This policy brief shows that the majority of African states have adopted measures that stipulate that girls can return to school after pregnancy. Notwithstanding important progress, governments’ implementation, enforcement, and compliance regarding their human rights obligations requires greater attention. About 20 AU member states have not adopted adequate measures to comply with article 11(6) of the African Children’s Charter. Some continue to criminalize sexual conduct outside marriage, with disastrous effects on pregnant girls’ education. This inconsistent approach across Africa demonstrates an urgent need to address the implementation gap between states parties’ obligations under the African human rights treaties and the actions and measures taken by African governments to uphold or hinder the right to education of pregnant girls and adolescent mothers. On this premise, the ACERWC should advance an African human rights framework to provide African states with continent-specific human rights guidance on state obligations to fulfill the right to education of pregnant girls and adolescent mothers. The framework would serve a dual purpose: first, provide continental guidelines to AU member states to ensure full compliance with article 11(6) of the African Charter on the Rights and Welfare of the Child, as well as other relevant provisions in other key African human rights treaties that outline protections for learners who are pregnant or parenting; second, ensure that the ACERWC, working alongside African human rights mechanisms, specialized agencies and through high-level AU political processes, collaborates with all AU member states to adopt and implement adequate, human rights-compliant measures to protect the rights of pregnant girls and adolescent mothers by 2040.
Centre de Ressources sur la Santé et L'Éducation