should in some instances, trump technical requirements that could hinder accessibility to cou11s of ,iustice for children. This is because 'it is not in the best interests of[chi ldren] to leave them in a legall imbo' . 37 The Committee also refers to the Supreme Court of England, which held in the case of ZH Tanza nia v Secret ary of State for the l1ome Department,38 that 'where the best interests of the child clearly favour a certain course, that course should be followed.' 87. The Committee invite s the Court to be persuaded by the reasoning above and to arrive at the most favourable ruling to the best interests of lhe child and to include the Committee as one of the bodies having standing before the Court, Lhus promo ting and protecting lhe rights and welfare of the child. The Comm ittee believes that this interpretation supports the objective of the Court Protoc ol to supplement existing quasi-judicial human rights protective mechanisms such as the 39 Committee. 88. The Committee submits that the object and purpo se of buman rights treatie s and the requirement of effectiveness suggest that treaties should be broadl y construed in order to arrive at an alternative that is most favourable to the ° protec tion of the rights enshrined in the treaty. 4 Further, a teleolo gical interpretation of Article 5 of the Protocol should therefore be constr ued to give lhe wides t possible access to the Court. This interpretation fulfils the primary ra;son d 1etre of international human rights Jaw, in general, and the Africa n Human Rights Court specifically, which is to protect and promote human rights. 41 It adds that a holistic interpretation in line with U1e object and purpose of the Court Protoc ol is l7 38 u See paragraph 29 of the above communication. 2011 UK SC 4 F Viljoen (n 13 above) 407. •o M Killander 'Interpreting regional Human Rights Treaties' file//JC :/Users/OWNEB/Oe sktop/cllnlc:als/aetArtigo13 chp.htm (accessed 9 Marcil 2013) 41 0 Juma 'Access to the Atncan Court on Human and Peoples' Rights: A Case of the Poacher turned gamekeeper' htto .l/papers.ssrn.com /so13/papers ctm?abstract id=1391482 (Accessed 9 March 2013) 26

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