differential treatment to be justified “the reasons for possible limitations
must be founded in a legitimate State interest and limitations of rights must
be strictly proportionate with and absolutely necessary for the advantages
which are to be obtained”.”” The Committee notes that slavery is clearly
prohibited under the national law of Mauritania and various international
human rights laws. In the matter at hand the differential treatment that
Said and Yarg have been subjected to emanates from the fact that they
are considered as slaves of the El Hassin family, and that does not in any
way justify the different treatment; hence it amounts to discrimination
under the Charter.
62. The Committee then proceeded in analysing the legal responsibility of the
Respondent
State
taking
the
fact
that
the
act
of
discrimination
was
committed by private individuals. It is the Committee’s view that the
Respondent State has the duty to protect children from discrimination in
the enjoyment of their rights in the Charter. The duty to protect has two
limbs. The first is the duty to take preventive measures against
occurrences of violations of human rights by private actors; and the
second is the duty to take remedial measures once the violations have
occurred.*? In line with the preventive aspect of the duty to protect, States
‘must take reasonable
steps to prevent human
rights violations and carry
out investigation to impose the appropriate punishment and to ensure the
victim's adequate compensation’.
63.In the Communication at hand, Said and Yarg were facing discriminatory
treatment in the exercise of their rights recognized in the Charter by the
members of the El Hassin family for 11 years until they escaped from the
house. Even though the Government ratified international treaties and
enacted laws that protect children like Yarg and Said from discriminatory
treatment, such laws were not effectively implemented to their benefit. The
failure by the Government to effectively implement laws and its inability to
prevent the discriminatory treatment of Said and Yarg is a violation of the
duty to protect under Article 3 of the African Children’s Charter.
64.Moreover,
the
Committee
extends to conducting
violation,
imposing
shares
investigation,
punishment
the
and
position
that
the
duty
to
protect
identifying those responsible for the
providing
effective
remedy
to
the
victims, when the right is violated.** The effectiveness of a remedy can be
measured by its proportionality to the harm caused and its timeliness. In
the Communication at hand, the Government prosecuted only few
members of the El Hassin Family and only one of them (Ahmed Ould El
Hassine) was convicted for the crime of enslavement that resulted in the
discriminatory treatment. However, all the members
of the family
participated in the discriminatory treatment of the brothers, ended
impunity. Additionally the judicial remedy was unduly prolonged,
2 Legal resources Foundation v. Zambia, Communication No. 211/98, para 67.
°° § Manisuli General International Human Rights Law: Six Decades After the
(2010) 405.
UDHR
up with
placing
and Beyond
o Velasquez Rodriguez v Honduras (n 3 above) para 174.
32 As above.
18