effectively and promptly prosecuting the perpetrators of the
individuals involved in the alleged violations of the rights of the
two children, Said Ould Salem and Yarg Ould Salem;
ii. | Whether the Respondent State has violated the various rights
and obligations as they are prescribed in the African Children’s
Charter, and as they are related to the two brothers Said Ould
Salem and Yarg Ould Salem; the rights and obligations include
education, survival and development, leisure, recreation, and
cultural
activities,
protection
from
economic
exploitation,
protection against harmful social and cultural practices, and
prevention of sale, trafficking and abduction of children; and
iii.
In cases where the Respondent State has not found in
compliance with its obligations as they are prescribed in the
African Children’s Charter, what remedies are the victims
entitled for.
ix.
The Committee’s analysis on the merits of the alleged violations
Alleged violation of article 1 on general measures of implementation
45.Article 1 of the African Children’s Charter provides for the obligation of
State Parties with respect to the provisions of the Charter. According to
Article 1 of the African Children’s Charter, State Parties are expected to
take legislative and other measures such as administrative or judicial
measures to realize the rights of children enumerated under the Charter.
46.As
part
of
the
Respondent
State’s
obligation
under
article
1,
the
Committee notes that the Government of Mauritania is under legal
obligation to take legislative and other measures in protecting children
from acts of slavery and its inevitable consequences.
47.The
Committee
notes
that the obligation
‘to take
legislative
measures’
recognises actions to promote and protect the rights of the child and needs
a clear foundation in national legislation, as well as accompanying policies
and guidance that support its implementation. This in turn requires the
enactment and continuous review of national legislation and related
administrative guidance to ensure their compatibility with relevant
international norms and related standards on the rights of the child.
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