ACERWC Communication Guidelines 2014
2) Determination of Admissibilityi. For the purpose of determining the admissibility of a Communication, the Committee shall, without prejudice to anonymity, transmit a copy of the Communication to the respondent State Party.
ACERWC Communication Guidelines 2014
SECTION XX: REVIEW OF DECISIONS OF THE COMMITTEE1) The Committee, acting on its own initiative or at the written request of a party to a Communication, may review its decision on the admissibility or merits of a Communication.2) In determining whether to review its decision, the Committee shall satisfy itself of any of the following:a. The discovery of some decisive fact or evidence, which was not known to the Committee and the party requesting the review, provided such ignorance was not due to negligence;b. The application for review is made within six months of the discovery of the new fact; unless the best interest of the child or children concerned c. The Committee erred in its application and interpretation of the Afri-can Children’s Charter or any other relevant instrument in a manner that under-mines fairness, justice and protection of the rights and welfare of the child; ord. The existence of any other compelling reason the Committee may deem appropriate or relevant to justify a review of its decision with a view to ensuring fairness, justice and protection of the rights and welfare of the child.3) The application for review by a party shall contain the information necessary to show the condition and shall be accompanied by all relevant supporting documents. 4) Upon instructions of the Committee, the Secretary shall transmit a copy of the application for review to any other concerned party and shall invite them to submit written observations, if any, within the time limit set by the Committee. 24 Revised Guidelines for the Consideration of Communications5) No application for review may be made after three years from the date of notification of the decision. 6) An application for review shall not interrupt implementation of Committee’s decisions by the State Party concerned unless the Committee decides otherwise.
ACERWC Communication Guidelines 2014
SECTION XX: REVIEW OF DECISIONS OF THE COMMITTEE1) The Committee, acting on its own initiative or at the written request of a party to a Communication, may review its decision on the admissibility or merits of a Communication.2) In determining whether to review its decision, the Committee shall satisfy itself of any of the following:a. The discovery of some decisive fact or evidence, which was not known to the Committee and the party requesting the review, provided such ignorance was not due to negligence;b. The application for review is made within six months of the discovery of the new fact; unless the best interest of the child or children concerned c. The Committee erred in its application and interpretation of the Afri-can Children’s Charter or any other relevant instrument in a manner that under-mines fairness, justice and protection of the rights and welfare of the child; ord. The existence of any other compelling reason the Committee may deem appropriate or relevant to justify a review of its decision with a view to ensuring fairness, justice and protection of the rights and welfare of the child.3) The application for review by a party shall contain the information necessary to show the condition and shall be accompanied by all relevant supporting documents. 4) Upon instructions of the Committee, the Secretary shall transmit a copy of the application for review to any other concerned party and shall invite them to submit written observations, if any, within the time limit set by the Committee. 24 Revised Guidelines for the Consideration of Communications5) No application for review may be made after three years from the date of notification of the decision. 6) An application for review shall not interrupt implementation of Committee’s decisions by the State Party concerned unless the Committee decides otherwise.
ACERWC Communication Guidelines 2011
3. African Charter on the Rights and Welfare of the Child
ACERWC Communication Guidelines 2014
ACERWC Communication Guidelines 2014
Banjul charter
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
UN Convention on the rights of the Child
Article 4 States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.
UN Convention on the rights of the Child
Article 37 States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
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.
Achpr instr proto women eng
Elimination 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.
Banjul charter
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.
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
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.
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.
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.
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.
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.
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.
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
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;
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.
Cat
Article 2 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
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.
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.
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.
2. Universal Declaration of Human Rights
Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
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.
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.
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.
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.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 3: NON-DISCRIMINATIONEvery child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or otherstatus.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. The Committee may receive communication, from any person, group or nongovernmental organization recognized by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.2. Every communication to the Committee shall contain the name and address of the author and shall be treated in confidence.
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. The Committee may receive communication, from any person, group or nongovernmental organization recognized by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.2. Every communication to the Committee shall contain the name and address of the author and shall be treated in confidence.
ACERWC Communication Guidelines 2014
3. African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. The Committee may receive communication, from any person, group or nongovernmental organization recognized by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.2. Every communication to the Committee shall contain the name and address of the author and shall be treated in confidence.
