90. The African Commission defined sexual violence as “(...) Amy non- consensual sexual act, threat or attempt to perform such an act, or forcing someone to perform such an act on a third person. considered non-consensual violence or coercion. when they involve These acts are violence, the threat of Coercion can result from psychological pressure, undue influence, detention, abuse of power or someone taking advantage of a coercive environment, or an individual's inability to consent freely. This definition should be applied regardless of the sex or gender of the victim and the perpetrator and the relationship between the victim and the perpetrator” (See GUIDELINES ON COMBATING SEXUAL VIOLENCE AND ITS CONSEQUENCES IN AFRICA adopted in 2017). 91. Article 5 of the African Charter states that: “Every 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 of degrading punishment and treatment shall be prohibited.” 92. It should be noted that the first instrument to guarantee this right is the Universal Declaration of Human Rights (UDHR) of 1948, by establishing in its Article 5 that: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” 93. This right is also guaranteed in several other human rights protection instruments, namely the International Covenant on Civil and Political Rights (Articles 7 and 10) and the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). 23

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