103. In Mr Y v. Tanzania before the RPD Committee,31 the complaint related to
alleged violations of his rights to equality and non-discrimination, liberty and
security of person, freedom from torture, freedom from violence and abuse,
integrity of the person and education under the CRPD.
104. In Ms Z v. Tanzania, before the RPD Committee,32 the complainant alleged
violations of her right to equality and non-discrimination, right to liberty and
security of the person, freedom from torture, freedom from violence and
abuse and integrity of the person as protected under the CRPD.
105. In the three cases, the RPD Committee made findings among others in
respect of the rights to freedom from torture and non-discrimination.
Conversely, the Application before this Court involves the rights to life,
freedom from torture, dignity, effective remedy and the prohibition on sale
and trafficking of children as guaranteed under the Charter, ICCPR and
Children’s Charter respectively.
106. Although there is overlap of alleged violations, the cases brought before the
two forums are distinguishable from three standpoints. Firstly, the rights to
dignity, effective remedy and freedom from sale and trafficking whose
violations are alleged in the present Application were not adjudicated in the
cases before the RPD Committee.
107. Furthermore, in its above-mentioned decisions, the RPD Committee
granted different reliefs and ordered the Respondent State to provide
compensation for violations of individual’s human rights under the CRPD,
while the Applicants before this Court have filed a case of public interest in
which they allege massive and serious violations, and pray the Court for
findings on violation and reparations that affect a wider spectrum of PWA.
31
UNCRPD, Mr Y v. United Republic of Tanzania, CRPD/C/20/D/23/2014, adoption of Views on 31
August 2018
32 UNCRPD, Ms Z v. United Republic of Tanzania, CRPD/C/22/D/24/2014, adoption of views on 19
September 2019.
26