ACERWC Communication Guidelines 2014
SECTION II : FORM AND CONTENT OF COMMUNICATIONS1) General PrincipleThe Committee shall consider a communication against a State Party alleging violations of the rights and welfare of the child enshrined in the African Children’s 4 Revised Guidelines for the Consideration of CommunicationsCharter only if the communication fulfils the requirements set forth in the African Children’s Charter and these Guidelines.
ACERWC Communication Guidelines 2014
SECTION I : ACCESS TO THE COMMITTEE1) In accordance with article 44 of the African Children’s Charter and these Guidelines, the following persons may be entitled to submit communications to the Committee either on their own behalf or on behalf of third parties, alleging violations of one or more of the provisions of the African Children’s Charter:a. Any individual or group of natural or legal person including children ;b. Any State Party to the African Children’s Charter ;c. Any intergovernmental or non-governmental organisation legally recognised in either one or more of the Member States of the African Union, a State Party to the African Children’s Charter or the United Nations;d. Any specialised organ or agency of the African Union and United Nations.
ACERWC Communication Guidelines 2014
2) Requirements of Formi) No Communication shall be considered by the Committee if:a. it is anonymous;b. it is not written in one of the official languages of the Committee;c. it concerns a State non-signatory to the Charter d. it is not duly signed by the complainant or her/his representativesii) Notwithstanding, the Committee may admit a Communication from State non-signatory to the Charter in the overall best interests of the child. In so doing the Committee shall collaborate with other related Agencies implementing Conventions and Charters to which the non-signatory State is a Party.
ACERWC Communication Guidelines 2014
SECTION IX: PROCEDURE ON ADMISSIBILITY1) Conditions of admissibility In order to take declare a Communication admissible, the Committee shall ensure that:a) The Communication is compatible with the provisions of the Constitutive Act of the African Union and the African Children’s Charter;
3. African Charter on the Rights and Welfare of the Child
7758 treaty 0021 constitutive act of the african union e
3. African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. The Committee may receive communication, from any person, group or nongovernmental organization recognized by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.2. Every communication to the Committee shall contain the name and address of the author and shall be treated in confidence.
7758 treaty 0021 constitutive act of the african union e
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
245 02 Zimbabwe Human Rights NGO Forum Zimbabwe
ACERWC Communication Guidelines 2014
SECTION IX: PROCEDURE ON ADMISSIBILITY1) Conditions of admissibility In order to take declare a Communication admissible, the Committee shall ensure that:a) The Communication is compatible with the provisions of the Constitutive Act of the African Union and the African Children’s Charter;
ACERWC Communication Guidelines 2014
f) The Communication does not contain any disparaging or insulting language
ACERWC Communication Guidelines 2014
b) The Communication is not exclusively based on information circulated by the media or is manifestly groundless;
ACERWC Communication Guidelines 2014
b) The Communication is not exclusively based on information circulated by the media or is manifestly groundless;
ACERWC Communication Guidelines 2014
c) The Communication does not raise matters pending settlement or previously settled by another international body or procedure in accordance with any legal instruments of the Africa Union and principles of the United Nations Charter;
245 02 Zimbabwe Human Rights NGO Forum Zimbabwe
ACERWC Communication Guidelines 2014
c) The Communication does not raise matters pending settlement or previously settled by another international body or procedure in accordance with any legal instruments of the Africa Union and principles of the United Nations Charter;
ACERWC Communication Guidelines 2014
d) The Communication is submitted after having exhausted available and accessible local remedies, unless it is obvious that this procedure is unduly prolonged or ineffective;
ACERWC Decision on the Communication submitted by IRDHA on behalf of Children of Nubian Descent Vs The Government of Kenya
ACERWC Decision on Communication 275 03 Article 19 v Eritrea
47.In terms of Article 56.5, therefore, the law on exhaustion of domestic remedies presupposes:1. the existence of domestic procedures for dealing with the claim;2. the justiciability or otherwise, domestically, of the subject-matter of the complaint;3. the existence under the municipal legal order of provisions for redress of the type of wrong being complained of; and4. available effective local remedies, that is, remedies sufficient or capable of redressing the wrong complained of.
