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AC H P R
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}j African Commission on
Human Rights our
Collective Responsibility
Human and Peoples' Ri~Jhts
Commission's Principles and Guidelines on the Implementation
of ECOSOC Rights in the
Charter of 2011 and jurisprudence " in support of her submissions.
To determine whether the Second Complainant's right to health was violated
177.
I
.
by the Respondent State, the Commission! notes that at the initial stage of the
prosecution of this Communication, the Secdnd Complainant had raised the issue of
.
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her health status and therefore req uestedl the Commission to issue Provisional
.'I·";~{t\t"\\.
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Measures. When the Commission decided to be seizec
e;@Bmmunication, it also
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issued provisional measures requesting thi Res,p>0~-; t State{'through the highest
office of the land, to provide medical care to
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in.de!?,~pdent
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medical expert to avoid irreparable harr;r(~~rthe' S¢,PbndCohiJ~~~~nanta .» fiforeport
back on the actions taken in this
\.vi~~in.15 days, The 2!g~~§§ion notes that
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3 April 2014 C!,:ia received by an
the Provisional Measures letter /
official/ agent of the «esoonerer
received on actions L'.U"'-~·l·
.
of the health of the
Second Complainant.
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5 but to no avail.
."
The Comrrtission als~ notes
on record which shows that
the Second COll:l;R~ainant'
s breasts
and diagnosed at the Addis Ababa
178.
University, Facutt~\pf Medicine (Se~1
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~
1). Annex 2 is a Fine Needle Aspiration
~
Cytg}pgy Report (F~AF,Report oIlj,the
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breasts and Annex 3 shows the breast
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ultr~~.~~~~::;fln~
surg~~y~thM::w~ik\:arriedlout on the breasts in the United States of
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Americ~,.;wher~~~~~
.:~Fently resides, after her release from prison in 2015.
179.
TA~,g~~~~si~~I~;g~~sfurther that in its Guidelines on the right to health it has
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indicated tH~,tone of the core minimum obligations of State Parties is to "ensure that
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prisoners and 6~~g~'persons deprived of their Uberty, under anyform of detention, have access
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to conditions of detention consistent with human dignity and the highest attainable standard
of health. Measures taken must ensure adequate food, clothing, exercise, pj}y's'~Gasecurity,
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241/01Purohit and Moore"o The Gambia, para 80, - Communication 105/9~;'128/94
-.J..a0.~94
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- Media Rights Agenda & Constitutional Rights Project v Nigeria, paras 89, Communication 13;g94_1f'9/if1~(96_161~~7f
International Pen and Others (On behalfofSaro-Wiwa v Nigeria, para 112, Communication 54/~~;Pl/9\l-98~9.2,.J64/97~o6 iil
196/97-210/98 Malawi African Association and Others v Mauritani~ and Communication 378/0§Molii1n
Elgg&"JDsmlnfi
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Hummeida and Amir Suliman( represented by FIDH and OMCT) v Sudan
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78 Communication
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age
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African(;i~\
Un:on'\J'i>!1
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The African Commlssld
l".on(Hfffnaiii?ifnf(f ~45] 5'
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E~Rights
31 Bijilo Annex Layout, Komtro:lIJoitfrDistrict,
West Coast Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 0504
Email: au-banjul@africa-union.orQ'
https:/achpr.au.intiO 0 Ill!
.