discipline or the good name of the school; or b) the pupil has committed a criminal offence such as theft, malicious injury to property, prostitution, drug abuse or an offence against morality whether or not the pupil is being or has been prosecuted for that offence; c) a pupil has entered into wedlock.’ 73. Whereas it is not explicitly stipulated that girls may be expelled for pregnancy, this is the only legal basis which could have been utilised for a practice that has routinely occurred in the Respondent State. The Committee has previously emphasised that ensuring a child’s holistic development is central to the consideration of their best interests.85 Furthermore, it is always in the best interests of the child to have access to quality education free of charge.86 It is thus not in the best interests of the child to be expelled due to being pregnant or married, as it prevents their access to quality education, which is immensely detrimental to their holistic development and future opportunities. 74. The Committee, acknowledging that the best interests as a right, rule, and principle should be used flexibly and be adapted upon the consideration of the specific circumstances of each child, finds that the conduct of mandatory pregnancy testing, expulsion, and denial of re-entry of pregnant and married girls is a violation of article 4 of the Charter. Alleged violation of article 14 of the ACRWC on the right to health 75. The Complainants allege that the Republic of Tanzania’s acts and omissions constitute a violation of article 14 of the Charter through the enforcement of mandatory pregnancy testing in schools, the subsequent expulsion of pregnant learners, through the failure to facilitate the provision of comprehensive sexuality education to children, and through the absence of youth-friendly health services, and reproductive health services for survivors of sexual violence. The Respondent State argues that appropriate measures have already been taken in all these respects and that it is compliant with the Charter. 76. The issues under investigation by the Committee include whether there is sufficient evidence to prove the alleged conduct and omissions have occurred in the Republic of Tanzania and if these practices constitute a violation of article 14 of the Charter. Furthermore, it remains to be determined whether the alleged absence of appropriate measures- such as comprehensive sexuality education and youth-friendly sexual and reproductive health services- is also a violation of the Charter. 77. Article 14 of the Charter guarantees every child ‘the right to enjoy the best attainable state of physical, mental, and spiritual health,’ and outlines a range of measures State Parties are obliged to undertake to ensure the full implementation of the right to health 85 ACERWC, Communication No 003/Com/001/2012, The Centre for Human Rights (University of Pretoria) and La Rencontre Africaine pour la Defense Des Droits de l’homme (Senegal) V. The Government of Senegal, para 34-5. 86 UNCRC, General Comment No. 14, para 79. JN 30