147 95 149 96 Sir Dawda K. Jawara Gambia (The)
32. A remedy is considered available if the petitioner can pursue it without impediment, it is deemedeffective if it offers a prospect of success, and it is found sufficient if it is capable of redressing thecomplaint.33. The government's assertion of non-exhaustion of local remedies will therefore be looked at in this light.As aforementioned, a remedy is considered available only if the applicant can make use of it in thecircumstance of his case. The applicants in cases Nos. ACHPR/60/91, ACHPR/87/93, ACHPR/101/93and ACHPR/129/94 had their communications declared admissible by the Commission because thecompetence of the ordinary courts had been ousted either by decrees or the establishment of specialtribunals.
299 05 Anuak Justice Council Ethiopia
51. In the jurisprudence of this Commission, three major criteria could be deduced in determining the ruleon the exhaustion of local remedies, namely: that the remedy must be available, effective and sufficient. 6According to this Commission, a remedy is considered to be available if the petitioner can pursue it withoutimpediments 7 or if he can make use of it in the circumstances of his case.8 The word 'available' means'readily obtainable; accessible'; or 'attainable, reachable; on call, on hand, ready, present; . . . convenient,at one's service, at one's command, at one's disposal, at one's beck and call'.9 In other words, "remedies,the availability of which is not evident, cannot be invoked by the State to the detriment of the Complainant."
Achpr33 222.98 229.99 eng
51.The Complainant alleges thatArticle 7 (1)of the African Charter was violated, in that it stipulates that:“Every individual shall have the right to have his cause heard. This comprises:(a) The right to an appeal to competent national organs against acts violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in use;(b) The right tobe presumed innocent until proven guilty by a competent court or tribunal;(c) The right to defense, including the right to be defended by counsel of his choice;(d) The right to be tried within a reasonable time by an impartial court or tribunal.”52.All these provisions are inter-linked and when the right to have one’s cause heard is violated, other acts of violations may also be committed such that the detentions become illegal and are detrimental to the proceedings of a fair trial in the proper form.53.Furthermore, in terms of form, the fact that the decisions of the military court are not subject to appeal and that civilians are brought to a military court constitutes ade jureprocedural irregularity. Additionally, to prevent the submission of an appeal to competent national courts violatesArticle 7 (1) (a)and increases the risk of not redressing the procedural defects.
Achpr33 222.98 229.99 eng
Banjul charter
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
218 98 Civil Liberties Organisation, Legal Defence Centre, Legal Defence and...
ACERWC Decision on the Communication submitted by IRDHA on behalf of Children of Nubian Descent Vs The Government of Kenya
ACERWC Decision on Communication 275 03 Article 19 v Eritrea
47.In terms of Article 56.5, therefore, the law on exhaustion of domestic remedies presupposes:1. the existence of domestic procedures for dealing with the claim;2. the justiciability or otherwise, domestically, of the subject-matter of the complaint;3. the existence under the municipal legal order of provisions for redress of the type of wrong being complained of; and4. available effective local remedies, that is, remedies sufficient or capable of redressing the wrong complained of.
147 95 149 96 Sir Dawda K. Jawara Gambia (The)
32. A remedy is considered available if the petitioner can pursue it without impediment, it is deemedeffective if it offers a prospect of success, and it is found sufficient if it is capable of redressing thecomplaint.33. The government's assertion of non-exhaustion of local remedies will therefore be looked at in this light.As aforementioned, a remedy is considered available only if the applicant can make use of it in thecircumstance of his case. The applicants in cases Nos. ACHPR/60/91, ACHPR/87/93, ACHPR/101/93and ACHPR/129/94 had their communications declared admissible by the Commission because thecompetence of the ordinary courts had been ousted either by decrees or the establishment of specialtribunals.
299 05 Anuak Justice Council Ethiopia
51. In the jurisprudence of this Commission, three major criteria could be deduced in determining the ruleon the exhaustion of local remedies, namely: that the remedy must be available, effective and sufficient. 6According to this Commission, a remedy is considered to be available if the petitioner can pursue it withoutimpediments 7 or if he can make use of it in the circumstances of his case.8 The word 'available' means'readily obtainable; accessible'; or 'attainable, reachable; on call, on hand, ready, present; . . . convenient,at one's service, at one's command, at one's disposal, at one's beck and call'.9 In other words, "remedies,the availability of which is not evident, cannot be invoked by the State to the detriment of the Complainant."
