سابق 43 / 43 التالي

AND THE FOLLOWING HEREBY APPEND THEIR SIGNATURES; 1. Hon. Justice Friday Chijioke Nwoke -------------------------------- Presiding 2. Hon. Justice Yaya Boiro -------------------------------- Member 3. Hon Justice Alioune Sall ---------------------------------Member Assisted by: Djibor Aboubacar Diakite ------------------------------- Registrar 43

اختر الفقرة المستهدفة3

● ● ●

أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
تسجيل الدخول

معلومات
214العلاقات

نصائح البحث

بحث النص

اكتب نص في خانة البحث لتظهر بعض النتائج

جدول المحتويات

Facts And Procedure3
Facts as Presented by the Plaintiff3
Defendants Case14
Analysis of the Court19
Decisions40
As to the Merits41
Declares42
As to Costs42

ECW CCJ JUD 08 17

ECOWAS Court

Preview

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Discrimination
Equality
Police Brutality and Offences
Right to Equality Before the Law
Sexual and Gender Based Violence
Torture and Ill Treatment
Women's Rights
الاعتقال والاحتجاز التعسفي

Country

Nigeria

Outcome: Decided on Merits

Year Decided: 12 أكتوبر 2017

African Charter Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 18.3 : Protection of the Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law 2
ACHPR 5: Cruel Inhuman and Degrading Treatment

African Charter Rights Violated

ACHPR 1 - General Obligations
ACHPR 18.3 : Protection of the Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law 2
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure: ~ 12 أكتوبر 2017

Country Geolocation

خط العرض: 9.081999

خط الطول: 8.675277

Country Geolocation (مرتبط ECOWAS Court): Nigeria

المستندات الأولية

ECW_CCJ_JUD_08_17.pdf
English
تحميل عرض
ECW_CCJ_JUD_08_17-Fr.pdf
French
تحميل عرض
ECW_CCJ_JUD_08_17-Dorothy Chioma Njemanze & 3 Others v Nigeria pt-PT.pdf
Portuguese
تحميل عرض

Achpr instr proto women eng

3 5harmful practices which endanger the health and general well-being of women;c) integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life;d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist;e)support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.2. States Parties shall commit themselves to modify the social and cultural patterns of conduct of women and men through public education, information, education and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes, or on stereotyped roles for women and men.Article 3Right to Dignity1.Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights.2.Every woman shall have the right to respect as a person and to the free development of her personality.3.States Parties shall adopt and implement appropriate measures to prohibit any exploitation or degradation of women.4.States Parties shall adopt and implement appropriatemeasures to ensure the protection of every woman’s right to respect for her 6dignity and protection of women from all forms of violence, particularly sexual and verbal violence.

Treaty

Achpr instr proto women eng

Article 2Elimination of Discrimination Against Women1.States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall:a)include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application;b) enact and effectively implement appropriate legislative or regulatory measures, including those prohibiting and curbing all forms of discrimination particularly those 5harmful practices which endanger the health and general well-being of women;c) integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life;d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist;e)support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.2. States Parties shall commit themselves to modify the social and cultural patterns of conduct of women and men through public education, information, education and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes, or on stereotyped roles for women and men.

Treaty

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Treaty

Banjul charter

Treaty

Banjul charter

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

Banjul charter

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Achpr instr proto women eng

Article 25RemediesStates Parties shall undertake to:a)providefor appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated;b)ensure that such remedies are determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by law.

Treaty

Achpr instr proto women eng

Article 5Elimination of Harmful PracticesStates Parties shall prohibit and condemn all forms of harmful practices which negatively affect the human rights of women and which are contrary to recognised international standards. States Parties shall take all necessary legislative and other measures to eliminate such practices, including:a)creation of public awareness in all sectors of society regarding harmful practices through information, formal and informal education and outreach programmes;b)prohibition, through legislative measures backed by sanctions, of all forms of female genital mutilation, scarification, medicalisation and para-medicalisation of female genital mutilation and all other practices in order to eradicate them; 8c)provision of necessary support to victims of harmful practices through basic services such as health services, legal and judicialsupport, emotional and psychological counselling as well as vocational training to make them self-supporting;d)protection of women who are at risk of being subjected to harmful practices or all other forms of violence, abuse and intolerance.

Treaty

Achpr instr proto women eng

Article 4The Rights to Life, Integrity and Security of the Person1.Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited.2. States Parties shall take appropriate and effective measures to:a)enact and enforce laws to prohibit all forms of violence against women including unwanted or forced sex whether the violence takes place in private or public;b)adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women;c)identify the causes and consequences of violence against women and take appropriate measures to prevent and eliminate such violence;d)actively promote peace education through curricula and social communication in order to eradicate elements in traditional and cultural beliefs, practices and stereotypes which legitimise and exacerbate the persistence and tolerance of violence against women;e)punish the perpetrators of violence against women and implement programmes for the rehabilitation of women victims;f)establish mechanisms and accessible services for effective information, rehabilitation and reparation for victims of violence against women; 7g)prevent and condemn trafficking in women, prosecute the perpetrators of such trafficking and protect those women most at risk;h)prohibit all medical or scientific experiments on women without their informed consent;i)provide adequate budgetary and other resources for the implementation and monitoring of actions aimed at preventing and eradicating violence against women;j)ensure that, in those countries where the death penalty still exists, not to carry out death sentences on pregnant or nursing women;k)ensure that women and men enjoy equal rights in terms of access to refugee status determination procedures and that women refugees are accorded the full protection and benefits guaranteed under international refugee law, including their own identity and other documents.

