c.
Articles 2 and 12 of the Maputo Protocol; and
d.
Articles 1, 2, 3 and 4 of the Convention against Discrimination in
Education.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
5.
The Application was filed on 19 November 2020 together with a request for
provisional measures.
6.
On 22 December 2020, the main Application together with the request for
provisional measures and additional evidentiary documents were served on
the Respondent State.
7.
On 23 April 2021, the Registry wrote to the African Committee of Experts
on the Rights and Welfare of the Child (hereinafter referred to as “the
ACERWC”) and to the African Commission to seek confirmation whether
the subject matter of this Application is related to a matter being examined
by them. It also requested whether the ACERWC or the Commission, or
through any of their Special Mechanisms, would be interested to act as
amicus curiae in the case.
8. On 29 July 2021, the ACERWC informed the Court that it had received a
similar communication as the present Application which was pending
determination. The ACERWC further informed the Court that it had already
declared the Communication submitted to it admissible and had
communicated to the Applicants and the Respondent State that it would
hold a hearing of the case in its upcoming Session to be held in November
2021. The hearing was scheduled during its previous 37th Session,
however, it was deferred to the 38th Session due to the sudden passing of
the late president of the Respondent State in the week of the hearing. The
ACERWC also informed the Court that since it was already considering the
matter under its jurisdiction, it had decided that it would not be in the position
to act as amicus curiae.
4