Library • African Human Rights CLA 2.0

001/2020 – APDF & IHRDA (on behalf of AS) v. Mali

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Type of Document

Decision

Keywords

Best Interest of the Child
Child Abuse/Exploitation
Freedom from Discrimination
Rape
Rights and Welfare of the Child
Torture and Ill Treatment
Women's Rights

Case Head Notes: No value

State Accused

Mali

Outcome

Decided on Merits

Year Decided: Dec 1, 2022

Rights Violated (ACRWC Provisions)

ACRWC 1: Obligation of States Parties
ACRWC 16: Protection against child abuse and torture
ACRWC 3: Every child is entitled to enjoyment of rights and freedoms in irrespective of race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status
ACRWC 4: In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration

ACERWC Decision

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001/2019 – Legal and Human Rights Centre and Centre for Reproductive Rights (on behalf of Tanzanian girls) v. Tanzania

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Type of Document

Decision

Keywords

Best Interest of the Child
Child Marriage
Cruel and Degrading Treatment
Equality
Equality Before the Law
Right to Education
Right to Health
Rights and Welfare of the Child
Sexual and Gender Based Violence
Sexual and Reproductive Health Rights

Case Head Notes: No value

State Accused

Tanzania

Outcome

Decided on Merits

Year Decided: Apr 1, 2022

Rights Violated (ACRWC Provisions)

ACRWC 1: Obligation of States Parties
ACRWC 10: Prohibition to subject child to arbitrary or unlawful interference with his privacy, family home or correspondence, or to attacks upon his honour or reputation, provided that parents or legal guardians have the right to exercise reasonable supervision over the conduct of their children
ACRWC 11: Education
ACRWC 14: Health and Health Services
ACRWC 16: Protection against child abuse and torture
ACRWC 21: Protection against Harmful Social and Cultural Practices
ACRWC 3: Every child is entitled to enjoyment of rights and freedoms in irrespective of race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status
ACRWC 4: In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration

ACERWC Decision

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002/2020 - Ramphele Attorneys on behalf of Thlodi Tloubatla and Thibedi Tloubatla v. South Africa

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Type of Document

Ruling

Keywords

Best Interest of the Child
Rights and Welfare of the Child

Case Head Notes: No value

State Accused

South Africa

Outcome

Ruled Inadmissible

Year Decided: Mar 20, 2021

ACERWC Decision

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003/2016 - Etoungou Nko’o on behalf of Mr and Mrs. Elogo Menye and Rev Daniel Ezo’o Ayo V. the Government of Cameroon.

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Type of Document

Ruling

Keywords

Right to Life

Case Head Notes: No value

State Accused

Cameroon

Outcome

Ruled Inadmissible

ACERWC Decision

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002/2016 - Dalia Lotfy (on behalf Sohaib Emad) v Egypt

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Type of Document

Ruling

Keywords

Arbitrary Arrest and Detention
Best Interest of the Child
Cruel and Degrading Treatment
Rights and Welfare of the Child

Case Head Notes: Sohaib Emad is an Egyptian born on 12 December 1998 and resides in Mansoura City. At the time of his arrest, he was aged 15 and was attending secondary school in AI Terraa Street, in Mansoura City. 4. The Complainants allege that Sohaib took part in demonstrations on the 20141 anniversary of the 2011 January uprising. Consequently on 11 February 2014, Sohaib Emad was arrested at his house without being informed of any charges and taken to Mansoura Police Station.He remained in the police station for 40 days. He had no access to a lawyer and family members for the first four days. He was allegedly subjected to beating including kicks and punches in different parts of his body and face to force him to admit to being a member of a gang involved in, burning police vehicles, possession of Molotov cocktails and targeting police officers and academics to kill them.

State Accused

Egypt

Outcome

Ruled Inadmissible

Year Decided: May 31, 2017

ACERWC Decision

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001/2016 - Dalia Lotfy (on behalf Ahmed Bassiouny) v Egypt

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Best Interest of the Child
Rights and Welfare of the Child

Case Head Notes: sThe complainants allege that on 1st January 2014, Ahmed was on his way to his friend's house in Jankleez Area in Alexandria, to borrow some notes, when the police forces threw tear gas on a protest nearby his friend's house; Ahmed covered his face with his clothes and ran away from the tear gas; and fifteen minutes later, after his arrival to his friend's house, the state security police came to the building calling on the family to hand the child who just entered the building. They allegedly threatened to break the door of his friend's flat if the "the terrorist was not handed to them" as stated by the forces. 5. Upon entering the flat, the police allegedly grabbed Ahmed by his clothes, slapped him on his face, breaking his glasses before covering his face with his shirt while dragging him to the floor and pushing him to a police van. The Complainants allege that Ahmed was being verbally and physically assaulted at the time of arrest and continued during the journey to the police station.

State Accused

Egypt

Outcome

Ruled Inadmissible

Year Decided: May 31, 2017

ACERWC Decision

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001/2005 - Michelo Hunsungule and Others (on behalf of Children in Northern Uganda) v. Uganda

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Type of Document

Decision

Keywords

Best Interest of the Child
Child Abuse/Exploitation
Economic, Social and Cultural Development
Education
Insurrection
Militia operations / Armed conflicts
Right to Health
Rights and Welfare of the Child
Transitional Justice
Violations Resulting from Warfare and Military Operations

Case Head Notes: The Complainants alleged that a number of rights of children in Northern Uganda (Articles 5, 11, 14, 16, 22, 27) guaranteed in the African Children's Charter were violated as a result of the action or omission of the Government of Uganda. The Committee decided on the merits of the case that only the rights guaranteed under Articles 1 (1) and 22 of the African Children's Charter were violated by the Government of Uganda.

