190.
In SERA.C & CESR v Nigeria'», the Commission included the right to health in its
listing of the implied rights expressly derived from the rights to property and
family, and held that these rights were violated by the destruction of housing and
harassment of residents who returned to rebuild their homes.
191.
As touching the right to the protection of family and the duty of State to take care of
the family's physical and moral health as we as protection of women and children
from discrimination and violence stipulated in Articles 18(1) and 18(3), the
Commission notes that it has alluded generally to 'family' as a composition of
individuals who are related by marriage, spousal relationships, or spouses and
children=. It has also widened the scope of the definition of family to include,
person 'in a de facto relationship or one not recognized by law, divorced or
widowed, live in an extended family or kinship group or have differing kinds of
responsibility for children and dependents or a particular number of childrens".
192,
The Commission considers that the family has been recognized as the natural and
fundamental group unit of society and is entitled to protection by society and the
State='. It also bears in mind that i~!:.·a,:Communication against The Sudan=
mentioned above, wherein it held that a violation of Article 18(1) had occurred, it
had considered that the forceful eviction of the victims from their homes, resulting
in some family members being killed, and others-fleeing to different places, inside
and outside the territory of the Respondent State, threaten "the very foundation of
the family and renders the enjoyment of the right to family life difficult.
193,
The Commission therefore reiterates its stand in Kenneth Good v Republic of
Botswana, that tqe State has a negative obligation to 'refrain from violating the
rights and interests of the family'<', Also, the Commission's General Comment on
"The Right to Redress for Victims of Torture and Other Cruel, Inhuman or
Degrading Punishment or Treatment= lists abuse, assault or harassment of women
as part of acts of gender-based violence.
, '.~
194.
In light of the above, and bearing in mind the obligations of the State to respect the
rights in the Maputo Protocol necessitates that States "refrain from hindering,
directly or indirectly, women's rights ... "65, the Commission is of the view that
conducts of the Government of South Sudan violated Article 16(1), and Article
18(1&3)of the African Charter.
Alleged violation of Articles 6