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