Towards 2040: defining an African human rights framework on the right to education of pregnant girls and adolescent mothers

This policy brief calls on the African Union to adopt a continental human rights framework that guarantees pregnant girls and adolescent mothers across Africa can stay in, or return to, school.

Across Africa, one in every five girls become pregnant before they turn 19. In 2024, the United Nations Children's Fund estimated that six million pregnant and parenting girls aged 10 to 19 were out of school, and fewer than 5% return after pregnancy. Many are excluded once schools or families find out about a pregnancy, facing stigma, discrimination and a lack of support.

Most African Union member states have adopted laws or policies that allow girls to continue or resume schooling during and after pregnancy. However, implementation is inconsistent. Around 20 member states still lack adequate measures, and some policies include harmful conditions, such as mandatory pregnancy testing or excessively long mandatory leave, that push girls out of education rather than support their return.

This policy brief recommends that the African Committee of Experts on the Rights and Welfare of the Child should adopt continental guidelines to help all African Union states meet their obligations under article 11(6) of the African Children's Charter. It sets out the components that a comprehensive framework should include, covering free education, school-based accommodations, childcare, sexual and reproductive health services, and monitoring and accountability mechanisms, with the aim of ensuring no girl is denied her right to education because of pregnancy by 2040.

This resource is from Human Rights Watch, the Center for Reproductive Rights, Plan International and the Forum for African Women Educationalists (FAWE), organisations working together to advance girls' rights to education and sexual and reproductive health across Africa, including through advocacy for policy reform, legal accountability and support for pregnant and parenting learners.

Key messages

• Most African Union states have laws or policies allowing girls to stay in or return to school after pregnancy, but around 20 still lack adequate measures.
• Existing policies are often poorly implemented, underfunded, or include harmful practices such as mandatory pregnancy testing and excessive mandatory leave.
• At least six countries criminalise sexual activity outside marriage, compounding the exclusion of pregnant girls from school.
• This policy brief urges the African Committee of Experts on the Rights and Welfare of the Child to adopt continental guidelines to help states meet their obligations under the African Children's Charter by 2040. A comprehensive framework should cover free education, school-based support, childcare, sexual and reproductive health services and stronger accountability.