136. The Court is of the considered view that the discrimination claimed herein
is by conduct of state agents and by omission through failure to prevent
discrimination by non-state agents, whereby the PWA are targeted on the
basis of their albinism. In this regard, the Court acknowledges the report of
the Human Rights Council Advisory Committee on the discrimination faced
by PWA in which it states that the discrimination of PWA has become a
mechanism for abuse, attacks and even killings.
137. The Court further acknowledges the Report of the United Nations Human
Rights Council Advisory Committee on the study on the situation of human
rights of persons living with albinism, which documented the PWA
encounter with discrimination in the judicial process by conduct of state
agents, as follows:40
…law enforcement authorities and some members of the judiciary tend to
share the same superstitious beliefs entrenched in the communities,
including and not limited to, considering persons with albinism as subhuman
beings. Procedural fairness including informing the victim of attack about the
trial process, preparing him or her for trial and providing him or her with legal
representation or access to the prosecutor are all reportedly impaired by
subsisting prejudices against the victim as a person with albinism.
138. As illustrated by the Applicants, and uncontroverted by the Respondent
State, the fundamental ignorance of the condition of albinism results in
harsh discriminatory treatment whereby parents are urged to get rid of their
children with albinism.
139. The Court also notes the submission of the amici which was uncontroverted
by the Respondent State that, among the effects of the stigma and
discrimination is the dropping out of children from school due to bullying and
harassment as reported by the Committee and the barriers that PWA face
when trying to access health services.
40
Human Rights Council Advisory Committee on the study on the situation of human rights of persons
living with albinism, supra, § 30.
34