Applicants have not demonstrated the alleged inadequacy of judicial
response by the Respondent State.
255. In the circumstances, the Court finds that the Respondent State has not
violated the right of an effective remedy under Article 1 as read jointly with
Article 7 of the Charter.
F. Alleged violations of the rights and welfare of the child
256. The Applicants allege the following violations of the rights and welfare of the
child:
i.
Right not to be subjected to abduction, sale and trafficking of children;
ii.
Right related to the best interests of the child; and
iii. Right to education.
257. The alleged violations will be considered successively.
i.
Alleged violation of the right not to be subjected to abduction, sale and
trafficking of children
258. Citing the decision of the African Committee on the Rights and Welfare of
the Child (hereinafter referred to as “Children’s Committee”) in Centre for
Human Rights and Another v. Senegal, the Applicants aver that the
definition of child trafficking is “the recruitment of victims, their
transportation, transfer and harbouring of children for the purpose of
exploitation.”
259. According to the Applicants, children are the majority of the targets for
trafficking, given the thriving market for body parts of PWA combined with
the fact that children are vulnerable and “easy to find and capture”. The
Applicants further argue that the Respondent State has not safeguarded the
rights of children with albinism within its territory.
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