State Accused

Uganda

Outcome

Decided on Merits

Year Decided: Apr 19, 2013

Rights Violated (ACRWC Provisions)

ACRWC 1.1: States recognize rights, freedoms and duties in the Charter and take steps to adopt implementation measures
ACRWC 22: Armed Conflicts

ACERWC Decision

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001/2015 - African Centre of Justice and Peace Studies (ACJPS) and People’s Legal Aid Centre (PLACE) v. Sudan

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Type of Document

Decision

Keywords

Best Interest of the Child
Citizenship/Nationality and Related Rights
Domestic/National Laws
Inadequate/Inappropriate Legal Provisions
Protection of Family and Vulnerable Groups
Right to be Heard before a Competent Court
Right to Dignity
Rights and Welfare of the Child
Statelessness

Case Head Notes: The Complainants submitted that on 19 July 2011, the National Assembly of the Republic of Sudan adopted amendments to the Sudan Nationality Act of 1994. These amendments entered into force on 10 August 2011 following signature of the President of the Republic of Sudan. These amendments provide for, among others, the automatic revocation of Sudanese nationality of those who became citizens of the Republic of South Sudan. The amendments further provide that Sudanese nationality shall be revoked where the Sudanese nationality of the responsible parent is revoked because of de facto or de jure entitlement to South Sudanese nationality. According to the nationality laws of the Respondent State, dual nationality with South Sudan is not permitted.

State Accused

Sudan

Outcome

Decided on Merits

Year Decided: May 31, 2018

Rights Violated (ACRWC Provisions)

ACRWC 11: Education
ACRWC 3: Every child is entitled to enjoyment of rights and freedoms in irrespective of race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status
ACRWC 4: In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration
ACRWC 6.3: Every child has the right to acquire a nationality

ACERWC Decision

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002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

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Type of Document

Decision

Keywords

IHRDA
Rape
Rights and Welfare of the Child
Women's Rights

Case Head Notes: The Complainants, in their submission to the Committee, allege that TFA, aged 10, was raped on9, 12, 15 and 16 of April, 2012, in Amanda -North-West region of Cameroon.

State Accused

Cameroon

Outcome

Decided on Merits

Year Decided: May 6, 2018

Rights Violated (ACRWC Provisions)

ACRWC 1.1: States recognize rights, freedoms and duties in the Charter and take steps to adopt implementation measures
ACRWC 1.2: No Charter provision to precede more conducive domestic laws for child rights and welfare
ACRWC 1.3: Discouraging custom, tradition, cultural or religious practice inconsistent with Charter provisions
ACRWC 16: Protection against child abuse and torture
ACRWC 16.1: Protecting child from torture, inhuman or degrading treatment
ACRWC 16.2: Establishing special monitoring units for child abuse and support to children
ACRWC 3: Every child is entitled to enjoyment of rights and freedoms in irrespective of race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status

ACERWC Decision

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002/2009 IHRDA (on behalf of Children of Nubian Descent) v. Kenya

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Type of Document

Decision

Keywords

Actio popularis
Best Interest of the Child
Citizenship/Nationality and Related Rights
Economic, Social and Cultural Development
Freedom from Discrimination
Rights and Welfare of the Child
Rights of Minority Communities
Statelessness

State Accused

Kenya

Outcome

Decided on Merits

Year Decided: Mar 22, 2011

Rights Violated (ACRWC Provisions)

ACRWC 6: Name and Nationality
ACRWC 6.1: Every child shall have the right from his birth to a name

ACERWC Decision

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001/2012 - Center for Human Rights (University of Pretoria) and Rencontre Africaine pour la Défense des Droits de l'Homme v Senegal

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Type of Document

Decision

Keywords

Best Interest of the Child
Child Abuse/Exploitation
Economic, Social and Cultural Development
Harmful Traditional Practices
Right to Education
Right to Health
Slavery and Human Trafficking

State Accused

Senegal

Outcome

Decided on Merits

Year Decided: Apr 15, 2014

Rights Violated (ACRWC Provisions)

ACRWC 11: Education
ACRWC 14: Health and Health Services
ACRWC 15: Child Labour
ACRWC 16: Protection against child abuse and torture
ACRWC 21: Protection against Harmful Social and Cultural Practices
ACRWC 29: Sale, trafficking and abduction
ACRWC 4: In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration
ACRWC 5: Survival and Development

ACERWC Decision

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003/2015 - Minority Rights Group International & SOS-Esclaves (on behalf Said Ould Salem & Yarg Ould Salem) v Mauritania

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Type of Document

Decision

Keywords

Best Interest of the Child
Child Abuse/Exploitation
Education
Freedom from Discrimination
Implementation of Decisions
Right to Dignity
Right to Education
Rights and Welfare of the Child
Slavery and Human Trafficking

State Accused

Mauritania

Outcome

Decided on Merits

Year Decided: Dec 15, 2017

Rights Violated (ACRWC Provisions)

ACRWC 1: Obligation of States Parties
ACRWC 11: Education
ACRWC 12: Leisure, Recreation and Cultural Activities
ACRWC 15: Child Labour
ACRWC 16: Protection against child abuse and torture
ACRWC 21: Protection against Harmful Social and Cultural Practices
ACRWC 3: Every child is entitled to enjoyment of rights and freedoms in irrespective of race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status
ACRWC 4: In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration
ACRWC 5: Survival and Development

ACERWC Decision

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