legal and policy frameworks governing the issue of exclusion of pregnant
girls and young mothers; orders to address the underlying issue of teenage
pregnancies and inadequate sexual and reproductive education and health
services.
55. The Court notes, in particular, the ACERWC’s decision in paragraph 109
where it is stated as follows:
109. Based on the foregoing analysis, the Committee finds the Respondent
State in violation of its obligations under article 1 (obligation of states
parties), article 3 (non-discrimination), article 4 (best interests of the
child), Article 10 (protection of privacy) article 11 (education), Article 14
(health and health services), Article 16 (protection against child abuse
and torture), and article 21 (protection against harmful social and
cultural practices). The Committee, therefore, recommends for the
Respondent State to:
- Immediately prohibit mandatory pregnancy testing in schools and
health facilities and publicly announce the prohibition;
- Review the Education (Expulsion and Exclusion of Pupils from
School) Regulations, 2002 G.N. No. 295 of 2002 and in doing so
remove wedlock as a ground of expulsion and provide an indication
that the moral ground of expulsion should be interpreted narrowly
and should not apply in cases of pregnancy of schoolgirls;
- Undertake concrete steps to prevent the expulsion of pregnant and
married girls from schools including by providing laws and policies
on the same;
- Remove any policy of non-re-entry of schoolgirls including girls who
have drop-out of school due to pregnancy or wedlock;
- Immediately re-admit schoolgirls who have been expelled due to
pregnancy and wedlock and provide special support programmes to
compensate for the lost years and ensure better learning outcomes
for the returned girls;
- Provide clear guidance to school administrators that girls who drop
out of school due to pregnancy or wedlock with their preference are
allowed to come back to school with no preconditions;
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