v.
The right to an effective remedy guaranteed under Article 7 of the
Charter; and
vi. The prohibition of sale, trafficking and abduction of children under Article
29 of the Children’s Charter.
113. The Court will examine each of these alleged violations successively.
A. Alleged violation of the right to non-discrimination
114. The Applicants aver that the Respondent State has not adequately
addressed the root causes of discrimination against PWA, in violation of
Article 2 of the Charter.
115. Citing the communication in Zimbabwe Lawyers for Human Rights and
Institute for Human
Rights v. Zimbabwe,
the Applicants define
discrimination as an:
act which aims at distinction, exclusion, restriction or preference which is
based on any ground such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status and
which has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise by all persons, on equal footing, of all rights and
freedoms.
116. According to the Applicants, the misconceptions and myths about PWA has
led to stigmatization, discrimination, ‘right from birth and in their day-to-day
activities.’ Moreover, the Applicants allege that acts of discrimination further
curtail the ability of PWA to enjoy the right to inherent dignity and self-worth,
prohibition against torture, cruel, inhuman and degrading treatment, as well
as the rights to health and education. As an illustration, the Applicants
submit that, the parents of one of its witnesses - Zainab Muhamed, a PWA,
asked her to get rid of her daughter who was a PWA.
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