Achpr33 222.98 229.99 eng
51.The Complainant alleges thatArticle 7 (1)of the African Charter was violated, in that it stipulates that:“Every individual shall have the right to have his cause heard. This comprises:(a) The right to an appeal to competent national organs against acts violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in use;(b) The right tobe presumed innocent until proven guilty by a competent court or tribunal;(c) The right to defense, including the right to be defended by counsel of his choice;(d) The right to be tried within a reasonable time by an impartial court or tribunal.”52.All these provisions are inter-linked and when the right to have one’s cause heard is violated, other acts of violations may also be committed such that the detentions become illegal and are detrimental to the proceedings of a fair trial in the proper form.53.Furthermore, in terms of form, the fact that the decisions of the military court are not subject to appeal and that civilians are brought to a military court constitutes ade jureprocedural irregularity. Additionally, to prevent the submission of an appeal to competent national courts violatesArticle 7 (1) (a)and increases the risk of not redressing the procedural defects.
ACERWC Communication Guidelines 2014
e) The Communication is presented within a reasonable period after exhaustion of local remedies at the national level; and
ACERWC Communication Guidelines 2014
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
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.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged.
Banjul charter
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
007 Com 003 2015 Mauritania eng
ACERWC Decision on Communication Achpr30 155 96 eng
46.At a secondary level, the State is obliged to protectright-holders against other subjects by legislation and provision of effective remedies.5 This obligation requires the State to take measures to protect beneficiaries of the protected rights against political, economic and social interferences. Protection generally entails the creation and maintenance of an atmosphere or framework by an effective interplay of laws and regulations so that individuals will be able to freely realize their rights and freedoms. This is very much intertwined with the tertiary obligation of the State to promotethe enjoyment of all human rights. The State should make sure that individuals are able to exercise their rights and freedoms, for example, by promoting tolerance, raising awareness, and even building infrastructures
323 06 Egyptian Initiative for Personal Rights & INTERIGHTS v Egypt
163. Based on the above, it is the African Commission's opinion that the Respondent State failed toinvestigate and prosecute the perpetrators who committed gender-specific violations against the Victims.Failure to investigate effectively, with an outcome that will bring the perpetrators to justice, shows lack ofcommitment to take appropriate action by the State, especially when this lack of commitment is buttressedby excuses such as lack of sufficient information to carry out a proper investigation. Furthermore, failure toinvestigate compromises an international responsibility on the part of the Respondent State, both in thecase of crimes committed by agents of the State and those committed by private individuals.
007 Com 003 2015 Mauritania eng
ACERWC Decision on Communication 3. African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged.
245 02 Zimbabwe Human Rights NGO Forum Zimbabwe
146. The established standard of due diligence in the Rodriguez Case provides a way to measure whethera State has acted with sufficient effort and political will to fulfil its human rights obligations. Under thisobligation, States must prevent, investigate and punish acts which impair any of the rights recognisedunder international human rights law. Moreover, if possible, it must attempt to restore the right violated andprovide appropriate compensation for resulting damage.
Achpr30 155 96 eng
46.At a secondary level, the State is obliged to protectright-holders against other subjects by legislation and provision of effective remedies.5 This obligation requires the State to take measures to protect beneficiaries of the protected rights against political, economic and social interferences. Protection generally entails the creation and maintenance of an atmosphere or framework by an effective interplay of laws and regulations so that individuals will be able to freely realize their rights and freedoms. This is very much intertwined with the tertiary obligation of the State to promotethe enjoyment of all human rights. The State should make sure that individuals are able to exercise their rights and freedoms, for example, by promoting tolerance, raising awareness, and even building infrastructures
323 06 Egyptian Initiative for Personal Rights & INTERIGHTS v Egypt
163. Based on the above, it is the African Commission's opinion that the Respondent State failed toinvestigate and prosecute the perpetrators who committed gender-specific violations against the Victims.Failure to investigate effectively, with an outcome that will bring the perpetrators to justice, shows lack ofcommitment to take appropriate action by the State, especially when this lack of commitment is buttressedby excuses such as lack of sufficient information to carry out a proper investigation. Furthermore, failure toinvestigate compromises an international responsibility on the part of the Respondent State, both in thecase of crimes committed by agents of the State and those committed by private individuals.
