recalls its decision where it pounced that States bear the obligation to prevent and redress the exclusion of children from education even if caused by third parties.56 85. A violation of the right to education does not only emanate from failure to provide access to education but also from failure to address factors that hinder access to education including harmful practices. The UNESCO Convention Against Discrimination in Education under Article 1 highlights that deprivation of education through exclusion amounts to discrimination in education. The Committee notes that children affected by witchcraft accusation are abandoned, detained by caregivers, killed and maimed, or subjected to hazardous works. As a result of discriminatory practices, their right to education and many other rights including parental care, and right to health are violated. In this regard, the Committee does not have sufficient evidence to find that there is specific discrimination in accessing education on the basis of witchcraft accusation which amounts to discrimination in education. Moreover, the Committee notes that children who are provided shelter by the Government or other NGOs are assisted with their right to access education. During its investigative mission, the Committee observed the various measures the Respondent State is putting in place to provide education including the provision of free education and establishing model schools in each district, particularly in Akwa Ibom State. While the Committee notes that the Respondent State has established free education systems and provides educational support in shelters, it finds that children accused of witchcraft are often excluded from education due to the broader pattern of abuse, neglect, and abandonment. Although there is no evidence of direct discrimination within the education system itself, the Committee finds that the State’s failure to address the underlying harmful practice results in a consequential violation of the right to education. Children who are not in shelters remain particularly affected and lack access to support services. Therefore, the failure to address a discriminatory practice that excludes children from education and the failure to provide support and education to affected children who are not in Government shelters becomes a consequential violation of the right to education of those children who are not provided with support. 86. Therefore, without prejudice to the fact that there is no specific discrimination in education in the current communication against children accused of witchcraft accusation, the Committee finds a consequential violation of Article 11(1) of the Charter as a result of the violence against children accused of witchcraft 53 As above. 54 As above. 55 As above, para 40. 56 ACERWC, Communication No 007/com/003/2015, Minority Rights Group International and SOSEsclaves v the Republic of Mauritania, 2017, para 74. 25

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