Treaty

Achpr instr proto women eng

Article 8Access to Justice and Equal Protection before the LawWomen and menare equal before the law and shall have the right to equal protection andbenefit of the law. States Parties shall take all appropriate measures to ensure:a)effective access by women to judicial and legal services, including legal aid;b)support to local, national, regional and continental initiatives directed at providing women access to legal services, including legal aid; c)the establishment of adequate educational and other appropriate structures with particular attention to women and to sensitise everyone to the rights of women;d)that law enforcement organs at all levels are equipped to effectively interpret and enforce gender equality rights;e)that women are represented equally in the judiciary and law enforcement organs;f)reform of existing discriminatory laws and practices in order to promote and protect the rights of women.

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

CEDAW

Article 5 States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; (b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

UN Document

CEDAW

Article 2 States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; (e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise; (f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; (g) To repeal all national penal provisions which constitute discrimination against women.

UN Document

CEDAW

Article 3 States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to en sure the full development and advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

UN Document

CEDAW

UN Document

CEDAW

UN Document

CEDAW

Article 15 1. States Parties shall accord to women equality with men before the law.

UN Document

ICCPR

Article 21. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.

UN Document

ICCPR

Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

UN Document

ICCPR

Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

UN Document

ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

Cat

Article 10 1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. 2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.

UN Document

Cat

UN Document

Cat

UN Document

Cat

UN Document

Cat

Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

UN Document

Cat

UN Document

Cat

Article 16 1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

UN Document

2. Universal Declaration of Human Rights

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

2. Universal Declaration of Human Rights

Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

UN Document

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment

UN Document

2. Universal Declaration of Human Rights

Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Article 3Right to Dignity1.Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights.2.Every woman shall have the right to respect as a person and to the free development of her personality.3.States Parties shall adopt and implement appropriate measures to prohibit any exploitation or degradation of women.4.States Parties shall adopt and implement appropriatemeasures to ensure the protection of every woman’s right to respect for her 6dignity and protection of women from all forms of violence, particularly sexual and verbal violence.

Treaty

CEDAW

UN Document

CEDAW

Article 15 1. States Parties shall accord to women equality with men before the law.

UN Document

CEDAW

UN Document

CEDAW

UN Document

ICCPR

UN Document

ICCPR

UN Document

ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

2. Universal Declaration of Human Rights

Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

UN Document

2. Universal Declaration of Human Rights

Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

ICCPR

UN Document

CEDAW

UN Document

CEDAW

UN Document

Cat

Article 11 Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture. Article 12 Each State Party shall ensure that its competent authoritiesproceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

UN Document

Cat

UN Document

Cat

UN Document

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

CEDAW

Article 15 1. States Parties shall accord to women equality with men before the law.

UN Document

CEDAW

UN Document

CEDAW

UN Document

ICCPR

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

Achpr instr proto women eng

6dignity and protection of women from all forms of violence, particularly sexual and verbal violence. Article 4The Rights to Life, Integrity and Security of the Person1.Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited.2. States Parties shall take appropriate and effective measures to:a)enact and enforce laws to prohibit all forms of violence against women including unwanted or forced sex whether the violence takes place in private or public;b)adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women;c)identify the causes and consequences of violence against women and take appropriate measures to prevent and eliminate such violence;d)actively promote peace education through curricula and social communication in order to eradicate elements in traditional and cultural beliefs, practices and stereotypes which legitimise and exacerbate the persistence and tolerance of violence against women;e)punish the perpetrators of violence against women and implement programmes for the rehabilitation of women victims;f)establish mechanisms and accessible services for effective information, rehabilitation and reparation for victims of violence against women; 7g)prevent and condemn trafficking in women, prosecute the perpetrators of such trafficking and protect those women most at risk;h)prohibit all medical or scientific experiments on women without their informed consent;i)provide adequate budgetary and other resources for the implementation and monitoring of actions aimed at preventing and eradicating violence against women;j)ensure that, in those countries where the death penalty still exists, not to carry out death sentences on pregnant or nursing women;k)ensure that women and men enjoy equal rights in terms of access to refugee status determination procedures and that women refugees are accorded the full protection and benefits guaranteed under international refugee law, including their own identity and other documents.

Treaty

CEDAW

Article 15 1. States Parties shall accord to women equality with men before the law.

UN Document

CEDAW

UN Document

CEDAW

UN Document

ICCPR

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

2. Universal Declaration of Human Rights

Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

UN Document

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

CEDAW

UN Document

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

CEDAW

UN Document

Achpr instr proto women eng

Treaty

CEDAW

Article 15 1. States Parties shall accord to women equality with men before the law.

