86.The Committee notes that abuse and torture can be both physical and physiological. As stated by the UNCRC, violence against children takes various forms including, neglect, mental violence, physical violence and corporal punishment.® In the case of International Pen and Others v Nigeria, the African Commission stated that inhumane and degrading treatment includes ‘not only actions which cause serious physical and psychological suffering but which humiliate the individual or force him to act against his will or conscience.”*” 87.The Committee reiterates that the condition under which Said and Yarg lived for more than 11 years amounts to contemporary slavery or slave like practices as they have been placed in the El Hassine family to undertake herding and domestic chores seven days a week with no rest for the exploitation of their labour.*°® During this time they were subjected to continuous beatings and mental abuse. They were referred to as slaves as opposed to their actual names and they were not allowed to pray or read the Quran. They were treated differently than other children in the house in every aspect of their lives, including health, education, play and nutrition. The Committee considers this treatment inflicted on them is degrading. 88.The wording of the African Children’s Charter is clear in providing that States should take various measures ‘to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse...’. Furthermore, the Committee is of the view that all forms of corporal punishment should be abolished, either in the home or any other setting. Contrary to this protection, the Respondent State failed in protecting Said and Yarg from physical and metal injury and abuse that was inflicted up on them and from the degrading treatment that they were subjected to. In addition to failing to prevent such an abuse on the children, the Respondent state has also failed to intervene and stop the violation. Furthermore, the Respondent State has failed to prosecute all those involved in the abuse of the children and render adequate and timely remedies to the children. By failing to prevent, intervene in and adequately prosecute and remedy the physical and mental abuse inflicted on Said and Yarg for 11 years, the Committee concludes that the Respondent State has violated its obligation to protect under article 16 of the Charter. Alleged violation of article 21 on protection against harmful social and cultural practices 89.Article 210f the African appropriate measures Children’s Charter obliges State Parties to take to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child. State Parties are particularly obliged to eliminate customs and practices prejudicial to the health or life of the child and practices discriminatory to the child on the ground of sex or other status. 58 UNCRC General Comment 13 para 19-24. 5? International Pen and Others (on behalf of Saro Wiwa) v Nigeria (2000) para 79. 58 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery article 1(d). 26