ground that her Sudanese nationality has been revoked by application of the
Respondent State's Nationality Law.
94.1n one of its report to UN Human Right Council, the UN Secretary-General Noted
that 'the Loss or deprivation of nationality renders the person concerned an alien
with respect to their former State of nationality, causing them to forfeit the rights
they held as nationals'.28
95. Similarly, this Committee noted in its General Comment on Article 6 of the
Children's Charter that children may have their rights restricted if they are not
regarded as nationals, in particular in relation to their access to education, health
care and other social services. 29 Therefore, it is unquestionable that a number of
children's rights may be violated as a result of child's loss of nationality.
96.Article 11(1) of the ACRWC provides that 'Every child shall have the right to an
education'. The Committee would like to accentuate that the right to education
should be understood to entail right to access to school/higher education
institutions. With regard to higher education, Article 11(3) (C) further provides
that State Parties are required to make the higher education accessible to all on
the basis of capacity and ability by every appropriate means. In one of its
general comments, Committee on Economic, Social and Cultural Right noted
that 'In realizing the right to education, the State must ensure, inter alia, the
availability, accessibility and acceptability of the education provided to children.
Availability is assessed in terms of quality; accessibility is determined in terms of
equal opportunity, economic and physical accessibility and acceptability is
inferred from the quality of education provided'.30
97.The African Commission on Human and Peoples' Rights has also in its decision
emphasised that the failure to provide access to institutions of learning would
amount to a violation of the right to education under the African Charter on
Human and Peoples' Rights.31
98.As aforementioned, having a national identity number is one of the requirements
to apply for a university education in the Respondent State and this number can
28
See Report of UN Secretary-General to Human Right Council ' Human rights and arbitrary deprivation',
para 23. Available at http://www.refworld.org/pdfid/52f8d19a4.pdf (accessed on 29 June 2018).
29 ACERWC's General Comment on Article 6 of Children's Charter, Para 85.
3
Committee on Economic, Social and Cultural Rights, General Comment No. 13, Article 13: The Right to
Education, 1999, para 6.
31 Free Legal Assistance Group and Others v Zaire, Communications No 25/89, 47/90, 56/91, 100/93,
para 11.
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