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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
is no evidence to contrary, the Commission finds a violation of Article 2 of the African
Charter.
184. In addressing the violations of Article 18(3) of the Charter, the Complainants submitted
that the victims were subject to gender stereotypes and that the State failed to
adequately investigate their claims of violence and to prosecute the perpetrator; and
that the State's inactions owing to the underlying criminal justice system constituted
their secondary victimisation.
185. Analysing the testimonies provided by the Complainants to establish whether the
allegations were indeed gender-specific, and discriminatory, primarily based on gender
and political opinion together, the Commission consider 2lnaracteristics· of violence
commonly committed against women and men to differ. It affirms that only by
analysing the nature of the violence that the Commission can effectively draw its
conclusions as follows; a. Firstly, considering the sexually demeaning terms or verbal assaults used
against the Victims, such as prostitute, bitch and slut,157the Commission is of
the firm opinion that these words are usually meant to degrade and rip off the
integrity of women who refuse to abide by traditional religious and even social
norms.
The Commission recall its position in EIPR and INTERIGHTS
v Egypt158 in
which it considered that the use of terms such as "whore" and slut" amounted
to sexual humiliation, in combination with sexual molestation.
1/
b. Secondly, the physical assaults spearheaded by the virginity test, described
above are gender-specific in the sense that the Victims were subjected to acts of
sexual harassment and physical violence that can only be directed at women.
For instance, breasts fondling and touching or attempting to touch' private and
sensitive parts and the Virginity test. The Commission finds no doubt that the
Victims were targeted in this manner due to their gender.
157
See, Paragraph 120
158
See, para 143
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