245 02 Zimbabwe Human Rights NGO Forum Zimbabwe
146. The established standard of due diligence in the Rodriguez Case provides a way to measure whethera State has acted with sufficient effort and political will to fulfil its human rights obligations. Under thisobligation, States must prevent, investigate and punish acts which impair any of the rights recognisedunder international human rights law. Moreover, if possible, it must attempt to restore the right violated andprovide appropriate compensation for resulting damage.
007 Com 003 2015 Mauritania eng
ACERWC Decision on Communication 272 03 Association of Victims of Post Electoral Violence & INTERIGHTS Cameroon
110. It follows from the above that Article 1 of the African Charter imposes on the States Parties theobligation of using the necessary diligence to implement the provisions prescribed by the Charter since thesaid diligence has to evolve in relation to the time, space and circumstances, and has to be followed bypractical action on the ground in order to produce concrete results. Thus, in its decision on Communication74/92, the Commission said that the Governments have the responsibility of protecting their citizens notonly through appropriate legislation and its effective enforcement but also by protecting them againstinjurious acts which can be perpetrated by third parties.111. In fact, in the Commission's view, it is an obligation of RESULT that Article 1 of the African Charterimposes on the States Parties. In effect, each State has the obligation of guaranteeing the protection of thehuman rights written in the Charter by adopting not only the means that the Charter itself prescribes, inparticular "all the necessary legislative measures for this purpose but in addition measures of their choicethat the Charter called for by Article 1 and it therefore defined as one of result"
272 03 Association of Victims of Post Electoral Violence & INTERIGHTS Cameroon
110. It follows from the above that Article 1 of the African Charter imposes on the States Parties theobligation of using the necessary diligence to implement the provisions prescribed by the Charter since thesaid diligence has to evolve in relation to the time, space and circumstances, and has to be followed bypractical action on the ground in order to produce concrete results. Thus, in its decision on Communication74/92, the Commission said that the Governments have the responsibility of protecting their citizens notonly through appropriate legislation and its effective enforcement but also by protecting them againstinjurious acts which can be perpetrated by third parties.111. In fact, in the Commission's view, it is an obligation of RESULT that Article 1 of the African Charterimposes on the States Parties. In effect, each State has the obligation of guaranteeing the protection of thehuman rights written in the Charter by adopting not only the means that the Charter itself prescribes, inparticular "all the necessary legislative measures for this purpose but in addition measures of their choicethat the Charter called for by Article 1 and it therefore defined as one of result"
CASE OF DE CUBBER v. BELGIUM 9186 80 En
35. The Court recalls that the Contracting States are under the obligation to organise their legal systems "so as to ensure compliance withthe requirements of Article 6 para. 1 (art. 6-1)" (see the Guincho judgment of 10 July 1984, Series A no. 81, p. 16, para. 38); impartiality is unquestionably one of the foremost of those requirements. The Court’s taskis to determine whether the Contracting States have achieved the result called for by the Convention, not to indicate the particular means to be utilised.
245 02 Zimbabwe Human Rights NGO Forum Zimbabwe
143. Human rights standards do not contain merely limitations on State's authority or organs of State. Theyalso impose positive obligations on States to prevent and sanction private violations of human rights.Indeed, human rights law imposes obligations on States to protect citizens or individuals under theirjurisdiction from the harmful acts of others. Thus, an act by a private individual and therefore not directlyimputable to a State can generate responsibility of the State, not because of the act itself, but because ofthe lack of due diligence36 to prevent the violation or for not taking the necessary steps to provide thevictims with reparation.
272 03 Association of Victims of Post Electoral Violence & INTERIGHTS Cameroon
88. The respect for the rights imposes on the State the negative obligation of doing nothing to violate thesaid rights. The protection targets the positive obligation of the State to guarantee that private individualsdo not violate these rights. In this context, the Commission ruled that the negligence of a State to guaranteethe protection of the rights of the Charter having given rise to a violation of the said rights constitutes aviolation of the rights of the Charter which would be attributable to this State, even where it is establishedthat the State itself or its officials are not directly responsible for such violations but have been perpetratedby private21 individuals
3. African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 3: NON-DISCRIMINATIONEvery child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or otherstatus.
