diligence of the Respondent State is assessed by the result it has achieved through
the legislative and other measures it has taken concerning the respective issue.
101. The Respondent State, in this case, has taken legislative measures on the issues
alleged, however, the measures are alleged to be regressive. The Respondent State
has failed to harmonize its age of marriage and also has failed to prevent child
marriage as already discussed above. In addition, the Respondent State has adopted
the Education (Expulsion and Exclusion of Pupils from School) Regulations, 2002
G.N. No. 295 of 2002 which expels pregnant and married girls from schools. This
policy does not discourage practices that hinder the realization of the provisions of the
Charter. The Committee is of the view that the policy protects perpetrators as it
outcasts and stigmatises victims of sexual violence including child marriage. The
result of the policy is a clear violation of the provisions of the Charter as pregnant and
married girls are deprived of their numerous rights in the Charter including their right
to education and health services.
102. Regarding the limitation of rights argument alleged by the Respondent State, the
Committee would like to refer to its previous findings stated above that the limitation
imposed by the Respondent State is against the provisions of the Charter which
ensure the right to education of pregnant girls, protection of children from harmful
practices, and the right to sexual reproductive and health rights and services.
Furthermore, the Committee in its abovementioned analysis has provided that such
limitations are not justifiable or necessary as various alternative measures which
ensure the protection of children can be adopted. Community engagement, making
health services available such as contraception, prevention of child marriage, and
investigation and prosecution of sexual abuse cases are among the few alternatives
available. In undertaking any measure to implement the Charter, the Respondent
State is not allowed to disregard its existing obligation under the Charter. From the
reading of Article 1(2), it can be noted that the provisions of the Charter provide for
the minimum standards to be adopted by States. Article 1(2) states ‘Nothing in this
Charter shall affect any provisions that are more conducive to the realization of the
rights and welfare of the child contained in the law of a State Party or in any other
international Convention or agreement in force in that State.’ Therefore, the Charter
serves as a minimum standard from which State Parties should not deviate but rather
can go beyond in protecting children.
103. The Committee notes that the Respondent State has been informed about the
violation of the rights of schoolgirls as a result of the practices raised in this
Communication yet failed to rectify and take action by reviewing its policy. The joint
letter of urgent appeal of the Committee and African Commission on Human and
Peoples’ Rights that was sent to the Respondent State on 21 July 2017 with Ref:
ACHPR/LPROT/SM/652/17 regarding the school attendance by pregnant girls and
young mothers in the Respondent State is one of the notices that was given to the
ACHPR, Association of Victims of Post Electoral Violence and Another v Cameroon (2009) AHRLR 47
(ACHPR 2009) para 110-111 ; De Cubber v Belgium, application 9186/80, European Court of Human
Rights, judgment, 26 October 1984, para 35.
JN
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