of seniority and competence.”
124. The UN Committee on Economic, Social and Cultural Rights also stated
that:
All workers have the right to equal opportunity for promotion through fair,
merit-based, and transparent processes that respect human rights. The
applicable criteria of seniority and competence should also include an
assessment of individual circumstances, as well as the different roles and
experiences of men and women, in order to ensure equal opportunities for
all.35
125. The Court observes in the instant case that, in respect of the provisions of
Articles 12536 and 12737 of Law No. 034 of 12 July 2010, which lay down
the Malian National Police rules and regulations, that the promotion criteria
for the Respondent State’s police officers are length of service and
competence, which is in accordance with Article 7 of the ICESCR.
126. The Court notes that the Applicants, as at the date of the decree of 6
February 2006, had not met these criteria for enrolling in the police
Superintendents training program as they obtained their Masters’ degrees
only after the effective date of the decree.
35
UN Committee on Economic, Social and Cultural Rights (CESCR), General comment No 23 (2016)
on the right to just and favourable conditions of work (Article 7 of the International Covenant on
Economic, Social and Cultural Rights), 7 April 2016, § 31.
36 Article 125: To be promoted to a higher category through training, a police officer is required to have
successfully completed studies at a level corresponding to the category to which he/she is being
promoted. To be eligible to undertake the training referred to in the previous paragraph, the police officer
must have: Received a favourable evaluation from the hierarchical authority, based in particular on his
or her most recent performance appraisal and the speciality of the corps to which he or she is planning
to be promoted; ».
37 Article 127 reads: In order to lead to promotion, in-service training shall be a discipline which
corresponds to one of the specializations of the Police; furthermore, it shall be justified by need, and
undertaken by officers in service or on secondment. The training undertaken shall allow the officer,
depending on the diploma obtained, to get an advancement to the next higher grade, or to a higher
category which corresponds to the diploma obtained. Promotion resulting from the said training, shall
not, in any way, pave the way for access to a higher category in the same corps. To benefit from the
right to advancement to a higher grade, the training duration shall not be less than two (2) years. »
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