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).
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