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
ARTICLE 3: NON-DISCRIMINATIONEvery child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or otherstatus.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 46: SOURCES OF INSPIRATIONThe Committee shall draw inspiration from International Law on Human Rights, particularly from the provisions of the African Charter on Human and Peoples’ Rights, the Charter of the Organization of African Unity, the Universal Declaration on Human Rights, the International Convention on the Rights of the Child, and other instruments adopted by the United Nations and by African countries in the field of human rights, and from African values and traditions.
245 02 Zimbabwe Human Rights NGO Forum Zimbabwe
143. Human rights standards do not contain merely limitations on State's authority or organs of State. Theyalso impose positive obligations on States to prevent and sanction private violations of human rights.Indeed, human rights law imposes obligations on States to protect citizens or individuals under theirjurisdiction from the harmful acts of others. Thus, an act by a private individual and therefore not directlyimputable to a State can generate responsibility of the State, not because of the act itself, but because ofthe lack of due diligence36 to prevent the violation or for not taking the necessary steps to provide thevictims with reparation.
246 02 Mouvement Ivoirien des Droits Humains (MIDH) v Cote d'Ivoire
Achpr46 272 03 eng
88.The respect for the rights imposes on the State the negative obligation of doing nothing to violate the said rights. The protection targets the positive obligation of the State to guarantee that private individuals do not violate these rights. In this context, the Commission ruled that the negligence of a State to guarantee the protection of the rights of the Charter having given rise to a violation of the said rights constitutes a violation of the rights of the Charter which would be attributable to this State, even where it is established that the State itself or its officials are not directly responsible for such violations but have been perpetrated by private 21 individuals.
CEDAW
Article 1 For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
General Recommendation No. 19
General Recommendation No. 19
Declaration on the Elimination of VAW
General Recommendation No. 19
CEDAW
Article 1 For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
General Recommendation No. 19
CEDAW
Article 1 For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
CEDAW
Article 1 For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 3: NON-DISCRIMINATIONEvery child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or otherstatus.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 3: NON-DISCRIMINATIONEvery child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or otherstatus.
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
ARTICLE 3: NON-DISCRIMINATIONEvery child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or otherstatus.
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
ARTICLE 3: NON-DISCRIMINATIONEvery child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or otherstatus.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.
3. African Charter on the Rights and Welfare of the Child
2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
136. Media Rights Agenda and Others v Nigeria (2000) AHRLR 200 (ACHPR 1998)
71.It is worth noting that the term ‘cruel, inhuman or degrading treatment or punishment’ is to be interpreted so as to extend to the widest possible protection against abuses, whether physical or mental.
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.
136. Media Rights Agenda and Others v Nigeria (2000) AHRLR 200 (ACHPR 1998)
71.It is worth noting that the term ‘cruel, inhuman or degrading treatment or punishment’ is to be interpreted so as to extend to the widest possible protection against abuses, whether physical or mental.
Human Rights Committee General Comment 20
5. The prohibition in article 7 relates not only to acts that cause physical pain but also to acts that cause mental suffering to the victim. In the Committee’s view, moreover, the prohibition must extend to corporal punishment, including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary measure. It is appropriate to emphasize in this regard that article 7 protects, in particular, children, pupils and patients in teaching and medical institutions.
Human Rights Committee General Comment 28
Human Rights Committee General Comment 28
11. To assess compliance with article 7 of the Covenant, as well as with article 24, which mandates special protection for children, the Committee needs to be provided information on national laws and practice with regard to domestic and other types of violence against women, including rape. It also needs to know whether the State party gives access to safe abortion to women who have become pregnant as a result of rape. The States parties should also provide the Committee with information on measures to prevent forced abortion or forced sterilization. In States parties where the practice of genital mutilation exists information on its extent and on measures to eliminate it should be provided. The information provided by States parties on all these issues should include measures of protection, including legal remedies, for women whose rights under article 7 have been violated
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.
