Respondent State about the matter. Yet, the Respondent State has not undertaken
any measures.
104. Therefore, the Committee finds the Respondent State in violation of its obligations
under article 1 of the Charter.
VIII.
Recent developments
105. The Committee was informed by the Respondent State that in November 2021,
the Ministry of Education, Science and Technology issued a circular which allowed
pregnant girls to be re-admitted to formal schools. The Committee notes that this
development came after the Communication was submitted before the Committee on
17 June 2019. Therefore, the Committee is cognizant that the circular developed by
the Respondent State is a recent development which took place after the filing of the
Communication and that this development does not hinder the Committee from finding
violations in the current Communication. However, the Committee also finds it relevant
to engage the Circular as the scope of the Circular might be relevant to the operational
part of its decision.
106. The Circular which the Respondent State referred to during the hearing and
submitted to the Committee is called ‘Education Circular Number 02 of the Year 2021
on School Re-entry for Primary and Secondary School Student’s Dropout for Various
Reasons’. It is issued by the Ministry of Education, Science and Technology on 24
November 2021. Section 2.0 of the Circular States that the Circular aims to ensure
access to education for all children including students who dropped out of school due
to pregnancy. Section 3.0 of the Circular provides that girls who dropped out of school
due to pregnancy will be re-admitted to schools within 2 years from the time they
dropped out. In addition, Section 4.0 of the Circular provides limitations of the Circular
by stating that students who were expelled from schools due to criminal cases or with
conduct endangering peace at school are excluded from the opportunity provided by
the Circular to continue education in formal schools.
107. Considering the Content of the Circular, and the nature of the current
Communication, the Committee observes the following points:
a. The Circular does not address most of the issues raised in this Communication
which are mandatory pregnancy testing, the expulsion of pregnant and married
girls, denial of re-entry to schools, and detention of pregnant schoolgirls. The
Circular only addresses the situation of girls who dropped out due to pregnancy.
b. The wordings of the Circular are not clear about the situation of children who were
expelled from schools due to pregnancy as it only refers to those who dropped
out. Given the fact that the expulsion of pregnant schoolgirls was justified by the
interpretation of the word ‘morality’ in the Education Regulation, the Committee
notes the importance of adopting comprehensive and vivid Circular laws.
c. The Circular has a time limitation and only allows those who dropped out two
years before the Circular. This excludes all schoolgirls on whose behalf the
Communication is submitted as the Communication was filed in June 2019 while
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