UN Document

ICCPR

UN Document

ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

2. Universal Declaration of Human Rights

Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

UN Document

Achpr instr proto women eng

Treaty

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

ICCPR

UN Document

Cat

UN Document

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

2. Universal Declaration of Human Rights

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

ICCPR

3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.

UN Document

CEDAW

UN Document

2. Universal Declaration of Human Rights

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

Cat

UN Document

Cat

UN Document

Cat

UN Document

Cat

UN Document

Cat

UN Document

Banjul charter

Treaty

Banjul charter

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

Supplementary protocol

Article 9:Substitution of Article 31 of the Protocol of the Court. The Protocol of the Community Court is amended by the substitution of Article 31 by following: “Article 31: Official languages”The Official languages of the Court shall be English, French, and Portuguese”.

Treaty

Supplementary protocol

Treaty

Supplementary protocol

Treaty

HISSEIN HABRE c REPUBLIC OF SENEGAL2013

ECOWAS Court

ECW CCJ JUG 03 11 BAKARY SARRE et 28 autres v REPUBLIQUE DU MALI

ECOWAS Court

JUD ECW CCJ JUD 16 14 SERAP v. Fed Rep of NIGERIA & 4Ors 10 06 14 vA

ECOWAS Court

Ecowas alade judgment 20120611

ECOWAS Court

Protocol

Article9: Competence of the Court1. The Court shall ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty.2. The Court shall also be competent to deal with disputes referred to it, in accordance with the provisions of Article 56 of the Treaty, by Member States or the Authority, when such disputes arise between the Member States or between one or more Member States and the Institutions of the Community on the· interpretation or application of the provisions of the Treaty. 3. A Member State may, on behalf of its nationals, institute proceedings against another Member State or Institution of the Community, relating to the interpretation and application of the provisions of the Treaty, after attempts to settle the dispute amicably have failed.4. The Court shall have any powers conferred upon it, specifically by the provisions of this Protocol.

Treaty

Supplementary protocol

Treaty

Protocol

Treaty

JUD ECW CCJ JUG 09 12 Valentine Ayika v. Republic of Liberia 08 06 12 vA

ECOWAS Court

SERAP V FEDERAL REPUBLIC OF NIGERIA

ECOWAS Court

FEMI FALANA & ANOR v REPUBLIC OF BENIN & 2 ORS

ECOWAS Court

ICCPR

Article 91. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

UN Document

ECW CCJ RUL 04 16

ECOWAS Court

European Convention on Human Rights

ARTICLE 5Right to liberty and security1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:(a) the lawful detention of a person after conviction by a competent court;(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

JUD ECW CCJ JUD 08 13 Assima Kokou Innocent v. Rep of TOGO 28 11 13 vA

ECOWAS Court

Banjul charter

Treaty

Banjul charter

Treaty

CEDAW

UN Document

Banjul charter

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

Banjul charter

Treaty

JUD ECW CCJ JUD 11 14 Tidjane Konte v. Rep of GHANA 13 05 14 vA

ECOWAS Court

Banjul charter

Treaty

Banjul charter

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

CEDAW

UN Document

CEDAW

Article 15 1. States Parties shall accord to women equality with men before the law.

UN Document

CEDAW

UN Document

CEDAW

UN Document

CEDAW

UN Document

ICCPR

UN Document

ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

ICCPR

UN Document

ICCPR

UN Document

Cat

UN Document

Cat

Article 12 Each State Party shall ensure that its competent authoritiesproceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

UN Document

Cat

UN Document

Cat

UN Document

Cat

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr instr proto women eng

5harmful practices which endanger the health and general well-being of women;c) integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life;d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist;e)support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.2. States Parties shall commit themselves to modify the social and cultural patterns of conduct of women and men through public education, information, education and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes, or on stereotyped roles for women and men.Article 3Right to Dignity1.Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights.2.Every woman shall have the right to respect as a person and to the free development of her personality.3.States Parties shall adopt and implement appropriate measures to prohibit any exploitation or degradation of women.4.States Parties shall adopt and implement appropriatemeasures to ensure the protection of every woman’s right to respect for her 6dignity and protection of women from all forms of violence, particularly sexual and verbal violence.

Treaty

CEDAW

Article 15 1. States Parties shall accord to women equality with men before the law.

UN Document

ICCPR

UN Document

ICCPR

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

Achpr instr proto women eng

Treaty

Achpr instr proto women eng

Treaty

CEDAW

Article 15 1. States Parties shall accord to women equality with men before the law.

UN Document

CEDAW

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

2. Universal Declaration of Human Rights

Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

UN Document

Cases Referenced2
- ECOWAS Court2
Treaties and softlaw only198
- Treaty92
- UN Document106
Rights Not Violated1
- Treaty1
لا تسمية2
- ECOWAS Court2
International cases/decisions10
- ECOWAS Court10
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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