Esther Major 123 Pregnancy and Virginity Testing in Educational Settings and the Torture and Other Ill-Treatment Framework eSther maJor* Abstract It is still the case that in some countries girls are subjected to humiliating and degrading “tests” if they are suspected of being pregnant. Often adults in positions of authority will touch girls' breasts and stomachs, or make them take urine tests to ascertain their pregnancy status. The subsequent punishments for girls who are found to be pregnant include public humiliation, exclusion from school or exams and sometimes physical violence. So-called "virginity" testing of young women and girls also persists in a number of countries in order for them to be admitted to schools and col­ leges, to sit exams, or to qualify for bursaries. The evidence shows that negative gender stereotypes motivate such invasive tests and punish­ ments and that their continued existence reaffirms negative societal structures that harm women and girls. Mandatory pregnancy and "virginity" tests were raised by the United Nations Special Rapporteur on Torture in former mandate holder Juan E. Méndez's ground-breaking report on gender and torture or other ill-treatment. This article applies the torture and ill-treatment framework to the experiences of girls subjected to such tests and punishments in schools and colleges. It draws on the stated intentions of proponents of these policies and laws, transnational jurisprudence and international norms. The analysis indi­ cates that, following the lead shown by the Special Rapporteur, a more robust application of the torture and other ill-treatment framework to these violations is necessary, appropriate and helpful towards protecting girls from acts of torture and other ill treatment as well as affirming them as full rights holders. * Esther Major is a human rights consultant and a former Adviser at Amnesty International and Programme Manager at IBA Human Rights Institute. The author would like to thank Louise Finer, Yuval Ginbar, Lina Nicolli and Stephanie Schlitt for their thoughtful comments and expert observations on the article. Conversations with Lisa Gormley and Christina Zampas on these issues were also very helpful. Any errors remain the author’s own. A study conducted by students participating in the human rights clinic run by Professor Lynn Welchman at the School of Oriental and African Studies, University of London, helpfully highlighted some of the trans-national jurisprudence on the issue of mandatory pregnancy testing. Further, working with Sabrina Mahtani, Marta Colomer and Iain Byrne on the research and report for Amnesty International, Shamed and Blamed: Pregnant girls’ rights at risk in Sierra Leone (Index: AFR 51/2695/2015) was instrumental.