A/HRC/35/11
I.
Child pregnancy
38.
Prohibitive laws or regulations often deny pregnant girls access to school on the
premise that girls stop being children once they become pregnant. They are also often not
provided with adequate support and services during their pregnancy nor after they give
birth. Mexico recognized the challenges that pregnant girls faced and provided grants to
enable pregnant adolescents (12 to 18 years) to complete their education.
39.
Every girl has the right to remain in school when she is pregnant and to be
reintegrated into school, including through publicized non-discriminatory laws and policies,
after she gives birth.46 Stigma and bullying by students and teachers must be addressed so
that they have a safe learning environment in schools.47 States should ensure that childcare
facilities, breastfeeding rooms and counselling are available to pregnant and nursing girls,
including on school premises.48
J.
Gender-based violence
40.
Girls are often subjected to gender-based violence on the way to/from and in school,
including sexual harassment, assault, abduction, psychological attacks and bullying,
perpetrated predominantly by male students, teachers and community members, but also by
women and girls, often with impunity. Such violence may target girls who attend school or
girls, parents and teachers who promote gender equality and girls’ right to education.
Documented cases of attacks against girls accessing education, in particular in the context
of violent extremism, are on the rise around the world. Yet, few States have specific
legislation on gender-based violence in schools or collect the necessary data to effectively
address it or integrate gender considerations into efforts to prevent and counter violent
extremism.49
41.
School-related gender-based violence often leads to girls’ removal from school
owing mainly to concerns for their “marriageability” and attitudes relating to so-called
honour. 50 Such violence commonly leads to trauma and stigmatization, and sometimes
pregnancy, which significantly curtail the victim’s access to education.
42.
Various measures have been taken to address this issue, including confidential
school monitoring and reporting mechanisms; child-friendly courts; public registers of
sexual offenders and prohibition from working with children; capacity-building for law
enforcement officials; and rehabilitation services for victims. 51 UNESCO highlighted the
“Global guidance on school-related gender-based violence”, which provides useful
approaches, methodologies, tools and resources to address school-related gender-based
violence.
43.
States have an international legal obligation to take appropriate and effective
measures to protect girls against all forms of gender-based violence by both public and
private actors,52 including the obligation to act with due diligence to prevent and investigate
cases of gender-based violence, including by teachers, to duly prosecute and hold
perpetrators accountable and to ensure the right of victims to an effective, child-friendly
46
47
48
49
50
51
52
Rights of the Child, general comment No. 20 (2016), para. 61; Committee on the Rights of Persons
with Disabilities, general comment No. 3 (2016) on women and girls with disabilities, para. 40.
Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful
practices, para. 69 (a).
Submission from Defence for Children International.
Committee on the Elimination of Discrimination against Women, general recommendation No. 34
(2016), para. 43 (g).
See A/HRC/26/39, para. 105; A/HRC/33/29, paras. 23, 27, 30, 35 and 64.
OHCHR, “Attacks against girls seeking access to education”, p. 3.
See A/HRC/26/39, para. 105; OHCHR, “Attacks against girls seeking access to education”, para. 27.
Committee on the Elimination of Discrimination against Women, general recommendation No. 19
(1992) on violence against women, paras. 9 and 24 (a).
9
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