be obtained only upon presentation of nationality certificate which is provided only to Sudanese nationals and serves as proof of Sudanese nationality. This indicates that higher education can be accessed in the Respondent State only by Sudanese nationals. As facts presented before the Committee indicate, Ms lman has been Sudanese national until her Sudanese nationality was revoked by application of Section 10(3) of Sudanese Nationality Act (amendment 2011). As safely concluded by the Committee elsewhere in this decision, the Respondent State arbitrarily deprived the Complainant's nationality by introducing a legislation (mentioned above) which arbitrarily deprives children of South Sudanese origin their Sudanese Nationality based on the national origin of their parents. Had Sudanese nationality of Ms lman not been revoked, she could have obtained nationality certificate and national identity number which is required to access higher education in the Respondent State. In other words, the Complainant was denied access to higher education as a result of arbitrary deprivation of her Sudanese nationality. 99.For the above reasons, the Committee concurs with submission of the Complainants and concludes that revocation of the Complainant's Sudanese nationality cost her the opportunity to access higher education institution and the Complainants right to education guaranteed under Article 11 of the Children's Charter has been consequentially violated as a result of arbitrary deprivation of the Complainants nationality. ii. Alleged Violation of the Right to Protection of the Family 100. Article 18(1) of the Children's Charter provides that 'The family shall be the nattJral unit and basis of society. It shall enjoy the protection and support of the State for its establishment and development'. Article 19(1) of the Children's Charter further provides that 'Every child shall be entitled to the enjoyment of parental care and protection and shall, whenever possible, have the right to reside with his or her parents. No child shall be separated from his parents against his will, except when a judicial authority determines in accordance with the appropriate law, that such separation is in the best interest of the child'. Violation of the right to protection of the family at least presupposes, among others, existence of unlawful interference in family either by the state actors or non-state actors, dissolution of family because of interference of state or nonstate actors, unjustified separation of child from his/her family without considering the best interest of the child and etc. 30

اختر الفقرة المستهدفة3