Coming up for Delivery of Judgment on: Friday 29th November, 2024
Lodged on: 28th April, 2020
Articles: 4, 6(d), 7(2), 8(1) (c), 27(1), 30(1), 143, 146 and 147 of the Treaty for the Establishment of the East African Community, 2,3,5 and 17 of the African Charter on Human and People’s Rights.
Rules: 25 of the East African Court of Justice Rules of Procedure 2019
Subject Matter: Alleged violation of girl child’s right to education.
The Applicants allege that the acts of the Respondent State through the District Commissioner that derives its legal basis from provisions of the Education (Expulsion and Exclusion of Pupils from Schools) Regulations, G.N. No. 295 of 2002 of introducing requirements that enhance the practice of expelling pregnant girls from educational institutions following forced pregnancy testing is discriminatory, violate the rights to education, violates the principle of proportionality, humiliating, inhuman and degrading and therefore a violation to Articles 6(d), 7(2), 8(1)(c) of the Treaty for the Establishment of the East African Community.
The Applicants pray for declarations that actions of the Respondent State infringe provisions of the Treaty and orders that the Respondent cease implementing policies under the impugned Act; develop strategies, programs and national wide campaigns that focus on addressing the issue of teenage pregnancies through public education and awareness on sexual and reproductive health rights; integrate sexual and reproductive health into school curricula as increased knowledge on family planning and contraceptives will support efforts to address the high rate of teenage pregnancy; and adopt and or implement the guidelines on how to enable school girls to continue with their studies.
The Respondent contends that the impugned Act was passed in 2002 and therefore the Reference is time barred; that the statement by the District Commissioner does not amount to a “decision or act” of the Partner State that can be challenged in this Court.
The Respondent further contends that the restrictions imposed the Act on the right to education are permitted in law as the intend to preserve general discipline, ethics and morals in schools and are not in violation of the human rights of the girl child as they were construed without exclusion of gender and in consideration of human rights as well as traditional and cultural norms and values of the Tanzanian society.
The Respondent prays for dismissal of the Reference with costs.
This is a document produced by the Registry to assist in understanding forthcoming matters before the Court. It does not bind the Court. For authoritative Decisions, Judgments and general information about the Court please visit https://www.eacj.org Contact: Registrar, East African Court of Justice, P.O. Box 1096 Arusha, Tanzania Tel: +255 27 2506093 Fax: +255 27 27 2509493 Email: eacj@eachq.org