ii. The right related to the best interests of the child
277. The Applicants aver that the placement of children with albinism in “holding
shelters” where the conditions are not conducive for a full and dignified life
is a violation of the principle of the best interests of the child.
278. The Applicants further aver that the failure to ensure that temporary holding
shelters for PWA were adequately resourced and do not become permanent
residence for PWA also amounts to a violation of PWA right to live with
dignity and in dignifying conditions.
279. The Applicants submit in accordance with reports of the United Nations
Human Rights Council, that, the “centres were overcrowded and the health
and hygiene conditions were very poor, with little or no teaching material.”
According to the Applicants, many of the children developed skin cancer
due to the lack of knowledge of the staff on the special health needs of
persons with albinism, and sexual abuse was also reported within the
centres.
280. The Respondent State argues that it has taken initiatives to preserve the
lives of PWA following the report of their attacks and killings, including
hosting children with albinism in five centres in Kabanga in Kigoma region,
Mwisenge in Mara region, Mitindo in Mwanza Region, Furaha in Tabora
Region and Buhangija in Shinyanga Region – which are special schools for
persons with disabilities. The shelters, the Respondent State asserts,
decreased the number of attacks and killings of PWA.
281. The Respondent State also submits that during their stay at the shelters,
the children were provided with all the “necessities”. According to the
Respondent State, other “well-wishers” were also allowed to support the
children in-kind and that the children continued to attend school while in the
shelters.
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