aggravated in rural and poor areas where farming requires intensive use of male labour.310
Thus, States must establish a minimum age of employment which allows both boys and girls
to complete primary and secondary education.311
Health, marriage and pregnancy
Patriarchal practices that limit female autonomy and keep young and teenage girls away from
education usually involve early or unwanted marriages, pregnancies and motherhood.
Teenage marriages are often based on a type of socialisation that reinforces the idea held by
parents that the ultimate objective for girls is matrimony.312
Thus, States should take
measures to ensure that girls’ education is not interrupted or terminated by early marriage and
motherhood. In particular, States should set a minimum age for marriage at a level which
allows both boys and girls to complete their primary and secondary education and which
ensures that girls are not forced into early marriage and motherhood.313
Educational
programmes should be organised for girls and women who have not been able to attend
school or who have left school prematurely, particularly through pregnancy and motherhood.
Pregnant girls and women and mothers should be encouraged to continue schooling, and
support facilities should be provided, preferably in a school environment that can cater to
their special needs (including food and adequate child care).
Their families should be
encouraged to support them in their education.
The Special Rapporteur has explored the issue of pregnancy as a “disciplinary offence” that
may lead to the expulsion of girls from school.314 While on one hand there are societal
pressures and expectations for girls to marry young, the views of parents, teachers and
community leaders tend to support the expulsion of pregnant girls from schools. Most of the
time, expulsion has been seen as a way to punish these “young mothers” and affirm a moral
norm which prohibits teenage sex. The Supreme Court of Colombia has held that “[t]he
conversion of pregnancy – through school regulations – into a ground for punishment violates
fundamental rights to equality, privacy, free development of personality, and to education.”315
310
Report of the Special Rapporteur on the right to education Girls’ right to education E/CN.4/2006/45
8 February 2006 at para 95.
311
See term of reference (i) for further discussion on the minimum age of employment.
312
Report of the Special Rapporteur on the right to education Girls’ right to education E/CN.4/2006/45
8 February 2006 at paras 71 – 72.
313
See term of reference (i) for further discussion on the minimum age of marriage.
314
See Progress Report of the Special Rapporteur on the right to education E/CN.4/2000/6 1 February
2000 at paras 56 – 60 and Report of the Special Rapporteur on the right to education Girls’ right to
education E/CN.4/2006/45 8 February 2006 at para 76.
315
See Progress Report of the Special Rapporteur on the right to education E/CN.4/2000/6 1 February
2000 at para 59 and fn 55.
111