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Communication 375/09 - Priscilla Njeri Echaria (represented by Federation of Women Lawyers, Kenya & International Center for the Protection of Human Rights) v. Kenya

ACHPR Decision

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Summary of the Complaint1
Articles alleged to have been violated2
Prayers of the Complainants2
Procedure2
The Law on Admissibility 4
The Complainants’ Submission on Admissibility 4
The Respondent State’s Submissions on Admissibility4
Complainants’ Supplementary Submissions on Admissibility6
Decision of the African Commission on the Respondent State’s Challenge to its competence8
The African Commission’s Analysis on Admissibility11
Decision of the African Commission on Admissibility18

Communication 375/09 - Priscilla Njeri Echaria (represented by Federation of Women Lawyers, Kenya & International Center for the Protection of Human Rights) v. Kenya

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Administration of Justice
Best Interest of the Child
Equality
Equality Before the Law
Freedom from Discrimination
Inheritance/Succession
Protection of Family and Vulnerable Groups
Right of Women to Inheritance
Right to Property
Right to Work
Rights and Welfare of the Child
Women's Rights

Case Head Notes: The Complainants submit that the Victim was married in 1964 to Mr. Peter Echaria, a Kenyan diplomat who served in Moscow, Washington D C and Addis Ababa before returning to Kenya. They state that due to the diplomatic status of Mr. Peter Echaria, the Victim was not allowed to work.

Country

Kenya

Outcome: Ruled Inadmissible

Year Decided: Nov 5, 2011

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Rights Violated (ACHPR Provisions)

None Indicated

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Sep 22, 2009 ~ Nov 5, 2011

Country Geolocation

Latitude: -0.023559

Longitude: 37.906193

Country Geolocation (linked ACHPR Decision): Kenya

Primary Documents

achpr50_375_09_eng.pdf.pdf
English
Download View

African Charter on Human and Peoples' Rights

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

Treaty

African Charter on Human and Peoples' Rights

3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs. Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter

Treaty

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged

Treaty

221/98 Alfred B. Cudjoe v Ghana

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

4.Are not based exclusively on news discriminated through the mass media

Treaty

African Charter on Human and Peoples' Rights

15Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media,

Treaty

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged

Treaty

African Charter on Human and Peoples' Rights

Treaty

221/98 Alfred B. Cudjoe v Ghana

ACHPR Decision

Communication 313/05 - Kenneth Good v. Botswana

ACHPR Decision

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights

Treaty

221/98 Alfred B. Cudjoe v Ghana

ACHPR Decision

African Charter on Human and Peoples' Rights

6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and

Treaty

African Charter on Human and Peoples' Rights

6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and

Treaty

African Charter on Human and Peoples' Rights

Article 45The functions of the Commission shall be: 1.To promote Human and Peoples' Rights and in particular: (a)To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b)To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c)Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights. 2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter. 3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

Treaty

308/05 Michael Majuru v Zimbabwe

ACHPR Decision

African Charter on Human and Peoples' Rights

6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and

Treaty

African Charter on Human and Peoples' Rights

7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

African Charter on Human and Peoples' Rights

6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and

Treaty

African Charter on Human and Peoples' Rights

6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and

Treaty

Rules of Procedure of the African Commission on Human and People's Rights

The Commission’s decisions on the 3. inadmissibility of Communications shall be notified to the parties and attached to its Activity Report.

ACHPR Soft Law

Treaties and softlaw only30
- Treaty29
- ACHPR Soft Law1
Cases Referenced5
- ACHPR Decision5
Location1
- Countries (Geolocation) 1

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