Alleged violation of Article 5 (2) on the right to survival and development 65. The Complainants argue that the Respondent State has a duty to protect the right to survival, protection and development of Nigerian children by diligently preventing and punishing acts of witchcraft accusations that endanger their survival and development and make them vulnerable to harmful practices. The Complainants further contend that the Government of Nigeria has taken no concrete steps to stop the practice as the children continue to be subjected to all forms of torture, severe beatings and abandonment which amounts to a violation of Article 5(2) of the Charter. The Respondent State argued that the Nigerian Child’s Rights Act protects this right by providing that “Every child has the right to survival and development”40. It also submitted that the State has formulated policies and legislation to foster children’s survival especially vulnerable children by providing shelters, free universal basic education, including establishing inclusive learning environments for those living with disabilities, specialized courts, free medical services, including for those who are victims of sexual and gender-based violence, and free immunization against diseases. The homes built for children are equipped with skills acquisition centres and recreation areas for a wholistic development of the children cared for. 66. In considering the alleged violation of Article 5(2), the Committee identifies that issues for determination is whether the Respondent State’s measures ensure the right to survival and development of children accused of witchcraft as provided for under article 5 (2) of the African Children’s Charter. 67. Article 5 (2) of the Charter provides that States Parties shall ensure, to the maximum extent possible, the survival, protection and development of the child. As established by the Committee’s jurisprudence “the right to survival and development encompasses all aspects of the development of the child as the physical and psychological wellbeing of the child are interrelated”.41 The right to survival and development can only be realized through the implementation of all of the rights under the Charter including the right to health, right to education, and protection from abuse, torture and child labour, among others.42 In this regard, the Committee shares the view of the UNCRC, as stated in its General Comment No 7 that the physical health and physiological wellbeing of the child that are critical for the child's development, "may be put at risk by adverse living conditions, neglect, insensitive or abusive treatment and restricted opportunities for realizing human potential."43 Furthermore, the Committee recalls its jurisprudence where it affirms Survival and development encapsulates the right to life and imposes an obligation on states to ensure an adequate standard of living for children including the right to life 40 Laws of the Federation of Nigeria 2004 Chapter C, Child’s Right Act, 2003, Section 4. 41 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 Senega, 2015, para 71. 42 As above. 43 UNCRC General Comment No 7 on Implementing Child Rights in Early Childhood, Para 11. 20