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

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