General Recommendation No. 19
Declaration on the Elimination of VAW
Declaration on the Elimination of VAW
Article 2 Violence against women shall be understood to encompass, but not be limited to, the following: ( a ) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; ( b ) Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution; ( c ) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.
3. African Charter on the Rights and Welfare of the Child
2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
3. African Charter on the Rights and Welfare of the Child
2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
Human Rights Committee General Comment 20
5. The prohibition in article 7 relates not only to acts that cause physical pain but also to acts that cause mental suffering to the victim. In the Committee’s view, moreover, the prohibition must extend to corporal punishment, including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary measure. It is appropriate to emphasize in this regard that article 7 protects, in particular, children, pupils and patients in teaching and medical institutions.
Human Rights Committee General Comment 28
11. To assess compliance with article 7 of the Covenant, as well as with article 24, which mandates special protection for children, the Committee needs to be provided information on national laws and practice with regard to domestic and other types of violence against women, including rape. It also needs to know whether the State party gives access to safe abortion to women who have become pregnant as a result of rape. The States parties should also provide the Committee with information on measures to prevent forced abortion or forced sterilization. In States parties where the practice of genital mutilation exists information on its extent and on measures to eliminate it should be provided. The information provided by States parties on all these issues should include measures of protection, including legal remedies, for women whose rights under article 7 have been violated
Declaration on the Elimination of VAW
Committee against torture General comment no 2
Committee against torture General comment no 2
18. The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State’s indifference or inaction provides a form of encouragement and/or de factopermission. The Committee has applied this principle to States parties’ failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
245 02 Zimbabwe Human Rights NGO Forum Zimbabwe
143. Human rights standards do not contain merely limitations on State's authority or organs of State. Theyalso impose positive obligations on States to prevent and sanction private violations of human rights.Indeed, human rights law imposes obligations on States to protect citizens or individuals under theirjurisdiction from the harmful acts of others. Thus, an act by a private individual and therefore not directlyimputable to a State can generate responsibility of the State, not because of the act itself, but because ofthe lack of due diligence36 to prevent the violation or for not taking the necessary steps to provide thevictims with reparation.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
UN Convention on the rights of the Child
Article 37 States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
UN Convention on the rights of the Child
Article 4 States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.
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.
Banjul charter
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
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.
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.
UN Convention on the rights of the Child
Banjul charter
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.
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.
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.
Achpr instr proto women eng
Elimination 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.
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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.
Achpr instr proto women eng
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.
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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.
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.
Committee against torture General comment no 2
18. The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State’s indifference or inaction provides a form of encouragement and/or de factopermission. The Committee has applied this principle to States parties’ failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
245 02 Zimbabwe Human Rights NGO Forum Zimbabwe
143. Human rights standards do not contain merely limitations on State's authority or organs of State. Theyalso impose positive obligations on States to prevent and sanction private violations of human rights.Indeed, human rights law imposes obligations on States to protect citizens or individuals under theirjurisdiction from the harmful acts of others. Thus, an act by a private individual and therefore not directlyimputable to a State can generate responsibility of the State, not because of the act itself, but because ofthe lack of due diligence36 to prevent the violation or for not taking the necessary steps to provide thevictims with reparation.
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;
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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.
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Article 2 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
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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.
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.
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.
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.
2. Universal Declaration of Human Rights
Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
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.
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.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 46: SOURCES OF INSPIRATIONThe Committee shall draw inspiration from International Law on Human Rights, particularly from the provisions of the African Charter on Human and Peoples’ Rights, the Charter of the Organization of African Unity, the Universal Declaration on Human Rights, the International Convention on the Rights of the Child, and other instruments adopted by the United Nations and by African countries in the field of human rights, and from African values and traditions.
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged.
3. African Charter on the Rights and Welfare of the Child
3. African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 3: NON-DISCRIMINATIONEvery child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or otherstatus.
3. African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting referral investigation, treatment, and follow-up of instances of child abuse and neglect.
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323 06 Egyptian Initiative for Personal Rights & INTERIGHTS v Egypt
CASE OF GARCÍA LUCERO ET AL. v. CHILE
Inter-American Court/Commission Documents Mtilika v Tanzania Ruling on Reparation Appl.011 2011
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.
Equality now ethiopian w omen lawyers association decision 2007 0