are expelled with no chance of re-entry, hence, the policy is a violation of the right to education as provided under article 11 of the Charter. The Complainants further submit that forced pregnancy testing of schoolgirls, which is practiced in schools, is against the principle of article 11(2)(b). The Respondent State argues that its policy of forced pregnancy testing and expulsion of pregnant and married girls is guided by an African value that does not encourage sexual relations of children. The Respondent State further argues that it has the margin of appreciation to limit the right to education on the ground of morality by relying on Handyside v UK and Abdulaziz v UK cases of the European Court of Human Rights and argues that it has the mandate to determine what is moral and immoral in its territory. Regarding the issue of forced pregnancy testing, the Respondent State argued that it is not a ‘forced’ testing but rather a ‘mandatory’ pregnancy testing and further submitted that there is no proof that the mandatory pregnancy testing has resulted in school dropouts to indicate that it is a violation of the Right to Education. The Respondent State also submits that it provides Complementary Basic Education (COBET) as well as Integrated Community Based Adult Education (ICBAE) as alternative education programs for children who are not in the regular education system. 39. Following the observation of the submissions of both parties, the Committee identifies issues for analysis with regards to the alleged violation of article 11 of the ACRWC which are: - Whether or not the expulsion of pregnant and married girls from schools with no chance of re-entry violates article 11 of the Charter; Whether or not forced/mandatory pregnancy testing in schools violates the right to education as provided under article 11 of the Charter; and Whether or not the Respondent State’s measures of mandatory testing and expulsion of pregnant and married girls can be justified by the doctrine of margin of appreciation. 40. The Committee notes, that the right to education is an inherent right of all children, recognized under the African Charter on the Rights and Welfare of the Child (ACRWC) and other international and regional instruments. Article 11 of the ACRWC provides for the right to education of all children, and it sets out the aim of education, States obligation towards the realization of children’s right to education as well as special measures that should be undertaken to support certain groups such as girls and gifted children. More specifically, article 11(6) of the Charter provides, ‘States Parties to the present Charter shall have all appropriate measures to ensure that children who become pregnant before completing their education shall have an opportunity to continue with their education based on their individual ability’. Moreover, the Committee notes that article 11(5) and (6) of the Charter provide for education for all with no condition being attached. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) indicates that the promotion of the enrolment and retention of girls in education and prevention of any exclusion from education, which amounts to discrimination in education is the JN 17