the victims in a legal limbo. Furthermore, the Government did not provide
Said and Yarg with the necessary support to integrate them in to the
society to ensure their equal enjoyment of rights under the Charter. Hence,
the Committee concludes that the failure of the Government to prevent the
discriminatory treatment in the enjoyment of rights recognized under the
Charter, as well as the failure to provide effective remedy is a violation of
the
Respondent
State’s
under article 3.
65.The
Committee
duty
to
protect
also deliberated
the
right
to
non-discrimination
on the Applicant’s submission
regarding
position to pronounce that the Respondent State has breached
its duty to
Mauritania’s breach of its negative obligation to respect, by systematically
failing to enforce the 2007 anti-slavery law. The Committee notes that the
duty to respect requires states to refrain from interfering with or inhibiting
the exercise of a right. In this regard, it is the Committee’s view that the
Complainants could not provide sufficient evidence which proves that the
Respondent State directly interfere in the enjoyment of the rights to nondiscrimination of the two brothers. Hence, the Committee is not in a
respect the right to non-discrimination.
Alleged violation of article 4 on the best interest of the child
66.The best interest of the child, as provided in article 4 of the African
Children’s
Charter,
should
be
the
primary
consideration
in
all
actions
involving and affecting children. The Committee considers the best interest
of the child to be one of the general principles which guide the
interpretation
and
implementation
of the rights contained
in the Charter.
The principle of the best interest of the child is applicable in all actions or
omissions undertaken by any person including State and non-State
actors. °° In addition,
the
UN
Committee
on
the
Rights
of the
Child
(UNCRC) indicated that the best interest of the child has a procedural
content in the sense that the decisions concerning children should be
made after assessing the possible implication on the rights and welfare of
the child.** Hence all actions and inactions that concern children must be
undertaken only if they are in the best interest of the child. °° The
Committee concurs with the UNCRC that the best interest of the child is
flexible and adaptable so that it can be applied to the needs of children
taking into account their specific circumstances.*°
67.In the current Communication,
the Complainants alleged that Mauritania
has contravened article 4 of the Charter on the best interest of the Child as
it failed to implement its anti-slavery law; to bring prompt action against the
slave
masters
of Said
and
Yarg;
to bring
charges
involved in the slavery; and to hear the appeal on time.
against all persons
°8 The Centre for Human Rights and La Rencontre Africaine Pour La Defense Des Droits De L’homme V
Senegal, ACERWC Communication no. 003/Com/001/2012, 2015 para 35.
34 UNCRC General Comment no 14 para 6(c).
35 As above para 17.
38 As above para 32.
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