102.
In the instant case, the Applicant seeks to hold the Defendant
State
responsible for the violation of her human rights to dignity and not to be
subjected to cruel, inhuman or degrading treatment, because it failed to
conduct an effective investigation to prosecute the perpetrators of rape and
other acts of violence inflicted against her.
103.
He also admitted that the sexual abuse was not carried out by a State actor
and stressed that, even so, the Defendant must take responsibility for the
violation of his rights, since it did not prosecute or punish the offenders.
104.
Regarding the State’s responsibility for acts of human rights violations, this
Court wrote in the aforementioned case AIRCRAFTWOMAN BEAUTY
IGBOBIE
UZEZI v. FEDERAL REPUBLIC OF NIGERIA that: “States
have the responsibility under international human rights law to respect,
protect and fulfill the human rights in the treaties to which they are parties.
In this sense, with regard to sexual violence, States are obliged to take
measures to refrain from violating the rights of individuals; prevent sexual
violence by non-State actors, investigate and prosecute all allegations of
sexual violence and enact legislation to further guarantee the protection of
individuals within their territory.” (see §65).
105.
Also, with regard to the State’s obligations to prevent sexual violence and
its consequences, the African Commission wrote in its GUIDELINES ON
COMBATING
SEXUAL VIOLENCE AND ITS CONSEQUENCES
IN
AFRICA adopted in 2017 that: “States should take the necessary measures
to prevent all forms of sexual violence and its consequences, in particular
by eliminating the root causes of such violence,
including sexist and
homophobic discrimination, patriarchal prejudices and stereotypes about
women
and girls and/or prejudices
and stereotypes
based on gender
identity, real or perceived sexual orientation, and/or certain prejudices of
26
EE