directly or indirectly as a prerequisite to all other human rights;’ this obligation has not
been upheld by the Respondent State.103 Furthermore, the practices of mandatory
pregnancy testing and expulsion as measures to curb teenage pregnancy represent
a failure by the Respondent State to respect the standards outlined for the fulfilment
of children’s rights to sex education and health services. Not only do the practices of
mandatory pregnancy testing and the expulsion of children for being pregnant need
to be eliminated, but the full implementation of the provision of comprehensive
sexuality education and child-friendly sexual and reproductive health services must
be realised.
85. With further regard to the issue of providing health services to survivors of sexual
violence, the Committee notes that teenage pregnancy is often caused due to rape
and exploitation. Furthermore, child marriage, which constitutes another ground for
girls’ expulsion from school in Tanzania, is a form of sexual violence which renders
girls more vulnerable to being subjected to other forms of sexual violence without any
channels to seek help.104 The Committee further recognises the African Commission’s
Guidelines on Combating Sexual Violence and Its Consequences in Africa, which
outlines the medical support which should be afforded to survivors of sexual
violence.105
86. The Respondent State’s policy of forcing girls to undergo mandatory pregnancy
testing and subsequently expelling them does not consider the especially damaging
effect this would have on girls who are survivors of sexual violence. Furthermore, the
law on abortion in Tanzania does not allow a person to have an abortion where that
pregnancy resulted from rape. Article 14(2)(c) of the Maputo Protocol requires State
Parties to authorise ‘medical abortion in cases of sexual assault, rape, incest, and
where the continued pregnancy endangers the mental and physical health of the
mother.’
87. The Committee notes that the prevalence of teenage pregnancy among schoolgirls is
a result of a lack of sexual reproductive health services and comprehensive sexuality
education for children and adolescents. In some instances, it is also a result of the
lack of services available for survivors of sexual violence. Furthermore, the Committee
notes that the lack of such services also forces schoolgirls to resort to unsafe abortion
which further endangers their life, survival, and development.
88. The practice of enforcing mandatory pregnancy testing on schoolgirls and
subsequently expelling them from schools is a violation of article 14 of the ACRWC.
In light of the evidence provided, it is also clear that the comprehensive
implementation of the State Party’s obligation to facilitate the provision of sex
education to children has not been realised. The Respondent State has violated article
14 of the Charter through this omission. The Committee finds furthermore that the
Respondent State has also violated article 14 of the Charter by failing to provide child103 ACHPR, Communication No. 323/06, Egyptian Initiative for Personal Rights and INTERIGHTS v Egypt
(2013) para 261.
104 ACHPR, Guidelines on Combating Sexual Violence and Its Consequences in Africa at 15; Joint General
Comment of the ACHPR and the ACERWC on Ending Child Marriage (2017), para 12.
105 ACHPR, Guidelines on Combating Sexual Violence and Its Consequences in Africa, 26.
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