3 and 5(a) of the Convention on the Elimination of all Forms of Discrimination against Women, Articles 2, 12 and 13 of the Convention Against Torture, Inhuman and Degrading Treatment or Punishment, and Articles 2(1) , 2(3) and 7 of the International Covenant on Civil and Political Rights, articles 2, 5 and 8 of the Universal Declaration of Human Rights. 79. Pursuant to article 46 of the African Children‟s Chareter, the Committee undersores that it has a mandate to draw inspiration form other internaional human rights treateis and instruments adopted by the United Nations and by African Countires. According to this mandate the Committee draws inspiration for the above-emtioned instrumetns in interpreting the Charter in considering Communications inlcuding the case at hand. However, the Committee does not have a mandate to find violations of other insturments aside from the Charter. 80. Alleged vioaltions of the right to fair trial and the right to remedy have been merged and dealt with under article 1 of the Charter, as part of the duty of the State to undertake to the necessary steps, in accordance with its Constitutional processes to implement the provisions of the Charter. VIII. The Committee’s analysis on request for Compensation 81. The Applicants in their submissions requested the Committee to order the Respondent State to pay monetary compensation for TFA in the sum of 50 million CFA for the pain, suffering and harm to her dignity, including physical, mental and emotional trauma. The Committee draws inspiration from and recognizes the positive trend of ordering a determined amount of monetary reparation to victims of human rights violations by various treaty bodies. 30 In this regard the Committee shares the view of the African Court on Human and Peoples‟ Rights in that „Any violaton of an interantioanl obligation that has caused harm entails the obligation to provide adequte reparation‟.31 The Committee further notes that rape causes a deep and long lasting phycological, mental and physical damange, that attracts reparation in the form of moneraty compensation, among others. 82. The Committee notes that monetary compensation for non-pecuniary damage is assessed by looking in to the various circumstances of a given violation and not through a „mathematical formula‟.32 In the present case, TFA was only 10 years old when she was raped multiple times. She will be impacted by the physical and mental trauma of being raped at such a tender age for the rest of her life. TFA did not get justice for the harm she sustained and the painstaking process of seeking domestic remedy added to her suffering. Taking in to account these circumstances, the Committee deems the sum of 50 million CFA to be a fair amount of compensation for the non-pecuniary harm suffered by TFA. IX. Decision of the African Committee of Experts on the Rights and Welfare of the Child 83. For the reasons given above, the ACERWC finds the Respondent State in violation of its obligations under article 1 (obligation of states parties), article 3 (non-discrimination) and Article 16 (protection against child abuse and torture) of the ACRWC. 84. The African Committee of Experts on the Rights and Welfare of the Child therefore recommends for the Government of Republic of Cameroon to: a) Immediately ensure that the perpetrator of rape against TFA is prosecuted and punished for violating TFA‟s right to be free from inhuman and degrading treatment and ensure effective remedy for TFA; b) Pay a sum of 50 million CFA to TFA as a compensation for the non-pecuniary damage she sufferesd as a result of the above-mentioned vioaltions; c) Enact and implement a legislation eliminating all forms of violence, including sexual violence against children; 30 See; ACHPR decisions on Equality now and EWLA against Ethiopia, Egyptian Initiative for Personal Rights and INTERIGHTS v Egypt, and the IACtHR case of García Lucero et al. v. Chile. 31 Rev Christofer R. Mitikila v United Republic of Tanzania African Court on Human and Peoples’ Rights para 27 32 Equality now and EWLA against Ethiopia Para 158 ACHPR. 16

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