constitutionality of the above-mentioned article. Furthermore, that the
Constitutional Court declared his petition inadmissible by decision DCC 18022 of 1 February 2018 (hereinafter referred to as “the decision of 1
February 2018”), on the grounds that the Law of 24 August 2004 had
already been declared constitutional by decision DCC 04-2004 of 20 August
2004.
5.
It emerges, from the record, that the Law of 24 August 2004, was amended
and supplemented by Law No. 2021-13 of 20 December 2021 (hereinafter
referred to as “the Law of 20 December 2021”), after the latter was declared
constitutional by decision DCC 21-321 of 10 December 2021 of the
Respondent State’s Constitutional Court.
B. Alleged violations
6.
The Applicant alleges that Article 6(1)(3) and (4) of the Law of 24 August
2004 violates the right to equality between men and women, protected by
Articles 3 and 18(3) of the Charter, Article 2 of the Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Women in Africa
(Maputo Protocol), Article 3 of the International Covenant on Civil and
Political Rights (ICCPR), and Articles 2 and 16(1) of the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW).
III.
SUMMARY OF THE PROCEEDURE BEFORE THE COURT
7.
The Application was filed at the Registry on 10 May 2018. On 22 June 2018,
it was served on the Respondent State with a request to file its Response
within 60 days of receipt.
8.
On 23 July 2018, the Respondent State informed the Registry that some
pages of the Application were missing. On 3 August 2018, the complete
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