and their physical, mental, spiritual, moral, psychological and social development. The
obligations of the State Party under this principle also encompass protection of
children's rights to access healthcare and education services, access to clean water,
the right to live in safe and clean environment, and protection from any form of abuse
and degrading treatment, including child labour.44
68. Pursuant to Article 1 of the Charter, States Parties have an obligation to prevent
violations of children’s rights. This preventive obligation requires the adoption of all
appropriate legislative, administrative, judicial, and policy measures to ensure that
children are protected from practices and conditions that pose a foreseeable risk
to their lives or impede their full development. In this regard, the Committee draws
inspiration from the jurisprudence of the Inter-American Court of Human Rights in
Velásquez-Rodríguez v. Honduras, where the Court interpreted the duty to prevent
as including ‘“all those means of a legal, political, administrative and cultural nature
that promote the protection of human rights and ensure that any violations are
considered and treated as illegal acts, which, as such, may lead to the punishment
of those responsible and the obligation to indemnify the victims for damages.”45
69. The Committee notes and recognizes the facilities and services available for
children who are affected by any form of violence. However, the Respondent State
has not taken concrete steps to stop the practice of children being accused of
witchcraft as children continue to be subjected to all forms of torture, severe
beatings and abandonment. The lack of targeted efforts to eliminate the
discriminatory practice and lack of adequate prosecution of perpetrators by the
Respondent State hinders access to services for children affected. The
Respondent State’s argument makes reference to 15 children who have received
care in the shelter of Government facilities following the recommendation of the
Commission of Inquiry. Moreover, during the fact-finding mission, the Committee
was informed that no children currently are in shelters due to witchcraft accusation
as the practice has ended. However, the Committee was provided evidence of
ongoing violations and was informed that some children in the transitional shelter
come due to abonnement as a result of witchcraft accusation. The Committee finds
that the Respondent States’ denial that the practice exists and is ongoing is an
evidence to the lack of appropriate measures for prevention and redressing the
violations that affect the survival and development of children.
70. Moreover, having established a violation of Article 5(1) of the Charter on the ground
of failure to prevent killings and threats to life of children accused of witchcraft
accusation, and having further determined that the situation of children accused of
witchcraft amounts to a violation of their right to life, the Committee decides that its
reasoning necessarily leads to a finding of a violation of Article 5(2).
71. The Committee therefore finds that the failure of the Respondent State to prevent
killings and threats to life, as well as to undertake measures targeted towards
ACERWC, Communication No 007/com/003/2015, Minority Rights Group International and
SOSEsclaves v the Republic of Mauritania, 2017, para 42.
45 Inter-American Court of Human Rights, Case of Velásquez-Rodríguez v. Honduras, para 175.
https://www.corteidh.or.cr/docs/casos/articulos/seriec_04_ing.pdf.
44
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