and decisions as provided in article 46 of its founding Charter. Therefore, the
Committee is not in a position to find the alleged consequential violations of
rights of Ms lman enshrined under African Charter on Human and Peoples'
Right (African Charter) as it has been claimed by the Complainants.
91.However, it is noted that in reference to Article 44 of the Children's Charter, the
Committee may receive communication relating to any matter covered by
Children's Charter. The Committee also notes that Section IX of the Revised
Communication Guidelines requires the applicants to identify the provision of the
African Children's Charter allegedly violated only where possible. In the current
communication, the Committee discerns that the Complainants based their
argument of alleged consequential violations on provisions of African Charter.
The Committee also notes that some of the alleged consequential violations of
rights such as the right to education and protection of the family have been
explicitly covered by the Children's Charter. The Committee is of the view that
though the Complainants did not mention the provisions of Children's Charter
dealing with the right to education and protection of the family, this should not
hinder the Committee from addressing the alleged violation pursuant to the
above provisions of the Charter and the Revised Guidelines. The Committee
would like to underscore that material requirement of compatibility should not be
understood to mean that a communication should allege a violation of the
provision of the Charter; hence it would be for the best interest of the child to
address all alleged violations of any of the protected rights under the African
Children's Charter. In this regard, the Committee believes that it would be for the
best interest of the child to consider the allegations on consequential violations
as they relate to the right to education and protection of the family.
i.
Alleged Violation of the Right to Education (Article 11)
92.With regard to violation of the right to education of the Complainants submit that
the revocation of the Complainant's Sudanese nationality cost her, the
opportunity to join university. Without proof of nationality, the Complainant could
not have completed her university application and this hindered her access to
higher education.
93.The Committee notes that the fact that Ms Iman's nationality has been revoked
has not been contested by the Respondent State. It also notes that having a
national identity number is one of requirements to apply for a university
education in the Respondent State and this number can be obtained only upon
presentation of nationality certificate which the complainant was denied on the
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