Applicants allege that the ban violates the rights to education and nondiscrimination.
B. Alleged violations
4.
The Applicants allege that the Respondent State violated the rights of all
girls in the Respondent State, notably:
i.
The right to education protected by:
a.
Articles 1 and 17(1) of the Charter;
b.
Article 11 of the African Charter on the Rights and Welfare of the
Child (hereinafter referred to as “the African Children’s Charter”);
c.
Article 12 of the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa (hereinafter
referred to as “the Maputo Protocol”);
d.
Articles 13 and 23 of the African Youth Charter;
e.
Article 10 of the Convention on the Elimination of All Forms of
Discrimination against Women (hereinafter referred to as
“CEDAW”);
f.
Articles 28 and 29 of the Convention on the Rights of the Child
(hereinafter referred to as “the CRC”);
g.
Article 13 of the International Covenant on Economic, Social and
Cultural Rights (hereinafter referred to as “ICESCR”);
h.
Article 18(4) of the International Covenant on Civil and Political
Rights (hereinafter referred to as “ICCPR”);
i.
Articles 1, 3 and 4 of the United Nations Educational, Scientific and
Cultural Organization Convention against Discrimination in
Education (hereinafter referred to as “the Convention against
Discrimination in Education”); and
j.
ii.
Article 26 of the Universal Declaration of Human Rights.
The right to non-discrimination protected by:
a.
Articles 1, 2, 17(1) and 18(3) of the Charter;
b.
Articles 1, 3, 4, 11 and 24 of the African Children’s Charter;
3