190. In SERA.C & CESR v Nigeria'», the Commission included the right to health in its listing of the implied rights expressly derived from the rights to property and family, and held that these rights were violated by the destruction of housing and harassment of residents who returned to rebuild their homes. 191. As touching the right to the protection of family and the duty of State to take care of the family's physical and moral health as we as protection of women and children from discrimination and violence stipulated in Articles 18(1) and 18(3), the Commission notes that it has alluded generally to 'family' as a composition of individuals who are related by marriage, spousal relationships, or spouses and children=. It has also widened the scope of the definition of family to include, person 'in a de facto relationship or one not recognized by law, divorced or widowed, live in an extended family or kinship group or have differing kinds of responsibility for children and dependents or a particular number of childrens". 192, The Commission considers that the family has been recognized as the natural and fundamental group unit of society and is entitled to protection by society and the State='. It also bears in mind that i~!:.·a,:Communication against The Sudan= mentioned above, wherein it held that a violation of Article 18(1) had occurred, it had considered that the forceful eviction of the victims from their homes, resulting in some family members being killed, and others-fleeing to different places, inside and outside the territory of the Respondent State, threaten "the very foundation of the family and renders the enjoyment of the right to family life difficult. 193, The Commission therefore reiterates its stand in Kenneth Good v Republic of Botswana, that tqe State has a negative obligation to 'refrain from violating the rights and interests of the family'<', Also, the Commission's General Comment on "The Right to Redress for Victims of Torture and Other Cruel, Inhuman or Degrading Punishment or Treatment= lists abuse, assault or harassment of women as part of acts of gender-based violence. , '.~ 194. In light of the above, and bearing in mind the obligations of the State to respect the rights in the Maputo Protocol necessitates that States "refrain from hindering, directly or indirectly, women's rights ... "65, the Commission is of the view that conducts of the Government of South Sudan violated Article 16(1), and Article 18(1&3)of the African Charter. Alleged violation of Articles 6

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