d) The illegal detention of pregnant girls; and
e) The failure to provide children with reproductive and sexual health information
services- leading to early pregnancies.
26. The Complainants allege that the following rights of girls have been violated by the
Republic of Tanzania:
a) The right to education (Article 11)
b) The right to equality and non-discrimination (Article 3)
c) The right to be protected from harmful social practices and stereotypes (Article 21)
d) The principle of the best interests of the child (Article 4)
e) The right to health as it includes the right to access sexual and reproductive health
services (Article 14)
f) The right to privacy and dignity (Article 10)
g) The right to be free from cruel, inhuman, and degrading treatment (Article 16)
h) The right to general measures of implementation (Article 1)
The Respondent State’s Submission on the Merits
27. The Respondent State in its part submits that none of the provisions of the Charter
raised by the Complainants have been violated. The Respondent State submits that
it has endeavoured to ensure access to education by providing free primary and
secondary education despite its limited resources. The submission of the Respondent
State highlighted that the Republic of Tanzania retains a margin of appreciation
regarding the circumstances and conditions prevailing within the State Party in terms
of the provision of education. The Respondent Sate argues that it has the prerogative
to limit the rights of schoolgirls to education if it aims at achieving a certain result. The
Respondent State mainly argues that it has the responsibility to promote African
values and morality and it retains the discretion to determine what is moral or immoral
in the education sector. Accordingly, the Respondent State submits that sexual
relations among children is against African values and morality as such it should be
discouraged by the expulsion of pregnant and married girls. Therefore, the
Respondent State submits that the limitation of rights introduced against the girls in
the communication is carried out to achieve a legitimate aim which is considered
‘relevant and sufficient.’
V.
Third-Party Intervention
28. The United Nations’ Human Rights Council’s Working Group on Discrimination against
Women and Girls filed an amicus curiae brief in relation to this Communication, for
consideration by the ACERWC in line with section XVII (2) of the Committee’s Revised
Guidelines for the Consideration of Communications. Respecting all pertinent
protocols, this brief sought to highlight the international human rights norms and
standards relevant to this Communication and the related international obligations of
the Respondent State in this Communication. The briefing of the amicus curia focused
on the rights to equality and non-discrimination, the right to education, the right to
health, and the right to be protected from gender-based violence. For each of these
issues, the Working Group outlined all relevant international human rights norms and
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