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Human Rights our Collective Responsibility 167. And Article 18(3) provides that "The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of women and the child as stipulated in international declarations and conventions." 168. In addressing whether these Articles have been violated, the Commission remains guided by the path it took in Egyptian Initiative for Personal Rights (EIPR) & INTERIGHTS v Egypt14S and under Article 60 of the African Charter, considers it necessary to describe what constitutes discrimination and its relationship with gender-based violence as '. alleged from several instruments. This is because. the African Charter does not expressly define discrimination. 169. In the first instance, it is pertinent to note that, while Article 2 pf the African Charter provides for a right and principle against discrimination, the Protocol to the African Charter on the Rights of Women in Africa (the Maputo Protocol) specifically defines discrimination against women as: "~ny distinction, exclusion or restriction or any differential treatment based on sei and whose 'Objectives or effects compromise or destroy the recognition, enjoyment or the exercise by women [... J of human rights and fundamental freedoms in all spheres of life." The same Protocol defines violence against women as All acts perpetrated against women which cause or could cause th~1JJ: physical, sexual, psychological, and economic harm, including the threat to take such acts; or t6 undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public Life... 1/146 1/ 170. Not far away from these, on the other hand, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in Article 1 defines Discrimination against women as [AJny distinction, exclusion or restriction made on the basis of sex which has the effect or puryose of impairing or nullifying the recognition, enioument or exercise by women, irrespectioeojtheir marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. 171. Relevant to the settings of the Complaint, the Committee on the Elimination of Discrimination against Women (CEDAW Committee) in its General Recommendation No. 19, establishes the correlation between discrimination against women and gender145 Decision on Merit, Para 120 146 Protocol to the African Charter on Human and People's Rights on the Rights of Worne Protocol Text). African Union; 2003 391 P age -"<r:('r"e.1t .. Aflicanf •. ;\ Union\: 'i

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Communication 424/12 - Samira Ibrahim Mohamed Mahmoud and Rasha Ali Abdel-Rahman (Represented by the Egyptian Initiative for Personal Rights and Interights) v. The Arabic Republic of Egypt

ACHPR Decision

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Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Equality
Equality Before the Law
Freedom of Expression / Digital Rights
Sexual and Gender Based Violence
Sexual Offences
Torture and Ill Treatment
Women's Rights

Case Head Notes: The complainants were arrested after they participated in a sit-in protest. Along with other detainees they were then transported to a military prison where they were subjected to beatings, abuse, electrocution, forced genital examination, and other forms of humiliating treatment. The Commission found a violation of Article 2, and cited the sexual nature of the violations against the complainants, noting that the victims were exclusively women, and that the violations were perpetrated on the women because of their gender. Specifically, they stated that the "virginity test", can only be directed at women, and stated that the accusations of prostitution, and other verbal slurs further demonstrated gender-based discrimination. Consequently, the Commission also found a violation of 18(3) because the violence was gender-specific and discriminatory. The Commission also found a violation of Article 5, and stated that the genital examination the Complainants were subjected to amounted to torture, and that the virginity testing was humiliating, degrading and torturous treatment. The Commission also affirmed that sexual violence and rape are a distinct form of torture. The Commission found a violation of Article 26 because the Egyptian military courts, where the complainants were tried, did not satisfy the requirements of impartiality and independence. The Commission found a violation of Article 3 because they observed that the Complainants were treated differently than people who were tried at a civilian court, and therefore they did not benefit from the equal protection of the law. The Commission found violations of Articles 9 and 11, stating that a reasonable inference would suggest that the authorities measures (arrest, detention, and subsequent ill-treatment), were designed to punish, intimidate and discourage the victims from exercising their freedom of expression and assembly. The Commission states that these measures were unnecessary to preserve national security, and disproportionate, and, therefore, a violation of Articles 9 and 11. On account of the existence of other violations of the African Charter, the Commission also found that Article 1 had been violated. The Commission urged the Respondent State to prosecute the perpetrators of the sexual violations, to reform the military prison procedures, and to ensure that the civil courts have exclusive jurisdiction to investigate and adjudicate allegations of violations by military personnel against civilians. They also requested the state to financially compensate the victims and urged the state to report on the measures taken to implement the decision.

Country

Egypt

Outcome: Decided on Merits

Year Decided: May 23, 2023

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 11: Right to Freedom of Assembly
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 11: Right to Freedom of Assembly
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Duration of Procedure

Sep 11, 2012 ~ May 23, 2023

Country Geolocation

Latitude: 26.820553

Longitude: 30.802498

Country Geolocation (linked ACHPR Decision): Egypt

Primary Documents

Samira Ibrahim Mahmoud and Rasha Ali.pdf
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African Human Rights CLA 2.0

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Communication 424/12 - Samira Ibrahim Mohamed Mahmoud and Rasha Ali Abdel-Rahman (Represented by the Egyptian Initiative for Personal Rights and Interights) v. The Arabic Republic of Egypt

Primary Documents

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