should be used only as a measure of last resort when concerning children who are in conflict with the law.33 In this instance, the girls being detained are not suspected of having committed any crime under Tanzanian law, but rather as survivors of the crime of impregnating a schoolgirl under Section 60A of the Education Act as amended by the Miscellaneous Amendment Act No. 2 of 2016. The detention of persons who have not committed nor are suspected of having committed a crime violates the principle of illegal detention encapsulated above. This detention constitutes an unjustifiable infringement on the girls’ dignity and physical integrity because it violates their dignity as well as their physical and mental integrity as children.34 35. The preamble of the ACRWC mandates State Parties to provide children with ‘legal protection in conditions of freedom, dignity, and security.’ Furthermore, article 16(2) of the Charter mandates the development of protective measures to ensure children are not subjected to cruel, inhuman, and degrading treatment. Girls who are survivors of criminal acts require extensive legal protection in the conditions stipulated under the Charter. The Respondent State has not respected its obligation to provide children with legal protection in conditions of freedom, dignity and security as far as it has failed to; properly investigate suspected illegal detentions, and to prevent such illegal detentions from occurring. The Committee finds this to be a violation of article 16. 36. Finally, the Committee must consider the impact of illegal detention on survivors of sexual violence. This Committee has previously stated that rape is the worst form of sexual abuse and is severely physically and psychologically damaging to children. 35 In the context of survivors of sexual violence, it is necessary to note that sexual violence is itself- a form of cruel, inhuman, and degrading treatment and a violation of article 16 of the Charter.36 Subjecting girls who are survivors of sexual violence to illegal detention is thus a continuation of the cruel, inhuman, and degrading treatment they have already suffered. The UNCRC has cautioned against this and explains that this is a compounded and additional trauma for survivors of sexual violence.37 37. The Committee notes that the forced pregnancy testing, expulsion of the pregnant girls, and their illegal detention is cruel, inhuman, and degrading treatment and subjects them to further trauma if these girls are survivors of sexual violence. The Respondent State has violated article 16 of the Charter in all instances. Alleged violation of Article 11 of the ACRWC on the right to education 38. The Complainants allege that the Respondent State’s Education (Expulsion and Exclusion of Pupils from School) Regulations, 2002 G.N. No. 295 of 2002 explicitly provides for the expulsion of married girls under Section 7(b) and is used to expel pregnant girls on the ground of morality. The Complainants also submit that these girls 33 UNCRC, General Comment No. 24, para 85. 34 ACERWC, Communication No. 006/Com/002/2015, IHRDA and Finders Group Initiative on behalf of TFA v. Cameroon, para 68. 35 ACERWC, Communication No. 006/Com/002/2015, IHRDA and Finders Group Initiative on behalf of TFA v. Cameroon, para. 71. 36 As above. 37 UNCRC, General Comment No.13, para 51. JN 16